Horne seeks injunction against Arpaio ads; SOS investigating

Tom Horne

Tom Horne wants a judge to bar Maricopa County Sheriff Joe Arpaio from attacking him in campaign ads, and the Arizona Secretary of State’s Office is investigating the television commercial that sparked the case.

Maricopa County Superior Court Judge John Buttrick heard oral arguments Aug. 10 on Horne’s request for an injunction that would prohibit Arpaio from attacking him in campaign ads.

Arpaio’s next reelection bid is more than two years away, but in a recent campaign ad he attacked Horne, who is running against former County Attorney Andrew Thomas, a close ally of the sheriff, in the GOP primary for attorney general.

Tim Casey, an attorney for Arpaio’s campaign, said he expects a ruling by Aug. 11.

The televised ad, run by the sheriff’s reelection campaign, accuses Horne of supporting amnesty for illegal immigrants. It also attacks interim County Attorney Rick Romley, a longtime nemesis of Arpaio. Maricopa County elections officials are also investigating another Arpaio ad in response to a complaint from Romley, who is running against Arpaio ally Bill Montgomery in the Republican primary.

Casey argued that the ads are not independent expenditures, and that the sheriff has a right to defend himself against attacks by Horne and Romley. He said there has been no coordination between Thomas’ campaign and Arpaio, though both use similar language when criticizing Horne for what they say is his support for amnesty.

“It’s not an independent expenditure. You have to expressly advocate for the election or defeat of a candidate,” Casey said. “Why is Tom Horne trying to gather votes by bashing Arpaio? Arpaio has the right, in the middle of his election cycle, which runs in a four-year term, to defend himself from candidates who attack his policies.”

Horne has made allegations that Thomas abused his power in a wide-ranging case against county supervisors, judges and attorneys. Arpaio, who was heavily involved in the case, has faced the same allegations. Horne, however, told the Yellow Sheet Report – a sister publication of the Arizona Capitol Times – that he is a supporter of the sheriff and is opposed to amnesty.

“(Arpaio) is running ads on it, and it is not true,” Horne said. “I’m asking the court to get him to stop, because contributions to his campaign shouldn’t be used for Andrew Thomas’s campaign.”

The Secretary of State’s Office is also investigating the ad, though no complaint has been filed by Horne, according to spokesman Matt Benson.

“We have not yet received a complaint. However, we are proactively looking into the issue and we’ll send a letter to the Arpaio campaign seeking basically a response to some of the issues raised in this ad. This is similar to the inquiry that Maricopa County has been undergoing,” Benson said.

Benson said the letter would likely be sent to Arpaio by Aug. 11.

Both Thomas’s campaign and Arpaio’s ad accuse Horne, who has served as superintendent of public instruction, of supporting amnesty for illegal immigrants.

“Tom Horne favors amnesty for illegal immigrants, which would cost taxpayers billions, and falsely and unethically accused the sheriff of political retaliation,” the ad said, echoing accusations from Thomas’ campaign.

If investigators determine that Arpaio’s ad was an independent expenditure, his campaign could be fined three times the cost of the ad, according to state elections director Amy Bjelland.