Constitution? We ABOLISAHED that antiquated document! WE are your MASTERS...WE decide what is "Law"!
Posted on 01/27/2006 1:31:25 PM PST by NormsRevenge
PHOENIX - An Arizona legislator has been removed from office for overspending during his 2004 primary race, making him the first lawmaker in the country to be ousted for violating a state's public campaign financing system.
After a five-month court battle, the Arizona Supreme Court on Thursday ordered first-term Republican Rep. David Burnell Smith to leave office at midnight.
"I will no longer exercise any duties as a representative," the 64-year-old lawyer said Friday.
Under Arizon's 1998 Clean Elections Law, candidates who voluntarily participate must collect a set number of $5 contributions from voters to qualify for public funding. In return, they must adhere to certain spending limits.
The state Citizens Clean Elections Commission ruled in August that Smith exceeded his nearly $25,000 primary spending limit by about $6,000.
Smith had initially acknowledged spending too much because of sloppiness but later said that he did not overspend and that his records merely were in disarray.
Maine, New Jersey, New Mexico and North Carolina have similar public campaign finance systems.
___
On the Net:
Citizens Clean Elections Commission: http://www.ccec.state.az.us
Odd... separation of powers usually requires the legislative body to impose such a penalty.
So now we have a Court deciding who can and cannot be a legislator? Most state constitutions model the US Constitution and give sole discretion as to who to set or not seat in the legislature.
... or the voters...
IOW nobody accept public funding and they can't touch you.
Maybe he should have opted out.
he needs therapy. he's clearly addicted.
What a strange law.
Since the people voted him in, isn't it up to the people to remove him...either by recall now or voting booth later?
Constitution? We ABOLISAHED that antiquated document! WE are your MASTERS...WE decide what is "Law"!
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
We have to start somewhere with the illegal contributions. This is a great start now if all 50 states could clean up their acts. We would have a perfect election process.
Early on a Sunday morning, you should probably post a sarcasm tag.
I'm not really in favor of the law, but the "people" did remove him. The people elected the state legislature which in turn created the legislation.
This is actually a case of the courts applying the law rather than making it up. The only question would be if the court accurately tallied up his spending.
Your right. I forgot just kidding at the end.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.