Pearce Recall Update: Secretary of State opens an investigation

Posted by AzBlueMeanie:

Following up on the legal issues I raised in yesterday's post, Pearce Recall Update: 'Sham' Candidacy Exposed, But Will the Court Act?, the media today reports that Arizona Secretary of State Ken Bennett has opened an investigation into those unlawful campaign signs for Olivia Cortes (now removed by the City of Mesa), and is sleuthing to find out who is unlawfully paying her campaign expenses without her consent or acting as an independent expenditure committee without being registered and filing financial disclosure reports.

The Arizona Capitol Times (subscription required) reports SOS investigates pro-Cortes signs; Mesa removes them:

The Arizona Secretary of State’s Office is investigating the mystery involving who posted the signs supporting the candidacy of Mesa recall candidate Olivia Cortes.

And Mesa officials today removed the signs, which contain the slogan “Si, se puede,” based on Cortes’ testimony on Thursday that revealed she doesn’t own them or know who put them up.

* * *

Since the signs aren’t owned by Cortes, they’re violating a state law that says they should have contained a “paid for by” disclosure, Chan said.

Chan added if a political committee other than Cortes’ campaign paid for those signs, that committee is required to report the spending.

“Theoretically, whoever paid for these — that will be in their report, and that’s required,” she said.

* * *

But a bigger trouble potentially awaits whoever paid circulators who gathered the signatures that helped Cortes to qualify for the ballot.

The payment won’t likely be considered an independent expenditure since paying for nominating signatures has directly benefited Cortes by putting her on the ballot.

But if it’s a contribution to Cortes’ campaign, it is subject to limits.

Individual contributions, for example, are capped at $424 for legislative races.

This means if the amount that was spent to pay for the signatures surpassed the limit, then it violates campaign finance laws, and the unknown donor — or donors — could face a civil fine of three times the amount in question.

Cortes could be on the hook as well.

Howard Fischer adds, State election officials launch investigation into Cortes signs – East Valley Tribune:

Bennett said his staffers will begin some sleuthing of their own.

He said they will peruse the campaign finance reports of other candidates to see who they have paid to print and erect their signs. Bennett said calls will be made to all of those companies to find out who printed the signs with Cortes' name, a quote attributed to her saying, "I will represent the PEOPLE," and the saying "Si, se puede," which originated with the United Farm Workers and loosely translates as "Yes, it is possible."

The penalty for violating the sign-disclosure law is a fine of three times the amount spent.

Bennett said, though, his office has no independent powers to penalize those who violate the sign-disclosure law. Instead, anything he finds has to be referred to the Attorney General's Office.

Riiight, Just like Tom "banned for life by the SEC" Horne is investigating Olivia Cortes for being a "sham" candidate under A.R.S. 16-1006, which makes it a class five felony to "defraud an elector by deceiving and causing him to vote for a different person for an office or for a measure than he intended or desired to vote for." It's also a violation of the Arizona Constitution, and there is a 1959 Arizona Supreme Court ruling, Griffin vs. Buzard, which backs up the contention that running a diversionary candidate falls foul of the law. (h/t Phoenix New Times).

There may actually be two violations occurring.

State law does allow groups to spend money on behalf of candidates without their consent.

But these "independent expenditure" committees first have to register with the Secretary of State's Office. And Bennett said there is no record of any committee forming to aid Cortes.

Who is the "invisible hand" behind the Cortes campaign? Stepehen Lemons suggests it is right-wing political operative Constantin Querard. Russell Pearce's Tea Party on Trial: Olivia Cortes Plays "Useful Idiot" – Phoenix New Times:

Querard's name hung over the proceedings like some malevolent spirit out of the Old Testament. When Ryan at one point gave "Beelzebub and Mephistopheles" their due, everyone knew whom he was talking about. 

The day before, Channel 12's Brahm Resnik had revealed a private Facebook message sent earlier in the year by Querard, seeking shill candidates for the recall ballot. Querard told Channel 12 that he was trying to get Democrats to run. However, he also admitted that he is helping Pearce's candidacy.

Finally, Laurie Roberts of the Arizona Republic recaps Thursday's hearing in her opinion today Is the ploy in the Pearce recall the patriotic way?, in which she concludes:

I have no idea whether Judge Edward Burke will toss Cortes off the ballot on Monday. I'm not sure it even matters.

Whichever way it goes, we've learned a great deal about the East Valley Tea Party "patriots" and about Russell Pearce, president of the Arizona Senate.

In fact, I believe we witnessed this week the beginning of the end of Pearce's political chokehold on this state.

From your lips to God's ears, Laurie.

UPDATE: Better late than never, I guess. The Arizona Daily Star weighs in with an editorial opinion on Sunday. Cortes is ignorant – and might be a dupe for Pearce:

It's a fact that state Senate candidate Olivia Cortes is ignorant about nearly everything involving her campaign.

Whether she's also an illegal, sham candidate is up to a judge to decide.

No matter how it turns out, the Mesa Republican's candidacy is political skullduggery.