In 2012, Montgomery's office joined the FBI in a wide-ranging probe of the AG's office begun the year before. The U.S. Attorney's Office chose not to bring charges, and Monty declined to pursue criminal charges as well.
Instead, Montgomery referred the matter to Arizona Secretary of State Ken Bennett, who sent it back to Montgomery, saying that there was probable cause that campaign finance laws had been broken.
Montgomery then ordered Winn and Horne to pay back the contributors to Winn's IE.
But Arizona law (A.R.S. 16-924) specifically states that, "the secretary of state shall notify the attorney general for a violation regarding a statewide office or the legislature."