Smith says court loss shouldn’t hurt election chances
by Barry Cohen

CAREFREE – A Maricopa County Superior Court judge last week turned down ousted state Rep. David Burnell Smith’s appeal to have $44,000 in fines and penalties dismissed.

The 65‑year‑old Republican, who is running again for the District 7 seat, vowed to take his case to the Arizona Court of Appeals.

Smith said he doesn’t believe the latest ruling will hurt his chances of winning this year’s primary and general elections.

“Voters care about the problems with the border, taxes and education,” he said. “I expect to be elected based on the issues.”

An attorney and Carefree resident, Smith earlier this year was fined and removed from the Arizona Legislature for violation 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 said he wasn’t surpris‑ed by the recent Superior Court decision.

“Courts don’t like to un‑ring the bell after it’s been rung,” he said. Smith related that he is prepared to take his appeal to the Arizona Supreme Court and to the U.S. Supreme Court, if necessary.

In a separate legal action, Smith last month filed a complaint in Maricopa County Superior Court arguing the state’s Clean Elections law violates the First Amendment to the U.S. Constitution because it limits individual campaign expenditures.

Reach the reporter at barry@thedesertadvocate.com.