PHOENIX — Arizona has asked a court to block the Citizens Clean Elections Commission from enforcing certain laws that regulate how much candidates and others can spend on campaigns and what has to be disclosed.
An attorney for the state, Tim Berg, told Court of Appeals judges Wednesday that the Republican-controlled Legislature was within its power in 2016 when it created exceptions to campaign finance laws.
He said the changes were not directly part of the Clean Elections Act voters enacted in 1998.
But commission attorney Joseph Roth said the 2016 alterations violated the Voter Protection Act, which bars legislators from tinkering with laws voters enacted. He said the Legislature unconstitutionally undermined the intent of the 1998 Clean Elections Act, which was designed to reduce the influence of money on politics.
The appellate judges gave no indication when they will rule.
One of the changes legislators made in 2016 allows supporters to effectively provide unlimited amounts of money to get candidates elected without having to disclose who they are. The 2016 law was championed by then-House Speaker J.D. Mesnard, R-Chandler.
He said existing laws interfered with the rights of free speech and people to participate in the political process with their dollars without giving up their right of privacy. It was approved on a largely party-line vote and signed into law by Republican Gov. Doug Ducey.
The flip side of that, according to supporters of the Clean Elections Act, is that a decrease in disclosure requirements denies voters an indication of who is spending money to influence campaigns. They said voters in 1998 gave broad powers to the Citizens Clean Elections Commission to police campaign contributions.
The 1998 law set up a voluntary system of public financing for statewide and legislative candidates who agree not to take money from special interests. It also imposed other limits on spending, both by candidates and supporters, and on disclosure requirements for those who spend money to influence races.
It is overseen by a five-member bipartisan commission.
Berg argued to the court that the commission’s power extends only to candidates who run with public financing.
Roth disagreed, saying what voters approved gave the commission authority to police spending by all candidates.
Photos: Pima Canyon trail in the Santa Catalina Mountains
Pima Canyon Trail
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Patrick Knoth, of Green Vally, enjoys the hike along the Pima Canyon Trail on March 13, 2018, in Tucson, Ariz. The trailhead is at 1610 E. Magee Road.
Pima Canyon Trail
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Views along the Pima Canyon Trail on March 13, 2018, in Tucson, Ariz. The trailhead is at 1610 E. Magee Road.
Pima Canyon Trail
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A marker for the Pima Canyon Trail on March 13, 2018, in Tucson, Ariz. The trailhead is at 1610 E. Magee Road.
Pima Canyon Trail
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A stoic saguaro cactus along the Pima Canyon Trail on March 13, 2018, in Tucson, Ariz. The trailhead is at 1610 E. Magee Road.
Pima Canyon Trail
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Hikers created this rock cairn along the Pima Canyon Trail on March 13, 2018, in Tucson, Ariz. The trailhead is at 1610 E. Magee Road.
Pima Canyon Trail
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Views along the Pima Canyon Trail on March 13, 2018, in Tucson, Ariz. The trailhead is at 1610 E. Magee Road.
Pima Canyon Trail
Updated
Views along the Pima Canyon Trail on March 13, 2018, in Tucson, Ariz. The trailhead is at 1610 E. Magee Road.
Pima Canyon Trail
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Views from the Pima Canyon Trail looking southwest on March 13, 2018, in Tucson, Ariz. The trailhead is at 1610 E. Magee Road.
Pima Canyon Trail
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Views along the Pima Canyon Trail looking south on March 13, 2018, in Tucson, Ariz. The trailhead is at 1610 E. Magee Road.
Pima Canyon Trail
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Stacks of saguaros along the Pima Canyon Trail on March 13, 2018, in Tucson, Ariz. The trailhead is at 1610 E. Magee Road.
Pima Canyon Trail
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The Tucson Mormon Temple as viewed from the Pima Canyon Trail on March 13, 2018, in Tucson, Ariz. The trailhead is at 1610 E. Magee Road.
Pima Canyon Trail in Santa Catalina Mountains
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Pima Canyon Trail in 2012.
Pima Canyon Trail in Santa Catalina Mountains
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One of the nearly completed luxury homes that caught fire and burned late Monday night in an aerial photo Tuesday, June 12th, 2001 burned to the foundation. Four homes in Pima Canyon Estates were set ablaze. Damage was at least $2 million. The initials CSP, which stand for Coalition to Save the Preserves, were found painted at the fire scenes and similar fires in the Phoenix area from 1998-2001..
Pima Canyon Trail in Santa Catalina Mountains
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These two under-construction luxury homes that were set afire are near the Pima Canyon trailhead on June 11, 2001. Four homes in Pima Canyon Estates were set ablaze. Damage was at least $2 million. The initials CSP, which stand for Coalition to Save the Preserves, were found painted at the fire scenes and similar fires in the Phoenix area from 1998-2001..
Pima Canyon Trail in Santa Catalina Mountains
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The Catalina Mountains provide a backdrop for the foothills where up to five luxury homes caught fire and burned late on June 11, 2001. Four homes in Pima Canyon Estates were set ablaze. Damage was at least $2 million. The initials CSP, which stand for Coalition to Save the Preserves, were found painted at the fire scenes and similar fires in the Phoenix area from 1998-2001..
Pima Canyon Trail in Santa Catalina Mountains
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Light snow tops the Santa Catalina Mountains near the Pima Canyon trailhead in February, 2012.
Pima Canyon Trail in Santa Catalina Mountains
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Snow blankets the upper reaches of Pima Canyon in the Santa Catalina Mountains. Photo taken from Village Ave. near Magee Road on Saturday, Jan. 23, 2010.
Pima Canyon Trail in Santa Catalina Mountains
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As Jack Hanna releases the hatch at right, three of the 14 bighorn sheep dart into the desert as they're released into the Santa Catalina mountains on Thursday, Nov. 20, 2014, near Pima Canyon in Tucson, Ariz. Three rams and 11 ewes were released just after dawn.
Pima Canyon
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The Bighorn Fire consumes thick vegetation in crags above Pima Canyon within the Santa Catalina Mountains in Coronado National Forest north of Tucson on June 9, 2020.
Pima Canyon Trail
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A sign at the entrance to the Pima Canyon Trail warns hikers of dangers after the Bighorn Fire damages hiking areas on September 30, 2020.
Pima Canyon Trail
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Clouds clearing above Pima Canyon in the Santa Catalina Mountains reveal snow on March 13, 2021.



