Face The State Staff Report
Proponents of Amendment 54 are alleging that a Denver firefighters union has violated campaign finance laws by funding opposition materials without providing necessary disclosures to the Secretary of State.
Special to FTS
As of Friday, the state's Office of Administrative Courts is now reviewing a complaint made by Clean Government Colorado, the campaign behind Amendment 54, in which the Denver Firefighters Small Donor Fund is accused of failing to report its purchase of anti-54 yard signs worth potentially thousands of dollars.
University of Colorado Regent Tom Lucero, spokesman for Clean Government Colorado, said he was alerted to the possible violation after concerned citizens called the campaign to let him know that they spotted “Vote No on Amendments 47, 49, and 54” signs that were paid for by the firefighters union. Lucero said he had to wait for the latest campaign finance reports to be filed, on Oct. 27, to lodge a formal complaint.
“These yard signs started to appear three weeks ago, people called us up and said we’ve seen these signs,” Lucero said. “But we had to wait until campaign finance reports were due to make a complaint.”
Printed on the signs is “Paid for by Denver Fire Fighters Local 858, Aaron Jonke, Treasurer.” However, according to the Secretary of State’s Web site, the only committee Jonke is the registered agent for is the aforementioned firefighters small donor fund. There is no listing for a Denver Firefighters Local 858 committee.
Jonke says he didn’t think it was a violation not to report expenditures and contributions to the Secretary of State. He offered a conflicted response about his organization's involvement in attempting to defeat 54.
“To my knowledge, money hasn’t been spent on any campaigns,” he said, while also conceding, "we bought a couple thousand signs.”
Under state law, issue committees organized in support or opposition to ballot questions must register with the Secretary of State and are required to file regular campaign finance disclosure reports. When told about the law’s requirements to file contributions and expenditures, Jonke replied, “that’s not how I understand the law.”
When pressed further about the ramifications of campaign finance law, Jonke said he would have to consult his union’s lawyer.
“That’s a pretty simplistic answer for a registered agent,” said Mark Bender, the attorney who filed the complaint on behalf of Clean Government Colorado. “This is part of the problem, registered agents should at least have a rudimentary understanding of campaign finance law.”
Lucero said he hoped the Secretary of State would expedite processing of the complaint since it was filed so closely to Election Day. The Office of Administrative Courts is the body that actually hears the complaint only after the Secretary of State’s office verifies that it was filed correctly.
But Julie Postlethwait, spokeswoman for the Colorado Department of Personnel and Administration, the umbrella department overseeing the Office of Administrative Courts, says that the complaint won't be heard before tomorrow's Election Day. Under state law, named parties in a complaint must receive five days notice that it is being considered by the OAC.
“We were hopeful that the work would be expedited,” said Lucero. “Our only hope now is that they will bring justice where justice is deserved.”