Senate President Russell Pearce will not be able to get financial help from corporations to keep him in office, at least not directly.
In a formal legal opinion, state Solicitor General David Cole rejected the contention of Lisa Hauser, an attorney who represents Pearce, that the prohibition on those donations that applies in regular candidate races is inapplicable in recall elections.
Cole said the law is clear that neither corporations nor unions can make contributions designed to “influence an election.’’ And he said a bid to oust a sitting legislator from office fits that definition.
Cole wrote the decision rather than Attorney General Tom Horne, who had recused himself because of his political ties to Pearce.
Under Arizona law, a formal opinion from the Attorney General’s Office can be cited as legal precedent, much like a court ruling. The fact that this opinion was signed by Cole and not Horne does not change that.
Hauser said a campaign committee formed to aid Pearce had accepted a small corporate check — she said it was about $1,200 — but returned it when state Elections Director Amy Bjelland questioned the legality of the move. It was Hauser who then sought the formal opinion.
“If that’s the AG’s opinion, unless we go to court to change it, it is what it is,’’ she said. But Hauser said that is unlikely to happen.
If nothing else, she said, the opinion clarifies that corporate and union money will be off limits not only to Pearce but to anyone who decides to run against him.
“We just want to make sure everybody’s playing by the same set of rules,’’ Hauser said.
But Cole pointed out there is a loophole of sorts in the law.
He noted that the U.S. Supreme Court ruled last year that corporations and unions have some of the same free-speech rights as individuals. While that does not disturb state or federal laws prohibiting contributions directly to candidates, there can be no laws which bar either type of organizations from forming or contributing to separate efforts to elect or defeat any particular candidate.
The only requirement is that these committees be completely independent of — and have no connection of any sort to — the candidate.
Randy Parraz, one of the recall organizers, said his committee has not accepted either corporate or union money. But Parraz will not disclose who paid for the successful petition drive, at least not yet.
“A lot of this has to do with people’s fear,’’ he said, intimating that those who helped with the recall might be the subject of some sort of unspecified retaliation. He said some people gave just $25 because the sources of contributions at that level and below do not need to be detailed.
“We’re going to comply,’’ he said. “We don’t feel compelled to have to disclose at this point.’’
Bjelland confirmed that for this unusual election — the first ever for a statewide or legislative office — the first campaign finance reports do not have to be filed until Oct. 27. That is only two weeks before the vote.
In a separate event Monday, Parraz attempted to deliver a letter to Pearce at his Senate office asking him to resign.
That is one option he has under state recall laws. The Maricopa County Board of Supervisors would then choose a replacement.
But Pearce said he has no intention of quitting and believes he will win the recall and be able to serve out the balance of his two-year term.
samkat posted at 6:03 pm on Mon, Jul 11, 2011.
I am not surprised that Parerezz and his friends refuse to tell where they got their money. My guess is that the pro illegal groups funded their movement. I also would not be surprised if the SEIU was an active donor.
Accuracy posted at 6:18 pm on Mon, Jul 11, 2011.
Critics organizer Randy Parraz: Calling for Pearce to quit before the recall election
Monday, the Senate page agreed to deliver the letter (by Randy Parraz) requesting Senate President Russell Pearce resignation before his potential November recall election. "Last chance" for the organizer of the recall of Russell Pearce. A few dozen Citizens for a Better Arizona ‘critics’ joined organizer Parraz in the lobby of the Senate office building.
Gov. Jan Brewer now has 15 days to officially issue an order calling for the election. Pearce also has 10 days to challenge the signatures (on the “Recall Russell Pearce Petitions”) in Maricopa County Superior Court . . . Or go forward with the election and with his name automatically on the ballot.
chick posted at 7:16 pm on Mon, Jul 11, 2011.
Why should he resign? He got more votes in the election than VALID petition signatures. His district will have their say. Hopefully, with all LEGAL votes.
There's a reason Randy won't disclose. Wonder why? (rhetorical)
RationalHuman posted at 8:04 pm on Mon, Jul 11, 2011.
"Parraz will not disclose who paid for the successful petition drive"
*cough*La Raza*cough*
The question is, do they qualify as a union and/or a corporation?
AND WHY IS NO ONE PRESSING THIS ISSUE? THEY ARE SO QUICK TO QUESTION PEARCE, YET HERE PARRAZ COULD VERY WELL BE BREAKING THE LAW AND NO ONE IS DOING ANYTHING ABOUT IT.
RationalHuman posted at 8:05 pm on Mon, Jul 11, 2011.
And please don't reply with "Oct. 27" - two weeks is NOT enough time.
NothingButTheTruth posted at 8:32 pm on Mon, Jul 11, 2011.
And still no one has stepped forward to challenge Pearce. We can hardly wait to see what these La Ratza's put forward as a challenger.
NothingButTheTruth posted at 9:02 pm on Mon, Jul 11, 2011.
If La Ratza did give money to Parraz that would be very interesting since La Ratza is a non profit organization. I wouldn't doubt it that Mexico funded the entire recall. There's no confusion as to why we have to have this election except by various libertards who will say it's about everything but SB1070. Come on, chime in with all the many reasons Pearce isn't a all around good person who deserves to be unseated. lol
Smithier posted at 9:06 pm on Mon, Jul 11, 2011.
I am so proud of my little Mormon Conservative district that recalled this S.O.B.
I didn't think it would ever happen, but I helped get signatures anyway just to p*** him off.
Seriously, Birther Bills and concealed weapons on campus? No Animal-Human Hybrids? Please.
I was pleasantly surprised to realize LOTS of my fellow LD18ers felt the same way, and now I think he just might get voted out.
Mormon and Conservative apparently doesn't mean Crazy Wingnut, Russell. You are RECALLED.
Signed,
Your Constituents
Slabside posted at 9:45 pm on Mon, Jul 11, 2011.
Smithier, I wouldn't count your Kolob chickens just yet.
Poorman posted at 5:45 am on Tue, Jul 12, 2011.
What a joke,i guess some folks will try anything to get rid of Pearce. Now ole granny will have to loan Russ a few thou!! Heh Heh!
Poorman posted at 5:49 am on Tue, Jul 12, 2011.
Somewhere i saw the Rep.Flakey has about 2mill stashed for his run on Kyles seat,maybe he could loan some bucks to Russ Pearce. He!Heh!
True posted at 8:49 am on Tue, Jul 12, 2011.
Here's a man who has dedicated his life to ruining the lives of others. In our economic downturn he spends our tax dollars on "state gun" legislation etc. There are intelligent conservatives out there who would do a far superior job on issues that should be confronted. I say vote this fraud out!
NothingButTheTruth posted at 9:42 am on Tue, Jul 12, 2011.
Well True and Smithier, as they say, put up or shut up. Where's his opponent? Who are you going to replace him with? I think this La Ratza funded event has run out of steam and has no real plan as they didn't think they would actually get enough signatures. Show me an "intelligent conservative" that will run against Pearce and I'll show you a republican who has no future in Arizona politics.
hillstreet posted at 10:42 am on Tue, Jul 12, 2011.
As history has shown, all dictators, sooner or later, always get their due. Hitler, Mussolini, Sadam, all learned that lesson well. Reichfuehrer Pearce now will learn it also.
In_God_We_Trust posted at 11:03 am on Tue, Jul 12, 2011.
Thanks for the comment pretend cop hillstreet. We needed some tardo to bring up the pseudo intellectually challenged argument that Pearce is a Nazi.
RationalHuman posted at 12:23 pm on Tue, Jul 12, 2011.
In_God_We_Trust, hillstreet's comment officially Godwins this forum thread.
It also shows how empty headed the pro-illegals are, if this is all they can come up with.
Google "Godwin's Law" for some laughs.
In_God_We_Trust posted at 12:55 pm on Tue, Jul 12, 2011.
Godwin's Rule of Nazi Analogies
A humorous observation made by Mike Godwin in 1989 which has become an Internet adage. It states: "As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches 1." In other words, Godwin put forth the sarcastic observation that, given enough time, all discussions—regardless of topic or scope—inevitably wind up being about Hitler and the Nazis.
This works well for many people. Calling someone a racist works well too if one being called a racist is advocating something that may have adverse effect on Latinos or blacks. The person advocating could even be black or Latino. Even stating the obvious here is probably considered to be racist as 99% of the population doesn't really understand what the word actually means. Racism has come to mean many things to many people and is commonly used interchangeably with racial prejudiced. Racial prejudice may it be wrong or right, is not against the law whereas racism is. Racism is the act of denying equal access to our institutions such as education, employment, housing ... because of someone's race. Hey maybe we can have a race card rule.
Butters posted at 1:43 pm on Tue, Jul 12, 2011.
Smithier, I'm a constituent who supports Senator Pearce, and you D.A.M.N. sure don't speak for me. Unless you can identify yourself as the official spokesperson for those against Senator Pearce, I suggest that you shut up and stop falsely representing yourself as a spokesperson for others. LDS has a policy of not mixing church witih state, and they are PROHIBITIED by LAW as a 501C3 from doing so, which is why you never see the LDS church endorse any candidate. If you really are an LDS member, again I suggest that you keep your big, fat, yap shut and follow your church doctrine by leaving LDS OUT OF IT.
AmericanPatriot posted at 2:05 pm on Tue, Jul 12, 2011.
Ya but Butters, he's so proud of his little Mormon Conservative district that recalled Pearce. lol
Poorman posted at 6:57 am on Wed, Jul 13, 2011.
I agree with the poster who said Pearce was ruining the lives of others,the illegals for sure. I trust he will keep on with that. Actually they ruined their own lives by comming here illegally.
NothingButTheTruth posted at 11:07 am on Wed, Jul 13, 2011.
Yes that is one of the things we elected Pearce to do, ruin the illegal aliens life here in America. So far he's done a marvelous job of it, and that is why he is facing reelection. Those pro illegal, open border, Un-Americans hate him for spearheading a national drive to rid our country of this parasitical invasion from the south. If not for Pearce, none of the several states that have enacted similar laws would have had the courage to attempt ridding their states of these parasites. Pearce is a national hero for this work he's done and La Ratzas hate him for it.