Smith removed from office

The Arizona Supreme Court removed Rep. David Burnell Smith from office Thursday, making him the first legislator in the nation to be sacked for breaking state public campaign finance laws.

The court delivered the final blow after a nearly yearlong legal battle, affirming lower court rulings that Smith failed to properly appeal an order from the Citizens Clean Elections Commission to leave office.

The Supreme Court also denied Smith’s request for a stay that would have allowed the freshman Republican from Carefree to continue serving his two-year term, which was just past its midpoint.

“We’re pleased with the decision of the court and we felt all along that we had a good case,” said Andrea Esquer, spokeswoman for the state attorney general’s office, which represented the commission in court.

Smith, a fiery 64-year-old lawyer, argued that he didn’t violate Clean Elections laws and that the commission lacked authority to remove him.

The Court of Appeals ruled earlier this month that the commission indeed was empowered to remove him.

“Smith had his day in court and the Supreme Court agrees with the trial court and he should now leave office,” said Todd Lang, executive director of the Citizens Clean Elections Commission.

Smith, who participated in House matters throughout the day Thursday, could not be reached for comment after the court issued the ruling about 4 p.m.

Messages left at his Capitol office and his law office went unreturned.

His final court stay, issued by the Court of Appeals, expired at 11:59 p.m. Thursday, meaning Smith became an ordinary resident at midnight.

Earlier in the week, Smith said he would consider taking the case to the U.S. Supreme Court if the state Supreme Court ruled against him.

Gov. Janet Napolitano, a Democrat, had no comment about Smith’s removal. “It’s just not an issue she’s focusing on,” said her spokeswoman Jeanine L’Ecuyer.

The Supreme Court’s ruling underscored the commission’s ability to enforce public campaign finance laws, said Barbara Lubin, executive director of the independent Clean Elections Institute, which seeks to protect public financing.

“What we were always concerned about was the integrity of the Clean Elections Law and that someone could not overspend by a large amount and be able to hold office,” Lubin said.

“Otherwise, this would have just opened up the door for people to overspend in future elections and have an unfair advantage over their opponents,” she said.

The commission, created by voter approval in 1998, is widely seen as a national model for campaign finance reform. It gives state candidates public funding with the intention of removing the influence of special-interest groups.

Last year, the commission found that Smith overspent his limit by about $6,000 during the 2004 Republican primary. It ordered him to forfeit office, refund $34,625 in public funding and pay a $10,000 civil fine.

Now a replacement must be found.

Nancy Barto, a Republican who serves as precinct committee chairwoman in District 7, has asked committeemen in Smith’s home turf to reserve Wednesday night for a special election to name three possible replacements. The Maricopa County Board of Supervisors will then make the final choice.

District 7 includes Carefree, Cave Creek and parts of Scottsdale and Phoenix. At least four possible replacements, including Smith himself, have said publicly they want the job.

Finding a replacement

David Burnell Smith was removed from office Thursday for violating public campaign finance laws during his 2004 primary campaign. How his successor will be determined:

1 Secretary of State Jan Brewer will formally notify Arizona Republican Party chairman Matt Salmon of the vacancy.

2 Within three days of formal notification, Salmon, or a designee, will give written notice of a special meeting of District 7’s precinct committeemen.

3 Within five days of Brewer’s notification, at least 50 percent of the district’s elected precinct committeemen, or their proxies, will gather for the special meeting.

4 The committeemen will select by majority vote three qualified nominees from the district. Smith said he intends to run to replace himself.

5 Salmon will forward the names of the three nominees to the Maricopa County Board of Supervisors, which will appoint one of them as Smith’s successor.

NOTE: If the precinct committeemen fail to name three nominees in a timely manner, the Board of Supervisors will appoint a citizens panel to name them.