MINUTES OF PUBLIC MEETING OF THE
STATE OF ARIZONA
CITIZENS CLEAN ELECTIONS COMMISSION
August 13, 2002
A public meeting of the Citizens Clean Elections Commission was convened on
August 13, 2002, 9:30 a.m., at Citizens Clean Elections Commission, 4001 N. 3rd Street, Suite 200, Phoenix, Arizona 85012
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Members present:
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Chairperson Ruth S. Jones, Scottsdale
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Gene Lemon, Phoenix (Telephonic Conference Call)
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David Mckay, Flagstaff (Telephonic Conference Call)
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Ermila Jolley, Yuma
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Kathleen Detrick, Tucson
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Others Present:
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Colleen Connor, Executive Director
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Matthew Shaffer, Deputy Director
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Todd Lang, Assistant Attorney General
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Paula Ortiz, Executive Assistant
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Rebecca Hecksel, Campaign Finance Analyst
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Colleen McGee, Campaign Finance Assistant
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Dottie Eggleston, Fiscal Services Manager
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Cecilia Martinez, Executive Director, Clean Elections Institute
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Jessica Funkhouser, Secretary of State, State Election's Director
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Nancy Read, Secretary of State, Campaign Finance Supervisor
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Robert Simpson, Secretary of State, Elections Division
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Lee Miller, Attorney, Miller, LaSota and Peters
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Le Templar, Reporter, East Valley Tribune
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Troy Corder, Critical Public Relations (CPR)
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Emily Lines, Critical Public Relations (CPR)
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Ken Miller, Ken Miller 2002
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Bill Bertolino, Reporter, East Valley Tribune
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Cathi Herod, Observer
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Ann Eschinger, League of Women Voters
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Caleb Soptelean, Reporter, Desert Advocate Newspaper
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Daniel Burnette, Reporter, Arizona Capitol Times
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David Shapira, Observer
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Barbara Lubin, Clean Elections Institute
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Cynthia Bets Hasel, Foster Robberson for Attorney General
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Lisa Hasel, Foster Robberson for Attorney General
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Mary Gene Schoenbeck, Administrative Assistant
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- Chairperson Jones called the meeting to order at approximately 9:40 a.m.
- Approval of the July 30, 2002 minutes:
Commissioner McKay moved to approve the July 30, 2002 minutes as presented, seconded By Commissioner Detrick. Motion carried.
Announcement(s):
- On Thursday, August 8, 2002, the Supreme Court heard oral arguments in the May v. Bayless case.
- Executive Director Colleen Connor wrote an article for the Arizona State Law Journal, entitled "Raising Arizona: Strengthening Express Advoacy Regulation Through the Citizens Clean Elections Act." The article has been published in the Summer 2002 edition of the journal.
- To date, the Commission has distributed $4,428,925.21 to candidates.
- August 22, 2002 marks the end of the Qualifying period for all participating candidates.
- August 29, 2002 is the last day that a participating candidate can apply for funding.
Executive Director's Report:
Voter Education:
Enforcement:
- 15 complaints have been filed
- 8 complaints have been closed
- 6 complaints are on today's agenda for consideration
Budget & Office Operations:
- The fund has approximately $14 million
- To date, the Commission has refunded about $160,200 to lobbyists
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- Approval of Financial and Strategic Planning Information due to the Governor's Office of Strategic Planning and Budgeting (OSPB) By September 2, 2002.
Deputy Director Matt Shaffer reviewed the financial and strategic planning information to be submitted.
- Discussion and Consideration of General Election Candidate Statement Pamphlet.
Deputy Director Shaffer reviewed the timelines for the production of the 2002 Primary Election Candidate Statement pamphlet. He suggested that only the following changes be made for the 2002 General Election Candidate Statement pamphlet:
- Remove candidates who fail to make the general election ballot
- Modify campaign funding status
- Modify county recorder information, if necessary
Further discussion and a decision on the production of the 2002 General Election Candidate Statement Pamphlet will be determined in the August 27, 2002 Commission meeting.
- Consideration of Whether There is Reason to Believe Violations Occurred in the Following Enforcement Matters.
Executive Director Colleen Connor reviewed each matter under review (MUR) with the Commissioners.
- MUR #02-0007- Karen Johnson, a candidate for State Representative-District 18, allegedly violated the early contributions limit as reported in her July 1, 2002 campaign report.
Commissioner Lemon moved to accept Executive Director Connor's recommendation that there is reason to believe a violation has occurred, seconded by Commissioner Detrick. Motion carried.
- MUR #02-0008 - John Greene, a candidate for Attorney General allegedly violated the reporting requirements in the Citizens Clean Elections Act (Act).
Commissioner McKay moved to accept Executive Director Connor's recommendation that there is reason to believe a violation has occurred, seconded by Commissioner Jolley. motion carried.
- MUR #02-0009 - Scott Steingard, a candidate for State Legislature-District 8, allegedly violated reporting requirements in the Act.
Commissioner Jolley moved to accept the recommendation of Executive Director Connor that a violation has occurred, seconded by Commissioner McKay. Motion carried.
- MUR #02-0015 - Ken Miller, a candidate for State Legislature-District 7, allegedly violated reporting requirements in the Act.
Commissioner McKay moved to accept the recommendation of Executive Director Connor that a violation has occurred, seconded by Commissioner Detrick. Motion carried.
- MUR #02-0010 - Ken Cheuvront, a candidate for State Legislature-District 15, had three separate violations alleged. (1.) Reported a mailing in his officeholder expense account that didn't qualify as an officeholder expense. (2.) Failed to report expenditures for wood and rebar used on his campaign signs. (3.) Failed to report expenditures for professionally printed literature that was distributed door to door.
Commissioner Lemon moved to accept the recommendation of Executive Director Connor that a violation of the Officeholder Expense rule had occurred in the first violation. He also moved to accept Executive Director Connor's recommendation that no violations occurred on allegations two and three, seconded by Commissioner Detrick. Motion carried.
- MUR #02-0018 - Wes Marsh, a candidate for State Senate-District 7, allegedly failed to attend a Commission debate at the Paradise Valley Community College on August 7, 2002.
Commissioner McKay moved to accept the recommendation of Executive Director Connor that a violation has occurred seconded by Commissioner Jolley. Motion carried.
Commissioner Lemon moved that the Executive Director, Deputy Director, and Counsel to the Commission (Assistant Attorney General) be authorized to negotiate and execute a settlement agreement on each of the matters considered at the August 13, 2002 Commission meeting, on such terms as he or she deems desirable and appropriate, subject to final approval of the Commission, seconded by Commissioner Jolley. Motion carried.
- Legal Report from Assistant Attorney Todd Lang.
Assistant Attorney General Todd Lang reported that there is no additional litigation pending before the Commission at this time.
- Call for Public Comment:
Cecilia Martinez, Director, Clean Elections Institute
Ms. Martinez congratulated Assistant Attorney General Todd Lang and Attorney Tim Hogan on their oral arguments before the Supreme Court in the May v. Bayless case. She
stated to the Commission how important voter education was to the framers of the Clean
Elections Act and she complimented the staff on the production and distribution of the
Candidate Statement Pamphlet. She reminded the Commissioners that the debates are part
of voter's education and are mandatory for candidates to attend. Ms. Martinez's final
suggestion to the Commission was that they not wait too long and expedite decisions in
the alleged candidate violations presented to the Commission.
- Agenda Items for the Next Meeting:
- Candidate Statement Pamphlet
- Additional Enforcement Matters
- Accounting from 2 Candidates who were opposed and now unopposed.
- The next meeting:
Tuesday, August 27, 2002, at 9:30 a.m., Citizens Clean Elections Commission, 4001 N. 3rd Street, Suite 200, Phoenix, Arizona 85012.
- Adjournment:
Commissioner McKay to adjourn the Commission meeting, seconded by Commissioner Jolley. Motion carried.
Dated this 15th day of August, 2002
Citizens Clean Elections Commission
Submitted By:___________________________
Matthew Shaffer Deputy Director
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