NEWS & ANALYSIS

Rep. Smith Defends House Seat against Removal Attempt

December 8, 2005

State Rep. David Smith (R-D7) on Thursday afternoon defended himself from an attempt by the Clean Elections Commission and the state attorney general to remove him from office for alleged campaign spending violations. Smith answered questions from Ted Simonds on a KTAR Radio program in Phoenix.

Smith is a first-year state legislative elected in 2004 when he ran as a publicly-funded Clean Elections candidate. The Clean Elections Commission and Attorney General Terry Goddard have recommended he be removed from office for overspending. Maricopa County Superior Court Judge Mark Aceto agreed with them earlier this week. But Smith isn't going down without a fight and is expected to appeal the court setback. He would be the first American state legislator ever removed without a recall effort or impeachment.

"The story is quite simple," Smith began. "We made some financial errors in the filing of our first report. Some money was overspent, some contributions were not reported and we overpaid a vendor."

Smith said he first brought the attention of the problems to the attention of the Clean Elections Commission in order to comply with regulations.

"The fact is that Clean Elections and their investigator never would look at my completed records compiled by my accountant," Smith said. "They didn't accept his report -- and he was once selected legislator of the year for the country. The books show I did not overspend."

Smith, a pro-life conservative, says he is the target of liberal Governor Janet Napolitano, liberal Attorney General Goddard, Planned Parenthood and Barbara Lubin of Clean Elections. In the past, Smith has also pointed out that Democrats in similar situations as his own were not treated in the same heavy-handed way as he has been. A former member of the Clean Elections Commission quit and accused the organization of a bias in its investigations of Republican candidates. The commission and the attorney general are trying to overturn the popular election of an elected official.

"It's a political issue," Smith said. "I'm an easy target. I went to them and admitted a mistake, but the train went down the tracks and I couldn't stop it. I believe we are right and the Court of Appeals will remand this to the judge and we'll win."

Smith said that leaders in the Arizona House of Representatives, including Speaker Jim Weiers and Majority Leader Steve Tully, continue to support him.

"It's my battle  against Clean Elections, and it's monumental," Smith said. "If I lose this, every single candidate can be vulnerable."

Lubin followed the Smith interview on KTAR. She said Smith doesn't believe the law applies to him, that the law needs to be enforced and that Rep. Smith is delaying the legal process.