Tom Horne Elections Law Case Referred to Yavapai County Attorney Sheila Polk

horne2.jpg
Horne's fate is in Sheila Polk's hands, for the time being . . .

Allegations of campaign-finance violations involving Arizona Attorney General Tom Horne and his outreach director, Kathleen Winn, are now in the hands of Yavapai County Attorney Sheila Polk after being referred to Polk's office by state Solicitor General Robert Ellman.

Last week, Arizona Secretary of State Ken Bennett sent a letter to Ellman's office, advising him that Bennett had found "reasonable cause" to believe that Horne and Winn coordinated during the 2010 general election.

At that time, Winn was running an independent expenditure committee that supported Horne's candidacy against Democrat Felecia Rotellini. Such coordination would be illegal under Arizona law and could trigger a civil penalty of three times the amount raised by Winn.

See Also:
Tom Horne's Alleged Mistress Carmen Chenal Resigns Post as Assistant Attorney General
Bill Montgomery Screwed Up Tom Horne Complaint, Second Judge Rules
Arizona AG Tom Horne's Sex Scandal Scuttles Gubernatorial Bid

As Ellman reports to Horne, and since Horne has an obvious conflict of interest, Ellman has referred the case to Yavapai County Attorney Sheila Polk, appointing her a Special Arizona Attorney General and promising to pick up the tab for the legal expenses.

"In discharging your duties pursuant to this appointment," Ellman wrote her on June 27, "you shall in no way be subject to the direction of the attorney general or me."

Horne spokeswoman Stephanie Grisham contended via e-mail that Horne, Winn, and their immediate staff had been "shut out from any discussion regarding the placement of this matter."

Ellman acted as Horne's "designee" during the process, she said. And the AG's staff members have been instructed not to discuss the case with Horne or Winn to avoid a further conflict or the "appearance of impropriety."

Polk's will be the second county attorney's office and the third prosecutor's office to look into the Horne-Winn affair.

An FBI probe into Horne's office, prompted by whistleblower Meg Hinchey, uncovered allegations of tampering with witnesses, obstruction of justice, violations of state campaign finance laws, and the now-notorious vehicular hit-and-run, which Horne recently pleaded no contest to, paying a fine of $300.

The U.S. Attorney's Office did not bring federal charges on the more serious allegations, and instead handed the ball to Maricopa County Attorney Bill Montgomery, whose investigators had been brought into the case by the FBI.

Montgomery declined to file criminal charges and forwarded the case file to Bennett, who in turn sent it back to Monty with a probable-cause letter. Montgomery sent the case to an administrative law judge, who ultimately suggested that the case be dismissed, because Bennett should have sent the case to the AG's Office.


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10 comments
Dontbelieveit
Dontbelieveit

Arizona ........Arizona .........................What a cesspool of politics you've become ...........Is there anyway to flush this shit out of here?

MaskedMagician1967
MaskedMagician1967 topcommenter

So to recap:

MontyPug fucks up the complaint against Horne twice and believes the statute to be unconstitutional.

The U.S. Attorney's Office, the same office that declined to indict Arpaio and Thomas, also declines to indict Horne.

So now Yavapai CA Sheila Polk is left to resolve this case. I wonder what she'll find against Horne and what punishment she'll inflict on him?

wtf....
wtf....

WTF..... ??? 

To recap: 

So it's now in the hands of Yavapai County after being sent by state Solicitor General Robert Ellman and Polk's will be the second county attorney's office and the third prosecutor's office to look into the Horne case, after the FBI looked into the case and referred to The U.S. Attorney's Office whom  instead handed the ball to Maricopa County Attorney Bill Montgomery Montgomery declined to file criminal charges and forwarded the case file to Bennett, who in turn sent it back to Monty. Montgomery sent the case to an administrative law judge, who suggested that the case should have been sent  to the AG's Office.


Did i get that righ???? What a mess!!!

arizonaeagletarian
arizonaeagletarian

The recently passed HB2305 (Voter Suppression Act) included the provision allowing the Secretary of State to bypass Horne's office altogether. As Lemons' write up indicates, that is not effective until September. However, because it is subject to the referendum effort started last week, that law may not go into effect in September -- if (when) the 86,405 (or more) valid signatures are filed demanding the voters be allowed to decide the question.

shadeaux14
shadeaux14 topcommenter

@wtf.... And this is the Cluster Fuck that the republican controlled Arizona Govt. has become.

arizonaeagletarian
arizonaeagletarian

@JohnQ.Public @stephen.lemons @arizonaeagletarian  

The bill contains a clause making this provision retroactive to 2012.

Sec. 18. Retroactive applicability Section 16-924, Arizona Revised Statutes, as amended by this act, is applicable to reasonable cause findings made from and after July 31, 2012.

JohnQ.Public
JohnQ.Public

@stephen.lemons @arizonaeagletarian Even if the law does go into effect though, Stephen, I'm not sure that they can apply it to a matter that allegedly occurred prior to the effective date of the legislation, which may be another reason that they are proceeding now. Regardless, I'm glad to hear that this matter is going to continue to be reviewed and, hopefully, prosecuted in a manner that won't be kicked by the court for procedural reasons.

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