After 7 years, Tom Horne cleared in case alleging illegal campaign activities

There is not enough evidence to conclude former Attorney General Tom Horne and a former associate broke campaign laws during the 2010 election cycle, a county attorney has concluded.

Cochise County Attorney Brian McIntyre's Wednesday decision likely puts to rest a long-running case that helped cripple the Republican prosecutor's re-election bid three years ago and has dogged him since.

The case centered on whether Horne and his campaign illegally coordinated with an outside spending group headed by ally Kathleen Winn on ads attacking Horne's Democratic opponent.  

Horne and Winn have long maintained their innocence. 

"Horne and Winn certainly engaged in communication during a time frame which would cause any outside observer to cry foul," McIntyre stated in his final decision and order. "The record, however, does not establish by a preponderance of the evidence that this communication was illegal. 

"Both sides to this dispute present equally plausible evidence as to what did or did not occur during the communication. The party bearing the burden, therefore, has failed to meet it."

McIntryre took on the case following a May decision by the Arizona Supreme Court. The justices offered no opinion on the merits of the case but agreed with Horne's attorney's argument that he was denied due process because of the process for handling such allegations. That process unfairly allowed Yavapai County Attorney Sheila Polk to serve as "an accuser, advocate, and final decision maker" in the case against Horne, the high court stated. 

The Arizona Supreme Court voided lower-court rulings that he had to repay $400,000 to donors and pay up to $1.2 million in fines. It also sent the case back to the Attorney General's Office for a final administrative decision. Citing a conflict of interest, the attorney general appointed McIntyre to review the case.

Attorney Dennis Wilenchik, who represented Horne in the case, said in an emailed statement to The Arizona Republic that he is pleased with the decision.

He added thjat he hopes "that this oppressive cloud that has (been) hanging over him since before the last election has gone away. This case was brought by an overzealous prosecutor who chose to act as ‘judge, jury and executioner’ and to overrule a judge. Justice has finally prevailed for the former Attorney General."

Polk, the prosecutor referenced by Wilenchik, declined to talk about the decision. She wrote in a text that comments beyond those in her final ruling "would be inappropriate." 

A separate investigation into allegations by a former employee who said Horne used the Attorney General's Office as a de facto campaign headquarters is ongoing. 

Follow the reporter on Twitter and Facebook. Reach her at yvonne.wingett@arizonarepublic.com or 602-444-4712.