April 30, 2009

Colorado Ethics Watch has launched an investigation regarding a voice message left by former U.S. Congressman Scott McInnis in which he announces his candidacy for governor in the 2010 general election, solicits contributions for his campaign, touts his campaign operations and reveals an apparent intention to illegally coordinate his campaign with a so-called 527 political organization. 

Ethics Watch’s investigation is focused on two legal issues.  First, state law expressly prohibits candidates from avoiding campaign contribution limits by coordinating with outside groups, including 527s, and 527s are prohibited by both federal and state law from directly supporting candidates for office.  Mr. McInnis’ reference to engaging Sean Tonner of Phaseline Strategies to handle “our… ah 527” suggests he plans to or may already be in violation of these laws.

Second, Colorado law requires a person who has publicly announced his or her intention to run for office to register a candidate committee with the Secretary of State before receiving contributions or making expenditures.  Media reports strongly suggest that Mr. McInnis has publicly announced his intentions to run for governor and according Mr. McInnis’ message, he has already “done extensive polling” and engaged staff to handle his “finances” and “day-to-day operations,” which suggests he has already spent money or received, at a minimum, in-kind contributions.   Ethics Watch staff confirmed with the Secretary of State’s office on Thursday that no campaign committee registration statement has been filed for a McInnis campaign for governor.  “All too often, candidates - like Mr. McInnis appears to have done in this instance - deliberately push the line of permissible campaign activities to avoid public transparency and to gain any advantage in fundraising,” said Ethics Watch Director Chantell Taylor.  “We have launched this investigation to ensure that Colorado voters get full disclosure and to further ensure that campaigns are held accountable for corrupting the integrity of the electoral process.”