A legislator violated state campaign laws and rules by padding his publicly funded campaign with private spending and should be removed from office, an administrative law judge said Monday in a decision that agreed with most of a state commission's findings.

The 33-page decision by Judge Thomas Shedden of the Office of Administration Hearings came on Rep. Doug Quelland's administrative appeal of a May 15 order by the Citizens Clean Elections Commission concerning the three-term Phoenix Republican.

Shedden said the commission correctly ordered Quelland's removal from office because his 2008 primary election spending exceeded the state's limit due to between $13,000 and $15,000 of private spending.

Quelland said work done for his campaigns by employees of a public relations firm was on a volunteer basis and that he paid the firm only for work done for his businesses.

This story continues below
Advertisement

However, Shedden said Quelland's "claims and defenses are not supported by credible evidence, and his testimony is not as persuasive as the evidence presented by the commission." That evidence included testimony from firm employees and invoices that Quelland contended were faked.

The commission ordered $45,500 in civil fines, but Shedden said one alleged violation was unfounded and that fines totaling only $31,000 were warranted.

Shedden's decision on Quelland's appeal now returns to the commission, which can stick by its original order or revise it.

Commission spokesman Michael Becker declined to comment on Shedden's decision. He said the commission likely will consider it on Nov. 19.

Quelland's attorney, Timothy Casey, said the decision was disappointing and that Quelland intends to go to court if the commission stands by its order for Quelland's ouster.

"It's always an uphill battle to try to overturn a decision by a governmental agency," he said.

Quelland remains in the Legislature pending the case's outcome.

Quelland acknowledged signing a $15,000 contract with the public relations firm in early 2007 but said he canceled it two days later. He said he continued to use the firm for work for his businesses.

Quelland was first elected to the House in 2002. He was re-elected in 2004 but lost in 2006 before winning again in 2008.

In a case involving a different lawmaker, the Arizona Supreme Court in 2006 upheld the commission's authority to oust a legislator for campaign finance violations.

Shedden took the case under advisement after holding four days of hearings in August and September.