Pacion v. Thomas

236 P.3d 395, 225 Ariz. 168, 2010 Ariz. LEXIS 32
CourtArizona Supreme Court
DecidedAugust 2, 2010
DocketCV-10-0179-AP/EL
StatusPublished
Cited by5 cases

This text of 236 P.3d 395 (Pacion v. Thomas) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pacion v. Thomas, 236 P.3d 395, 225 Ariz. 168, 2010 Ariz. LEXIS 32 (Ark. 2010).

Opinion

OPINION

HURWITZ, Vice Chief Justice.

¶ 1 The issue in these consolidated cases is whether signatures obtained on nomination petitions before the formation of a candidate’s campaign committee pursuant to A.R.S. § 16-903(A) (2006) must be stricken. We issued an order on June 28, 2010, affirming the judgment of the superior court with an opinion to follow. This is that opinion.

I.

¶ 2 John Huppenthal is a Republican candidate for Superintendent of Public Instruction. Bob Thomas is a Republican candidate for State Senator in Legislative District 15. Huppenthal and Thomas (the “Candidates”) each submitted nominating petitions with the requisite number of signatures. Each collected all signatures after creating an exploratory committee in accordance with AR.S. § 16 — 903(B) but before creating a campaign committee pursuant to § 16-903(A).

¶3 Separate special actions were filed in the superior court seeking to enjoin the *169 placement of the Candidates’ names on the primary ballot. The plaintiffs’ (collectively the “Contestants”) only contention was that, by collecting signatures before forming a campaign committee, the Candidates had violated § 16-903(A). The Contestants conceded that the nominating petitions contained sufficient valid signatures to qualify the Candidates for the primary ballot.

¶ 4 The superior court consolidated the two special actions and denied relief. The judge found that the Candidates had violated § 16-903(A), but held that the disqualification of signatures on them nominating petitions was not the appropriate remedy. Rather, the court held that the sole consequence for such a violation was the civil penalty prescribed by A.R.S. §§ 16-903(G) and 16-924 (2006).

¶ 5 The Contestants appealed and Huppen-thal cross-appealed. We have jurisdiction under A.R.S. § 16-351(A) (2006) and Article 6, Section 5(3) of the Arizona Constitution.

II.

A.

¶ 6 Title 16, Chapter 6, Arizona Revised Statutes (A.R.S. §§ 16-901 to 16-961), is entitled “Campaign Contributions and Expenses” and contains a comprehensive statutory scheme governing election campaign finance. Most relevant to today’s inquiry are two provisions in Article 1 of Chapter 6 requiring formation of political committees by those making campaign expenditures or receiving contributions, A.R.S. §§ 16-903(A) and (B).

¶ 7 A “candidate” is defined as “an individual who receives or gives consent for receipt of a contribution for his nomination for or election to any office in this state.” A.R.S. § 16-901(2) (2006). A candidate is required to form a campaign committee “before making any expenditures, accepting any contributions, distributing any campaign literature or circulating any petitions.” A.R.S. § 16-903(A). Section 16-903(B) requires an “individual” to form an exploratory committee “before making any expenditures, accepting any contributions or distributing any campaign literature.” The term “individual” is not separately defined, but in context refers to a subset of persons who do not meet the statutory definition of a candidate.

¶ 8 The Contestants claim that circulating nominating petitions before the formation of a campaign committee violates § 16-903(A). The Candidates claim that, because it does not mention circulating petitions, § 16-903(B) does not proscribe such activity after formation of an exploratory committee by an individual who has not yet become a candidate.

¶ 9 We need not resolve this dispute today. We assume, without deciding, that the Contestants violated § 16-903(A) by circulating nominating petitions before forming campaign committees. But, like the superior court, we conclude that the exclusive remedy for such a violation is the civil penalty provided in the campaign finance statutes.

B.

¶ 10 When the secretary of state “has reasonable cause to believe” that a candidate for statewide office or the legislature is violating “any provision of [Title 16, Chapter 6, Article 1],” he must “notify the attorney general.” A.R.S. § 16-924(A). The attorney general then “may serve on the person an order requiring compliance with that provision.” Id. The alleged violator has twenty days to comply with the order or request an administrative hearing. Id. Absent compliance or appeal, the attorney general “shall issue an order assessing a civil penalty of not more than one thousand dollars.” A.R.S. § 16-924(B).

¶ 11 In turn, § 16-903(G) provides:

A person who violates this section [§ 16-903] is subject to a civil penalty imposed as prescribed in § 16-924 of up to three times the amount of money that has been received, expended or promised in violation of this section or up to three times the value in money for an equivalent of money or other things of value that have been received, expended or promised in violation of this section.

Chapter 6 contains no provision authorizing a court to strike signatures obtained before formation of a campaign committee. In eon- *170 trast, A.R.S. § 19-114(B) (Supp.2010), which governs initiatives and referenda, expressly provides that signatures obtained “prior to the filing of the committee’s statement of organization ... are void and shall not be counted in determining the legal sufficiency of the petition.”

¶ 12 Election contests “are purely statutory and dependent upon statutory provisions for their conduct.” Van Arsdell v. Shumway, 165 Ariz. 289, 291, 798 P.2d 1298, 1300 (1990) (quoting Donaghey v. Att’y Gen., 120 Ariz. 93, 95, 584 P.2d 557, 559 (1978)) (internal quotation marks omitted). The legislature expressly chose in § 19-114(B) to disqualify signatures on initiative and referendum petitions obtained before formation of a political committee, yet provided only a civil penalty for violations of the campaign finance statutes governing candidates, including § 16-903(A). We decline to infer a statutory remedy into the campaign finance statutes that the legislature eschewed.

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Cite This Page — Counsel Stack

Bluebook (online)
236 P.3d 395, 225 Ariz. 168, 2010 Ariz. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pacion-v-thomas-ariz-2010.