Rep. Lashes out at CCEC: Commissioner says system improves elections

District 9 Rep. Rick Murphy (R-Glendale) received more votes than an incumbent to earn a seat in the Arizona House of Representatives, but he feels like he still has something to prove. While the campaign trail is over and he has an office at the State Capitol, Rep. Murphy is still defending how he ran his campaign after allegations submitted by his opponent to the Citizens Clean Elections Commission.

Rep. Murphy believes any review of his campaign financial reporting will prove him innocent but in the meantime, he is angry with how his case and others are being handled.

The clean elections system is designed to take power away from special interest groups and big campaign contributors and Commission Chairwoman Marcia Busching believes it is working, although it may need tweaking.

Rep. Murphy filed a response last week and hopes to get the charges dropped based on a flaw in how the complaint letters submitted by former Rep. Phil Hanson (R-Peoria) were notarized.

"I would rather, frankly, have it dismissed on the merits," he said. "But I'm so tired of messing with this and wasting my time and not having the ability to serve my constituents."

Rep. Murphy and District 6 Rep. Pamela Gorman (R-Anthem) have been vocal about their opposition to how the Commission is handling these complaints.

Rep. Gorman's primary opponent Clancy Jane filed a complaint that she did not provide enough detail about how her money was spent as state law requires.

The Clean Elections Commission authorized both investigations Feb. 10 after an independent investigator reported a "reason to believe" finding.

Accused legislators question why any complaint, especially from campaign foes, can evolve into a formal investigation announced to the public before wrongdoing is established.

Chair Busching said preliminary information warranted further review and they strive to be fair to all involved, noting "sometimes opponents are good sources of information and sometimes they're not."

"In order to maintain the integrity of the process and to encourage citizen participation, we have established that anyone can file a complaint. That's not to say that it's going to go anywhere," she said.

Rep. Murphy noted a handful of legislators under the Commission's eye, including Reps. Gorman, and David Burnell Smith (R-Cave Creek) and Sen. Ron Gould (R-Lake Havasu City), have similarities which raises questions in his mind.

"All four of us are freshman members. All four us are conservatives and all four of us took the place of someone less conservative than ourselves," he said. "Right now, they are conducting a persecution, not a prosecution."

Chair Busching calls the situation a "coincidence" denying any calculated plan by commissioners to target conservative lawmakers.

She said the Commission performs random audits and reviews complaints brought to its attention.

"We certainly do not go through with a fine-tooth comb on every candidate's report that is filed," she said.

Rep. Murphy noted he is okay with being held to high standards "as long as they hold every other candidate to the same standard," emphasizing other candidates who ran for higher seats reported campaign spending the same way he did.

"Are they going to generate an internal complaint against each and every one of those people? Because if they don't, then they are proving the bias that we claim," he said.

If found guilty of violations, legislators face monetary fines or removal from office. No deadline is set for investigations to be complete.

In 1998, voters approved establishing a five-member board to oversee a new campaign financing system that provides public funding to candidates for statewide offices, including legislative seats, governor, secretary of state, state treasurer, attorney general, superintendent of public instruction, corporation commissioner and mine inspector.

Campaign spending by nonparticipating candidates, who choose to fund campaigns with "traditional" donations, can benefit "clean" candidates who may receive a portion.

"It's helped improve the integrity of state government and it's encouraged citizen participation in the political process by getting people who wouldn't otherwise have the influence or the money to be able to run for office," Chair Busching said. "As a result of all that, during campaigns people can run more issues-oriented campaigns and they don't have to spend the time just raising money."

In an effort to create a panel free of political agendas, crafters of the clean elections system wanted five members without political experience. Rep. Murphy said people who have never run for office may not know how campaigns are run.

However, Chair Busching said it is "hogwash" that a person who has never run for an elected position cannot grasp how campaigns operate.

Rep. Murphy, who noted he ran "clean" because he could not compete with an incumbent in fundraising, believes without oversight by another institution, the clean elections system may be "irrevocably broken."

"The clean election system might be one of those things that sounds good in theory but there's more unintended consequences than it's worth," he said. "The system is designed to fail."

The Commission is eligible for state audits every four years and Chair Busching said the courts handle any appeals.

"We're certainly no more independent than any other branch of government," she said.

With the Clean Elections Commission and staff just finishing their third election cycle,

Chair Busching agrees some statutory changes are necessary. Candidate qualifying should be simplified, civil penalties should be strengthened and mudslinging in the voter education pamphlet may be prohibited, she said.

Mica Thomas Mulloy contributed to this story.

Arrowhead Ranch News Editor Jill Goodman can be reached at (623) 972-6101 or jgoodman@newszap.com.

Want more local stories?

Click here to go to our Archives. Type in a key word like the same of your town where it asks for "word one".  Then click "Start Search" to see other stories that have included your key word.

Blogs for & about local issues, groups, teams

Click here to go to our community blogs index page.  Have your say or just sit back to read opinions and observations from your neighbors about public issues, our schools, community groups and local sports teams!

Area organizations are on newszap.com

Click here to go to our Community Contacts pages.  Type in your town where it asks for a "city".  Then click "Search Now".

Want regional classified ads?

Click here to go to our regional Classified Ads.

All Rights Reserved - Independent Newspapers, Inc. - click here for INI info
Click here for reprint permission and for our policies about privacy, links and objectionable content