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Defeated District 8 Candidate Accuses Rep. Rosati Of Clean Elections Violations

Arizona Capitol Reports Staff//September 17, 2004//[read_meter]

Defeated District 8 Candidate Accuses Rep. Rosati Of Clean Elections Violations

Arizona Capitol Reports Staff//September 17, 2004//[read_meter]

The activities of a conservative political consultant have figured into allegations that Rep. Colette Rosati has violated the state Clean Elections Act in several instances.

Ann Flora, wife and campaign treasurer for former House District 8 candidate Royce Flora, filed a complaint with the Citizens Clean Elections Commission on Sept. 10. As of the Arizona Capitol Times deadline on Sept. 16, Ms. Rosati had not yet responded to the complaint. She could not be reached for comment when the Arizona Capitol Times went to press Sept. 16.

In the complaint, Mrs. Flora said that Ms. Rosati has violated ARS 16-168(E) because she “conspired” with consultant Constantin Querard to “hijack … early ballot requests and benefited from Querard’s illegal activities.”

Maricopa County Superior Court Judge Mark W. Armstrong on Sept. 1 ruled that Mr. Querard violated state law by collecting and holding onto more than 14,000 early ballot requests in closely contested primary races, including District 8, in which both Mr. Flora and Ms. Rosati ran. Mr. Flora lost but Ms. Rosati, an incumbent, won to advance to the general election. Ms. Rosati had 9,199 votes to Mr. Flora’s 7,186. Incumbent Republican Michele Reagan was the big winner in the district with 13,890 votes.

Judge Armstrong also ruled that Mr. Querard misled voters into thinking that his solicitations to get early ballots came from the Republican Party. Mr. Querard said he solicited the early ballot requests so that he could mine voter data from those that were returned to him so he could sell the information to candidates.

The Maricopa County Republican Party brought a lawsuit against Mr. Querard, and succeeded in persuading the court to stop the Ahwatukee consultant from selling or otherwise distributing the voter information he collected from the requests. The court also ordered Mr. Querard to submit all early ballot requests to the Maricopa County Recorder’s Office.

In her complaint to the Clean Elections Commission, Mrs. Flora said that, as an “accessory” to Mr. Querard’s activities, Ms. Rosati used voter registration information for a commercial purpose in violation of ARS 39-121.03. That statute requires anyone to disclose if he or she plans to use public records for a commercial purpose.

Mrs. Flora also alleges that Ms. Rosati has failed to properly manage her campaign account and has violated limits on spending and contributions for publicly funded candidates. On the campaign account issue, Mrs. Flora said Ms. Rosati reimbursed herself and others for more than $1,300 for expenses that should have been listed as being paid directly to the suppliers of goods and services. On the issue of alleged spending-limit violations, Mrs. Flora said Ms. Rosati spent nearly $6,000 on one mailing of 15,000 color brochures but then reported a total of eight more mailings for about $40,000.

“How did Rosati mail out eight more expensive pieces for $39,982.48 and pay the other expenses of her campaign?” Mrs. Flora asked in her complaint. Ms. Rosati listed $41,582.84 in campaign funding through Aug. 18, the most recent campaign finance reporting period. —

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