Suit claims Clean Elections limits unconstitutional
by Barry Cohen

CAREFREE – David Burnell Smith has ridden down his last campaign trail.

The 65‑year‑old Carefree resident and attorney said he’s bowing out of the political arena after finishing third among the four GOP candidates vying to represent the party in the District 7 race for the Arizona House of Representatives. 

“I love politics and thought I could have done a great job in the legislature, but now I’ll just sit back and play golf,” said Smith.

Smith thinks “negativity” surrounding his campaign hurt his chances of winning.

The former state representative was removed from office earlier this year after the Arizona Supreme Court upheld a Clean Elections Commission finding that Smith spent more than permitted during his 2003 campaign. Smith won that race, the only time he was elected to office in six tries.

Last month, a Maricopa County Superior Court judge turned down Smith’s appeal to have  $44,000 in fines and penalties issued by the commission dismissed. Unfazed, he still hopes to get the fine reduced.

In July, Smith filed a separate complaint arguing the state’s Clean Elections law violates the First Amendment to the U.S. Constitution because it limits a candidate’s individual campaign expenditures.

The former legislator believes he might have won the election had fourth‑place finisher Howard Sprague not been in the race.

“Sprague took away some of the votes that would have been cast for me because his conservative views are most similar to mine,” he said.

Smith offered the two Republican primary winners, incumbent Reps. Nancy Barto and Ray Barnes, his full support in the general election.

Reach the reporter at barry@thedesertadvocate.com.