VICTORIA — Elections BC says former solicitor general Kash Heed could lose his seat in the B.C. legislature if he doesn't co-operate with their ongoing audit and file an updated expense report for the 2009 election.

Acting chief electoral office Craig James sent Heed a letter in December warning that he could soon be ejected from the legislature and his Vancouver-Fraserview seat be declared vacant.

Heed's lawyers say the former police chief did not prepare the election financing report in question, and currently has no reason to believe it is inaccurate.

An Elections BC affidavit filed at a Victoria court last month in an ongoing dispute between the two parties says an audit found the expenses for Heed's 2009 campaign were more than $4,000 above the $70,000 legislated spending limit.

Lawyers for Heed filed an affidavit on Christmas Eve saying he had no personal involvement in the preparation or production of the election financing report.

Allegations of breach of trust against the former solicitor general surfaced last week when an RCMP search warrant was unsealed that suggested there were financial irregularities in Heed's 2009 election campaign.