The Clean Elections law has withstood many challenges regarding its use of public money to finance campaigns. This is a different sort, but very important, test: does the commission that enforces the rules have the power to mete out the ultimate political punishment?
The decision now goes back to the commission, but there is no reason to think that they will do anything but concur with the court's opinion. From there, Smith could appeal the decision to a higher court, or the commission can go to the supreme court, which would obviate any opinion from a lower court. So this isn't over yet, but it could be soon.
Smith is a freshman legislator, and was a perennial candidate before that. He's an easy target to take out. I wonder what would happen if a more prominent candidate violated the rules? So far, the only case that seems to approach this level of punishment is the fine given to a group of libertarian candidates, another easy target. The real test comes when a long time legislative leader or a candidate for state wide office violates the rules.
Smith's various defenses have been amusing. At one point, he had his accountant shuffle the books and move expenses to different dates. The judge pooh-poohed this one in his decision. He also claims that he can only be removed through recall or impeachment. Not true. Corporation Commissioner Tony West was thrown out for holding a securities license. They actually nullified his election and put his predecessor, Renz Jennings, back in office until a successor could be appointed.
I've heard Smith's supporters claim that it's too hard to follow the Clean Elections rules, and that its a simple mistake and so unfair. If Smith and others like him (there are several others, all advised by a consultant named Constantine Querard) don't like the "onerous" rules of the Clean Elections system, they can opt out. Nothing forces a candidate to run "clean" except public pressure. These guys never liked the system in the first place, so why should they run under it anyway?
That is the main point to remember. Smith signed a contract saying he would abide by the rules. His legislative bio boasts of a JD from the University of Baltimore. I am actually supposed to buy that he didn't understand a contract. I'm glad that I know plenty of attorneys and I never need to talk to him.
(NB- A version of this also appears on my blog, Rum, Romanism and Rebellion.)