Arizona Supreme Court Decision on Third-Party Candidates
The Arizona Supreme Court has delivered a verdict favoring two third-party candidates embroiled in a legal dispute over the jurisdiction of the Citizens Clean Elections Commission. Although the ruling clarifies the commission’s limits, it does not halt the investigation into potential misconduct by the candidates in the state’s public campaign financing system.
Risa Lombardo, running for governor, and Duwayne Collier, a secretary of state candidate, launched a legal challenge in September. The dispute arose after allegations surfaced that their campaigns potentially falsified $5 qualifying contributions necessary to access substantial public funding through the commission.
The crux of their argument, as presented by their attorney, was that the Clean Elections Commission lacked the power to decertify candidates retroactively. This stance was taken after the Secretary of State and the county recorder had already validated the necessary signatures for their candidacies.
Initially dismissed by a trial court judge, the Arizona Supreme Court agreed to examine a pivotal question: Can the Clean Elections Commission decertify candidates after certification by other authorities?
In a definitive order issued on Friday, the Supreme Court stated, “It does not.” Chief Justice Ann Scott Timmer elucidated, “(State laws) assign to the Secretary of State and county recorders a discrete role in certifying qualifying contributions… The statute does not confer authority upon the Commission over that process, nor do the rules contemplate it.”
The ruling, however, does not conclude the ongoing examination into Lombardo and Collier. The investigation continues following reports that individuals listed as contributors by the campaigns denied making the $5 donations, as reported by the Arizona Mirror.
Thomas Collins, the Clean Elections Executive Director, informed the Supreme Court that any issues surrounding the Secretary of State’s certification were settled. Collins clarified that concerns about possible mathematical errors were addressed by Lombardo’s attorney.
Collins’ legal team provided affidavits from 17 individuals listed as contributors, all stating they did not contribute $5 to the campaigns in question.
Addressing the commission’s authority, the Supreme Court stated, “We do not address the Commission’s authority to investigate any malfeasance in obtaining qualified contributions or the remedies that it may impose if malfeasance is found,” as noted by Chief Justice Timmer. The continuation and outcome of the investigation will determine any penalties, including the potential repayment of public funds.
Currently, Lombardo has acquired approximately $2.8 million in campaign funding, while Collier’s campaign has received about $740,000. Meanwhile, officials from the Arizona Green Party have distanced themselves from Lombardo and Collier, labeling them as “sham” candidates with no genuine ties to the party.
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