Pacion v. Thomas

In Pacion v. Thomas, 225 Ariz. 168, 169,9, 236 P.3d 395, 396 (2010), the Arizona Supreme Court held that the exclusive remedy for violations of A.R.S. 16-903(A) (requiring candidates to form campaign committees before making expenditures, accepting contributions, distributing campaign literature, or circulating petitions) is the civil penalty set forth in title 16. Rejecting a private challenge to petition signatures obtained before the formation of a campaign committee, the court noted that the legislature had expressly disqualified signatures obtained on initiative and referendum petitions before formation of a political committee, "yet provided only a civil penalty for violations of the campaign finance statutes governing candidates, including 16-903(A)." Id. at 170,12, 236 P.3d at 397. The court "declined to infer a statutory remedy into the campaign finance statutes that the legislature eschewed." Id.