Elections B.C. is threatening to boot former solicitor general Kash Heed from his seat if Heed doesn't re-file an election expense report he says he had nothing to do with.

It's the latest trouble for Heed, a former police chief and police officer for more than 30 years and the Liberals' only star candidate in the 2009 election.

In a letter sent to Heed on Dec. 2, 2010, Elections BC's acting chief electoral officer Craig James demanded an updated expense report for the 2009 campaign.

The letter said Heed can apply for relief from the court, but warns "without further notice I will feel compelled to forthwith present a report to the speaker informing him that you have ceased to hold office and that your seat has thereby become vacant."

James could not be reached for comment, but issued a statement saying he will not comment further as the matter is before the courts and a special prosecutor.

Heed was unavailable for comment Tuesday.

But his lawyer, David Gruber, said Heed filed a petition in B.C. Supreme Court on Christmas Eve in Victoria asking for the court to relieve him from filing the updated expense report.

A date for a hearing has not been set.

"He will be asking the court to be relieved from compliance with the chief electoral officer's order on the basis that in good faith he has no knowledge of financial expenses that haven't been reported to date," said Gruber.

Last year, three of Heed's former former campaign workers -- Barinder Sall, Satpal Johal and Dinesh Khanna -- were charged with offences under the Criminal Code and Election Act in connection to the distribution of election pamphlets during the 2009 provincial election, as well as an election financing report filed on Heed's behalf.

Last week, search warrant documents filed by the RCMP indicate Heed is under investigation for breach of trust allegations connected to his 2009 campaign.

A former campaign volunteer has alleged campaign workers were paid out of constituency funds, which are public money.

Heed has not been charged with any offence and the allegations have not been heard in court. He has been relegated to the back benches of Premier Gordon Campbell's cabinet since last year after the ongoing investigations into his 2009 campaign prompted him to resign from cabinet twice.

An affidavit filed in B.C. Supreme Court by Heed on Dec. 24 said the former Vancouver Police officer and West Vancouver police chief was new to politics when he ran in 2009 and relied on his backroom team to manage and co-ordinate his campaign.

"During the course of the campaign, I was not aware of any financial irregularities," said Heed's affidavit. "I completely trusted the expertise of my campaign staff to honestly and accurately perform their roles."

An affidavit filed on Jan. 10 by Elections BC states that Elections BC received an audited report on June 3, 2010 indicating the election expenses for Heed's campaign were $74,135.70 -- more than $4,000 above the legislated $70,000 limit.

The Opposition New Democrats called on Heed to comply with Elections BC and file a new expense report.

Interim NDP Leader Dawn Black did not call for Heed to resign, but said he appeared to be rejecting the rules that govern all politicians in British Columbia.

"I would have expected that a person of his background would have shown more respect for the laws of the province," she said. "It astounds me that Mr. Heed seems to think he's above the law in this case."

Black called on Liberal leadership candidate George Abbott, who received Heed's endorsement earlier in the campaign, to denounce his attempt to defy Elections BC.

Abbott issued a statement Tuesday afternoon saying Heed has voluntarily stepped away from Abbott's campaign.

The controversial flyers and a series of radio ads were distributed during the 2009 campaign attacking the Opposition NDP. The pamphlets and ads were in English and Chinese and didn't indicate they were paid for by anyone connected to Heed's campaign.

A special prosecutor said Heed had nothing to do with it, but charges were recommended against the three campaign workers. Their cases are still before the courts.

A new special prosecutor is reviewing that decision after the first special prosecutor stepped down and revealed his firm had made financial donations to Heed's campaign.