The state Supreme Court has granted review of the Court of Appeals decision in AZ State Democratic Party v. State of Arizona, minutes of the high court’s Feb. 8 conference show.

The case concerns about $100,000 in corporate and labor union contributions the state Democratic Party accepted prior to the 1998 election to help pay rent and other overhead costs. None of the money went to the promotion of candidates.

Oral argument will be heard, but hasn’t been scheduled. The parties have 30 days to file simultaneous supplemental briefs.

A trial court broadly interpreted ARS 16-919 in deciding that any contributions by corporations and labor unions are intended to influence the outcome of an election, and ordered the party to turn over a like amount of money to the Citizens Clean Elections fund. The Court of Appeals upheld the trial court ruling.

Questions in the case are as follows: “Did the Court of Appeals err in concluding, as a matter of law, that all monies contributed by a corporation or labor organization to a political party are for the purpose of influencing an election, within the meaning of ARS 16-919? Is a political party prohibited by ARS 16-919 from accepting contributions from a corporation or labor organization if the contribution is made for the purpose of influencing an election?”

The Sept. 30, 2004, Court of Appeals opinion was 2-1, with Presiding Judge Daniel A. Barker and Judge William F. Garbarino forming the majority; Judge Ann A. Scott Timmer dissented. The opinion is found at http://www.-cofad1.state.az.us/opinionfiles/CV/CV020180.pdf. —