Judge denies Horne's request to halt Arpaio ads

Maricopa County Sheriff Joe Arpaio (File photo)

A judge ruled that Maricopa County Sheriff Joe Arpaio can continue running campaign ads that attack attorney general candidate Tom Horne.

Maricopa County Superior Court Judge John Buttrick ruled that state campaign finance laws and Arizona Supreme Court precedent do not permit the injunction that Horne sought against Arpaio.

Horne argued that the ads, which promote Arpaio’s 2012 reelection but criticize Horne, violate laws that limit candidates’ contributions to other campaigns and contributions to Clean Elections candidates such as Horne’s GOP primary opponent.

“Like the Supreme Court … this court will not read a remedy into the election statutes that the Legislature presumably intentionally decided to omit,” Buttrick wrote, adding in a footnote that this was especially true in cases where an injunction would directly burden candidates’ free speech rights.

Horne’s request came after Arpaio ran a campaign ad attacking Horne and interim County Attorney Rick Romley, both of whom are running against allies of the sheriff. Horne, who has served as state superintendent since 2003, is running against former County Attorney Andrew Thomas in the Republican primary.

“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.

Arpaio attorney Tim Casey said the ad, and a previous ad that attacked only Romley, was intended only to defend the sheriff from allegations by the two candidates. He said the ads were meant only to promote Arpaio’s 2012 reelection, not influence the 2010 races for attorney general or county attorney.

The Arizona Secretary of State’s Office said it is investigating the ad, though Horne has not filed a complaint with the office. County election officials are investigating the previous ad as well in response to a complaint from Romley.