The lawyer for former Arizona Attorney General Tom Horne is asking the State Court of Appeals to throw out a conclusion that his client violated campaign finance laws.

The focus is on $513,000 from the group Business Leaders for Arizona run by Kathleen Winn, who became an aide in Horne's office once he was elected. The money was spent on a last-minute television commercial in 2010 attacking Horne’s Democratic opponent Felecia Rotellini.

Winn's group registered as an independent campaign committee which could not legally coordinate its expenses with Horne.

Undisputed evidence showed a series of phone calls and emails between Winn and Horne. A hearing officer accepted their testimony that they were not talking about the campaign. But Yavapai County Attorney Sheila Polk overturned that conclusion, saying the timing of those calls and other communications convinced her there was illegal coordination.

On Tuesday, Horne’s attorney Michael Kimerer told the appellate judges they should void Polk's ruling because she actually helped prepare the case against Horne. The issue still pending is whether Horne will have to pay a penalty of nearly $400,000.