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Smith sues Commission
Ousted state lawmaker asserts Arizona law unconstitutional
by Barry Cohen

CAREFREE – “You have to stand up for what’s right, and that’s what I’m doing.”

That’s how former state Rep. David Burnell Smith summed up his lawsuit against the Arizona Citizens Clean Elections Commission.

Smith, a Republican, was fined and removed from the Arizona Legislature earlier this year for violations of the state’s campaign finance law. Elected in 2004, Smith was ousted after the Arizona Supreme Court upheld a Clean Elections Commission finding that he spent more than permitted by statute.

 

Smith, who is again running for the District 7 seat, maintains he never got a fair hearing and could have proven he did not spend more than allowed if his case had been adjudicated.

Last week, Smith filed a complaint in Maricopa County Superior Court, based on First Amendment rights, seeking to have the state’s Clean Elections law limiting campaign expenditures by an individual candidate declared unconstitutional.

 The 65‑year‑old attorney vows to take his lawsuit all the way to the U.S. Supreme Court, if necessary, “no matter the cost.”

Smith is basing his lawsuit on a recent U.S. Supreme Court ruling that Vermont’s campaign finance law is unconstitutional because it set individual contribution limits too low, making it more difficult for candidates to raise money in political campaigns.

Smith concedes his chances of winning in the Maricopa County court are not very good and vows to appeal, if he loses, saying he believes his chances of winning will improve if the case goes to the state Supreme Court.

“The bottom line is, when you’re right, you’re right,” he said. “I’m going for justification.”

Reach the reporter at barry@thedesertadvocate.com.

 
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