(Photo courtesy of the Office of Arizona Attorney General)

Tom Horne

The top prosecutor in rural southeastern Arizona has cleared former Arizona Attorney General Tom Horne of finance violations stemming from his 2010 campaign.

Cochise County Attorney Brian McIntyre said there wasn’t enough evidence to uphold an earlier decision by Yavapai County Attorney Sheila Polk.

In 2013, Polk found Horne and his former aide Kathleen Winn conspired to spend campaign funds on ads targeting his Democratic opponent Felecia Rotellini in the 2010 election.

A judge found Polk violated Horne's due process rights and ordered Attorney General Mark Brnovich to review the 2013 decision. He stepped aside having challenged Horne for his office in 2014. 

Horne called McIntyre's decision "good news," but would not discuss an ongoing and separate civil case involving his failed re-election bid against Brnovich.

For the 2010 case, McIntrye wrote that certain discussions between Horne and Winn were suspicious, but added there wasn't enough evidence to show the communication was illegal.

His decision frees Horne from having to repay $400,000 and up to $1.2 million in fines.