ACC candidates' mailer violated rules, Dems say

2012-09-12T00:00:00Z 2014-06-06T13:50:48Z ACC candidates' mailer violated rules, Dems sayHoward Fischer Capitol Media Services Arizona Daily Star
September 12, 2012 12:00 am  • 

PHOENIX - The Arizona Democratic Party is accusing the three Republicans running for the state Corporation Commission of misusing the public money they're getting for their campaigns.

In a complaint to the Citizens Clean Elections Commission, Joaquin Rios, the party's research director, said a pre-primary mailer sent out by the three GOP contenders - incumbent Bob Stump and candidates Susan Bitter Smith and Bob Burns - is designed to criticize the three Democrats seeking the same seats in November.

The problem with that, Rios said, is that candidates running for office with public funds - in this case, all three Republicans - are legally permitted to use the $91,874 they get for a primary election only to advance their own races against primary foes. Candidates get a separate allocation of $137,811 for the November general election.

Rios said the publicly funded mailers went beyond those limits.

In one pre-primary mailer, the three Republicans say that if the Democrats are elected they will "support President Obama's energy policies, which will cause more unemployment, more home foreclosures and more suffering for the people of Arizona." And the mailer does more than criticize Democrats generically, naming the party's three candidates: incumbents Sandra Kennedy and Paul Newman and candidate Marcia Busching.

The GOP contenders did not need to rack up votes in the primary: There are three seats up for grabs on the commission this year, meaning there was no chance of any of them not getting nominated and moving on to the general election.

Rios wants the commission to rule the mailings were illegal and to sanction the three Republicans by withholding their general election funding.

Todd Lang, the commission's executive director, said the checks already have been sent. But he said if the commission finds a violation, it can seek reimbursement.

The three Republicans, in a joint response, did not deny criticizing the Democrats in a mailer paid for with public funds earmarked for the primary. But they defended the wording and claim a constitutional right to say what they did.

"The thrust of the complaint from the Democratic Party is that somehow we gave up our right to Free Speech by becoming participating candidates, that somehow the state can restrain us from articulating whatever message we think will best motivate voters to support us in the primary election," they argued.

But Lang, while saying he has not reached any conclusion on the complaint, said that contention misses one key point.

"When you agree to participate in the Clean Elections program, you agree to abide by our rules, one of which is that primary funding must be directed to the primary and not to the general (election)," he said.

That restriction, said Lang, may restrict what candidates can say in campaign materials during the primary race.

"Any freedom-of-speech right you may claim to have, in my view, would be waived," he said. "You don't have to participate in our system if you don't like the restrictions. You're free to run traditionally" using private dollars.

Burns, however, said Lang's interpretation of the restrictions on primary campaign literature is too narrow.

It ultimately will be up to the full commission to review the complaint and decide if the Republicans violated the rules and, if so, what the penalty should be.

DID YOU KNOW?

The Corporation Commission is responsible for regulating the rates of investor-owned electric, gas, water and telephone companies. It also oversees the sale of certain securities and registers corporations.

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