PHOENIX — Arizona Attorney General Kris Mayes says she’s preparing to sue State School Superintendent Tom Horne over his defiance of Mayes’ order to change the way his office reviews spending by families with Empowerment Scholarship Accounts.

“That's unacceptable,” the Democratic AG said in an interview.

Mayes was responding to Horne's rejection of her order on this weekend's "Sunday Square Off."

'Have to take action'

“If he's going to continue to allow a system in which taxpayers are cheated out of their hard-earned money through the ESA program in contravention of the law," Mayes said, "we're going to have to take action in the courts to stop it. We really didn't want to have this come to pass.”

12News reporting has revealed that $124 million in purchases under the taxpayer-funded

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