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Investigator: Rep. Rosati Violated Campaign Finance Law; Recommends $20,000 Fine

Arizona Capitol Reports Staff//May 9, 2005//[read_meter]

Investigator: Rep. Rosati Violated Campaign Finance Law; Recommends $20,000 Fine

Arizona Capitol Reports Staff//May 9, 2005//[read_meter]

A state investigator has concluded that a state legislator violated campaign finance laws and recommended that a commission impose penalties totaling $20,000.

Gene Lemon, a Citizens Clean Elections Commission investigator, said May 6 Rep. Colette Rosati, R-8, violated state law by receiving early voter data from campaign operative Constantin Querard at a discounted price that amounted to an improper private contribution to her publicly financed 2004 campaign.

Mr. Lemon also said the Scottsdale Republican’s campaign failed to pay providers of nearly $30,000 of campaign goods and services directly and to properly identify those purchases on campaign finance reports. Instead, she made lump-sum payments to Mr. Querard and another campaign operative without breaking down actual expenses, he said.

Mr. Lemon said reporting requirements are clear under state law and that the commission has provided training for candidates on campaign finance requirements.

Mr. Lemon cleared Ms. Rosati of a third violation, that she misused petty cash.

Ms. Rosati’s attorney Lee Miller called Mr. Lemon’s conclusions unfounded and said Ms. Rosati will vigorously contest the recommended penalty. “This recommendation is just extraordinarily overreaching,’ Mr. Miller said.

Mr. Miller said the commission in previous years “diligently avoided the question’ of evaluating whether candidates prudently spent their money as long as it was spent on campaign purposes.

“They’ve thrown away all that and decided they know better than Colette what a mailing list is worth,’ he said.

Mr. Miller also disputed Lemon’s contention that state law requires the reporting detail sought by the commission, but the attorney said Ms. Rosati would be in a bind anyway because Mr. Querard wouldn’t provide the needed information.

“They say too bad, so sad, that costs you 10 grand,’ Mr. Miller said.

On the reporting issue, Mr. Lemon said cases against other candidates have been dismissed after they amended their reports to properly report spending.

Unlike those candidates, Ms. Rosati “did not even attempt to amend her campaign finance reports to comply’ with the law and has told the commission she doesn’t have the information to do so, Mr. Lemon wrote.

Ms. Rosati now can formally respond to Lemon’s report. Once she does, he will decide whether to maintain or change his recommendation to the commission.

A commission spokeswoman said the panel is expected to consider Ms. Rosati’s case on May 26.

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