Nanos Misses Filing Deadline Again, What’s To Hide?

Pima County Sheriff Chris Nanos

Once again Pima County Sheriff Nanos has shown that he believes he is above the law. On Friday, November 4, at the same time former Chief Deputy Chris Radtke, was asking a federal judge to extend the deadline for his plea agreement on racketeering charges, Nanos missed the deadline to file his campaign finance report.

The deadline for those reports is scheduled in order to allow voters a few days to study last minute donors and expenditures before the election on Tuesday.

Nanos is at least consistent; he was late filing his previous campaign report.

He has refused to meet his opposition, Mark Napier, face to face in public forums. As a result, the public has had no opportunity to size the two candidates up.

Attempts to reach Nanos for an explanation of his decisions have been unsuccessful. He has been so unwilling to recognize that he is in fact a public servant, that he has ordered staff not to turn over public documents in violation of Arizona law.

Republican candidate for Sheriff Mark Napier said, “I am disappointed that Mr. Nanos failed to file his report as required.  It is another example of his apparent unwillingness to follow rules/laws that he deems unimportant.  Much like his unwillingness to appear in debates/forums, this is an indication of his lack of commitment to the voters of our County, disrespect of the political process and contempt for transparency.  If this report demonstrated a huge level of interest in his campaign and support through donations, you would think he would be happy to file it as required.”

Laws are for everyone else

On September 28, 2016 the Nanos handpicked Chief Deputy Chris Radtke was indicted on seven conspiracy charges, including money laundering and misuse of RICO funds. Sheriff Nanos mysteriously denied having any knowledge of those activities.

The question arises what is appointed Sheriff Nanos hiding a few days before the election?

For your convenience ARS 16-918 and a subsection of ARS 16-913 are below:

Arizona Revised Statutes Title 16. Elections and Electors § 16-918: Campaign finance reports;  notice;  civil penalty;  prohibition on candidacy

A. If a political committee fails to file a report in a timely manner as required by this chapter, the filing officer shall send written notice of the delinquency of the report to the political committee and the candidate, in the case of the candidate’s campaign committee, or to the designating individual, in the case of an individual’s exploratory committee.  The notice shall be sent by certified mail within fifteen days after the filing officer determines there may be a failure to file a campaign finance report.  The notice shall provide with reasonable particularity the nature of the failure and a statement of the penalties provided in this section.

B. A political committee, or in the case of a candidate’s campaign committee, the candidate, or in the case of an exploratory committee, the designating individual, is liable for a late penalty of ten dollars for each business day after failure to make or file a campaign finance report that is required pursuant to this chapter up to a maximum of four hundred fifty dollars.  For filings for an officeholder expense account pursuant to § 41-133, the late penalty is five dollars for each day after failure to make or file the campaign finance report, and the late penalty shall not accrue on days during which the office of the secretary of state is not open for business.  A late penalty accrues only until the day the late report is filed and the filing officer shall not refuse a campaign finance report except if penalties imposed pursuant to § 16-924 are unpaid at the time of filing the report.  Beginning on the thirty-first day after the due date, the filing officer may notify the appropriate enforcement officer under § 16-924 that a violation has occurred and that late fees and civil penalties are owed as prescribed in subsection C of this section and may be collected in an enforcement action pursuant to § 16-924.

C. A political committee, or in the case of a candidate’s campaign committee, the candidate, or in the case of an exploratory committee, the designating individual, that has failed to file within fifteen days after receiving a notice of delinquency pursuant to subsection A of this section is liable for a civil penalty of twenty-five dollars for each subsequent day that the filing is late.  This penalty shall be assessed pursuant to § 16-924.

D. For the purposes of this section, there is a failure to make and file a campaign finance report by the treasurer, the designating individual, in the case of an exploratory committee, the candidate, in the case of a candidate’s campaign committee, and for all other political committees, the chairman, if any of the following occurs:

1. The report is not filed in a timely manner as prescribed by § 16-913.

2. The report is not signed in accordance with § 16-913.

3. A good faith effort is not made to substantially complete the report as prescribed by § 16-915.

E. It is a defense to an enforcement action brought pursuant to this section if good cause is shown by the treasurer, the designating individual, in the case of an exploratory committee, or the candidate, in the case of a candidate’s campaign committee, for the failure to make and file a campaign finance report.  For the purposes of this subsection, “good cause” includes an illness or absence from this state at the time the campaign finance report was due or the written notice of delinquency was delivered if the illness or absence reasonably prevented the treasurer, designating individual or candidate from filing the report or receiving the written notice.

F. In addition to the enforcement actions prescribed by this section, a person who was a candidate for nomination or election to any local or state office and who after written notice pursuant to this section failed to make and file a campaign finance report as required by this chapter is not eligible to be a candidate for nomination or election to any local or state office for five years after the last failure to make and file a campaign finance report occurred.  This penalty shall be imposed as follows:

1. A candidate’s failure to make and file a campaign finance report with a filing officer for a jurisdiction is grounds for that filing officer to refuse the candidate’s nomination paper for any public office in that jurisdiction as described in this subsection.

2. A candidate’s failure to make and file a campaign finance report with any filing officer is grounds for a filing officer from another jurisdiction to refuse the candidate’s nomination paper for any public office on presentation of a certified copy of a final order issued pursuant to § 16-924.

G. For a standing political committee, in addition to any late penalty and civil penalty assessed pursuant to this section, if the standing political committee makes a late filing three or more times, the standing political committee is no longer eligible for consolidated filing status pursuant to § 16-913, subsection K and shall make all of its filings in each reporting jurisdiction in which it is active.

H. For any political committee that has failed to file three consecutive campaign finance reports with the filing officer as prescribed by § 16-913, the filing officer shall send the committee chairman and treasurer a written notice of intent to suspend the political committee.  The notice of intent to suspend shall state that failure of the political committee to fully comply with all filing requirements for that committee, including any required payments, within thirty days of the date of the notice shall result in suspension of the political committee’s authority to operate in that jurisdiction.  On suspension of the political committee’s authority to operate, the filing officer is no longer required to provide any further notice of delinquency to the political committee.  This subsection does not reduce or eliminate the political committee’s continuing obligation to make campaign finance filings and pay any fines, penalties, civil penalties or other sanctions that may continue to accrue as otherwise provided by law.  This subsection does not apply to reports required pursuant to article 2 of this chapter  [FN1] or to a candidate’s campaign committee designated by that candidate pursuant to § 16-903 during that election cycle.

A.R.S 16-913 provides specifics as to when a preelection report is to be filed in subsection B-2 below:

B. In any calendar year during which there is a regularly scheduled election at which any candidates, measures, questions or propositions appear or may appear on the ballot, the political committee shall file each of the following campaign finance reports:

1. A report covering the period beginning January 1 through May 31, filed no later than June 30.

2. A preelection report, that shall be filed not less than four days before any election and that shall be complete through the twelfth day before the election.

3. A postelection report, that shall be filed not more than thirty days after any election and that shall be complete through the twentieth day after the election.