The Arizona Corporation Commission is divided over a proposal to halt campaign contributions from the utilities they regulate.
Dark money spending on last year’s election has kept the spotlight trained on Arizona’s top regulators. So much so that two of them recently proposed asking public service corporations to abstain from financially backing candidates for the office.
In a draft letter, commissioners Bob Burns and Susan Bitter Smith note that Arizona Public Service and Pinnacle West — believed to be behind millions in campaign contributions — do not appear to have violated any campaign finance laws, but public concern about the integrity of the commission has become serious enough to merit this step.
To that, Commissioner Doug Little responded, “I believe the proposed policy would have the practical effect of silencing the political speech of some, while allowing the full throated dialogue of others.”
On Little's side are commissioners Tom Forese and Bob Stump, along with a host of business groups.
Little cites the U.S. Supreme Court’s Citizens United decision as the legal justification for opposing this proposed policy.
Nonetheless, Burns said he intends to push forward and to prepare a subpoena for records relating to campaign contributions from the utilities.
“I think it’s only fair to the ratepayers of Arizona that they understand that participation [of utilities] doesn’t include any ratepayer dollars," Burns said.
No vote was taken at the meeting, but legal opinion appears to be split over whether the commission actually has the authority to seize and examine such records.
