HARRISBURG — State Sen. Jane Orie, R-40th, and another Pennsylvania lawmaker argued in court papers filed today that the state law being used to prosecute them for allegedly misusing the power of their office violates the state and federal constitutions.

Nearly identical motions, filed in Pittsburgh and Harrisburg courthouses, ask for the dismissal of public-corruption charges against Orie and Democratic state Rep. Bill DeWeese.

They argue Pennsylvania's conflict-of-interest law is too vague and should not be used to prosecute lawmakers for behavior that they suggested is engaged in by nearly every member of the General Assembly. They argue the law is so vague it violates their right to due process of law.

Part of Orie's district covers southern Butler County.

The pair are accused of using public resources to wage political campaigns. Both are charged with conflict-of-interest, theft and conspiracy. Orie also is charged with evidence tampering.

"What in fact has happened in (Orie's) case and others, is that precisely because of the facial vagueness of the conflict-of-interest statute ... implied authorization and encouragement has been given to prosecutors to enforce such conduct arbitrarily and in a discriminatory way against a number of politicians," wrote attorney Bill Costopoulos, who represents both defendants in the separate criminal cases.

A spokesmen for the Allegheny County district attorney, which is prosecuting Orie, declined to comment. The attorney general's office, which charged DeWeese, did not immediately return phone messages.