PHOENIX — Rep. David Burnell Smith said Friday that he'll formally step down Monday from the Arizona House seat that he's been ordered to vacate because he spent too much on his publicly funded 2004 primary campaign.
"I will be leaving the House and I will no longer exercise any duties as a representative," Smith said during a telephone interview.
The Supreme Court late Thursday upheld a lower court's order that the first-term Republican leave office because of a state commission's ruling, and a midlevel court's stay blocking the lower court's order expired at midnight.
The state Citizens Clean Elections Commission last year said Smith, R-Carefree, overspent by about $6,000 during his primary campaign.
Smith still contends he didn't overspend and didn't get a chance to make his case in court. "I'm better than I was yesterday, but you've got to move on and decide what you're going to do," he said Friday.
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The Supreme Court order culminates more than a year of regulatory and legal proceedings that make Smith the first lawmaker in the country to be ousted for violating a state's public-campaign funding system.
The Legislature was not in session Friday. Smith said he'll go the House floor Monday to address his colleagues and hand House Speaker Jim Weiers a letter saying he accepts that he has to leave the Legislature and is obeying the court order.
Though commission Executive Director Todd Lang said Friday that Smith no longer was a legislator, Smith said he still regarded himself as one until he submits the letter to Weiers.
"I think technically I am, but in my mind when I give the letter to the speaker and he accepts it, I believe I no longer would be," he added.
Because the Supreme Court won't issue an opinion explaining its order until sometime in the future, "I'm not going to resign," the 64-year-old attorney said. "The problem is, if I resign and if they would happen to change their mind, it's too late."
However, Smith said he still contends he didn't overspend. He said hopes he'll be appointed to the seat to serve out the remaining 11 1/2 months of his term. He also plans to run this fall for election to a new term.
After leaving the House, Smith said he will go to the Secretary of State's Office to submit the same letter so his seat can be declared vacant.
Once that happens, GOP officials in Smith's district will nominate three people to replace Smith. The Maricopa County Board of Supervisors then will appoint one of the three to fill the seat.
Lang said he doesn't believe Smith could legally be appointed to replace himself to serve the rest of the current term but that he can run and be elected to a new term. "That's a different office," he said.
Lang praised Smith for his courteous dealings with the commission and its staff and his acceptance of the court order. "It sounds like he's being a gentleman," Lang said.
Smith had initially acknowledged spending too much because of sloppiness but later said he didn't overspend and that his records merely were in disarray.
"I think if we'd have presented evidence I would have shown I did not overspend," he said Friday.
States including Maine, New Jersey, New Mexico and North Carolina have similar public-campaign finance systems.
In Arizona, participating candidates must collect a set number of $5 contributions from voters to qualify for the public funding. Candidates can also receive matching funds if nonparticipating political rivals spend more money.
"I'm better than I was yesterday, but you've got to move on
and decide what you're going to do."
David Burnell Smith, former Arizona House Representative for District 7
