A blogger and Democrat lawyer has filed a complaint against Senate President Tim Bee for allegedly violating the state’s resign to run law.
Michael Bryan, who runs www.blogforarizona.com, said he mailed his letter to the Attorney General’s Office on Nov. 20.
In his complaint, Bryan asked Attorney General Terry Goddard to demand that Bee resign from office or begin a legal proceeding to declare his Senate seat vacant. Goddard’s office refused to comment on the letter, other than to confirm its receipt.
“According to relevant federal law, there are only three possible status candidacy options: ‘candidate,’ ‘testing the waters,’ and ‘non-candidate,’” the complaint said.
“Mr. Bee has essentially attempted to invent a fourth category, that of an exploratory candidate who is testing the waters and has chosen to voluntarily follow the FEC regulations applicable only to candidates,” said the letter, an electronic copy of which was provided to the media.
Bee’s failure to say he is a candidate is irrelevant, Bryan said in his letter. “He is a federal candidate,” he said.
Meg Econ, manager of the Tim Bee Exploratory Committee, said they wish that U.S. Rep. Gabrielle Giffords “would call off the attack dogs.”
Econ said Giffords should instead “discuss issues that voters care about like securing our borders and strengthening our economy.”
“Senator Bee is focused on meeting with folks, listening to their opinions, and determining whether he should throw his hat in the ring,” Econ said.
Bryan said neither Giffords nor the state Democratic Party had anything to do with his complaint.
“I didn’t file this complaint as a legal representative of any other party, but as a private citizen concerned that the rule of law be upheld,” Bryan said in an e-mail. “The clear intent of the law is to prevent exactly the kind of game that Bee is playing with Arizona’s voters.”
“Those who are in a position to clearly witness a wrong taking place have a duty to report it to the authorities; I’m just the political neighborhood watch,” he added.
In reply to Econ, Bryan said he is sure Giffords’ crew is finding “some irony in the charge considering how often my teeth are lunging for the congresswoman’s throat.”
Bryan said he took inspiration from Lane Hudson, the blogger who filed a complaint to the Federal Election Commission accusing Republican senator Fred Thompson of violating the FEC’s “testing the waters” clause.
Bryan’s complaint also said that Bee has raised more than what he needs to explore a possible challenge against of Giffords, a Democrat who represents the 8th Congressional District. It is the same argument that the state Democratic Party, which is closely watching Bee’s activities, has previously raised.
The complaint said Bee’s “campaign” has spent only $15,000, which supposedly shows that the vast majority of the money he has raised — about $134,000 as of Sept. 30, according to Federal Election Commission records — is intended to be spent on his congressional bid.
State Democratic Party spokeswoman Emily Bittner said her party has not ruled out any legal options at this point. “But I want to emphasize that our concern is largely with the ethics of this behavior,” Bittner said.
Bee’s team has maintained that the senator is within the bounds of the law. The senator had said forming an exploratory committee is “not only legal, but it’s the right thing to do.”
Defending Bee from attacks, the Pima County Republican Party said Phoenix Democrats have been “lecturing” them on what’s best for southern Arizona.
“The Phoenix Democrats are so out of touch with southern Arizona that they fail to realize that Tim Bee works hard for everyone in our area — Republicans and Democrats,” Pima County Republican Party Chair Judi White said earlier.