EXCLUSIVE: CORA request reveals concerns that Colorado State Representative Hugh McKean’s Restore Colorado Leadership Fund may have violated Amendment 41, Colorado’s “constitutional gift ban.”

To make matters worse, fundraising events hosted by Restore Colorado Leadership Fund face criticism they were used to “obtain paid access to legislators,” which “could be viewed as a breach of the public’s trust or as creating a justifiable impression among members of the public that such trust is being violated,” according to Colorado’s Office of Legislative Legal Services in a Legal Opinion issued on August 10^th, 2021.

The gifts mentioned in the Legal Opinion include: “appetizers and cocktails,” “cigars,” and “alcohol and catered food,” at numerous events including a Rooftop Hawaiian Luau Party in downtown Denver, and a Golf Tournament at Pelican Lakes in Windsor.

These events had ticket prices ranging from $250 to $20,000.

These high dollar events are attended by lobbyists and business representatives whose contribution to Restore Colorado Leadership Fund, provides them access to Colorado lawmakers.

Background:

Politics runs on money, and expensive fundraising events are nothing new to those who pay attention to, or are involved with politics.

Each caucus (Democrats & Republicans) in both chambers of the State Legislature have their own fundraising/electioneering organizations that are often organized by Legislative Leadership.

In the State Senate, Democrats have the Democratic Senate Majority Campaign Fund, and Republicans have the Senate Majority Fund.

In the State House, Democrats have the House Majority Project, and Republicans have Restore Colorado Leadership Fund.

The Democrats aggregate their fundraising dollars from the Democratic Senate Majority Campaign Fund, and their House Majority Project with the Colorado Democratic Party. (source)

Unlike the Democrats, Republicans keep their accounts separate from Party funds.

As of January 30^th, 2022, the Senate Majority Fund shows $942,530.00 in contributions so far for this election cycle (12/4/2020 – 12/8/2022) according to the Colorado Secretary of State’s website TRACER. (source)

During the same time, Restore Colorado Leadership Fund reported contributions totaling $387,619.90. (source)

According to the Colorado Secretary of State, Restore Colorado Leadership Fund was incorporated by Representative Hugh McKean in July of 2020:

Katie Kennedy, a longtime professional consultant for Republicans in Colorado is listed as the Registered Agent.

According to internal House GOP documents, Expectations of the Colorado House Republican Caucus, Restore Colorado Leadership Fund is currently legally owned by the House Republican Caucus:

According to the Colorado General Assembly Website, the current GOP House Leadership is as follows:

Minority Leader: Hugh McKean

Assistant Minority Leader: Tim Geitner

Minority Caucus Chair: Janice Rich

Minority Whip: Rod Pelton

One of the goals of the GOP House Leadership is to gain the majority back from the Democrats.

Efforts to win back the majority depend, in part, on the fundraising efforts of Restore Colorado Leadership Fund.

One strategy to increase attendance at fundraising events is to bring in elected politicians, celebrities or other individuals with name recognition.

Without big money, you can not expect big results.

But these events raised concerns among at least one Republican in the State House.

As all insiders know, controversial news has a way around the State Capitol.

And this controversy reached the ears of a local liberty activist, Ryan Kane, who submitted Colorado Open Record Act (CORA) requests to select State Legislators regarding communication between those legislators, their staff and fundraisers.

Kane is part of a new generation of Libertarian Party activists who have been drawn to Colorado’s Libertarian Party through the Mises Caucus.

CORA Requests:

CORA Requests regarding communications between aforementioned fundraising/electioneering entities and Legislators were sent to select offices in both the State Senate and State House.

Most of the responses returned were boilerplate explanations as to why there are not valid requests:

However, the CORA request sent to State Representative Dave Williams returned a lot of information, including the concerns as to possible violations by Hugh McKean’s Restore Colorado Leadership Fund:

The coorespondence between Rep. Williams and Bob Lackner, Managing Senior Attorney at the Office of Legislative Legal Services for the State of Colorado included the following attachments:

These emails detail the fundraising events hosted by Restore Colorado Leadership Fund that were mentioned above, including the Rooftop Hawaiian Luau, and the Pelican Lakes Golf Tournament.

With additional information from Rep. Williams, Bob Lockner’s office put together a 15-page Legal Opinion:

The entire 15-page opinion goes into detail on Restore Colorado Leadership Fund‘s events.

Section 3 Analysis, which begins on Page 7 sums up the biggest concerns raised in the memo:

Based on the reasons discussed above, legislators attending political fund-raising events sponsored by Restore Fund at which they are accepting, on a complimentary basis, food, beverages, rounds of golf, cigars, or other things of value raises concerns of a potential violation of the constitutional gift ban set forth in Amendment 41.

In addition, to the extent that persons or entities playing a large role in sponsoring these events are professional lobbyists or others with an interest in business before the General Assembly, there is an added concern that the personal interactions between legislators and donors at these events may breach the public’s trust or, at a minimum, create the justifiable impression among members of the public that such trust is being breached in violation of Amendment 41.

Our specific concerns are as follows: 1) In connection with these types of events, legislators are participating without paying to attend, consuming food and beverages, including alcohol, or accepting other things of value such as cigars or rounds of golf in excess of the current $65 gift limitation which likely violates the constitutional gift ban;

2) an event promoted as being “hosted” by a legislator could be viewed as the “host” legislator’s event in which case a third-party’s payment of the costs of the event could be viewed as a prohibited gift to the “host” legislator; and

3) participating in fund-raising events that are heavily supported by and provide opportunities for donors, professional lobbyists, and others with an interest in the business of the General Assembly to obtain paid access to legislators could be viewed as a breach of the public trust or create the justifiable impression among members of the public that such trust is being violated.

Conclusion:

Are the concerns of Rep. Williams regarding Restore Colorado Leadership Fund valid?

In politics, it is usually up to the voters to decide what concerns are valid or not.

But such a strong statement as “a justifiable impression among the members of the public that such trust is being violated,” by the Office of Legislative Legal Services, deserves further examination.

The very end of the memo explains that “for additional guidance on these issues beyond this memorandum, you may with to obtain an advisory opinion from the Independent Ethics Commission.”

Hugh McKean has faced controversy since he became House Minority Leader in February 2021.

In my opinion, what’s happening in the State House is similar to what is happening in the Colorado GOP as a whole.

GOP Leadership is at odds with their base.

Leadership is pushing a more moderate path, than what their base wants.

Leadership could be pursing moderate stances to capture Big Donors or to attract disgruntled Democrats and Unaffiliated Voters.

But the effort to attract new voters, leaves the Party’s Base with little representation.

The grassroots wants a strong, pro-freedom agenda.

As Party Leadership refuses to discuss anything controversial, it only grows the chasm between the grassroots and the establishment.

I assume Colorado Democrats face similar issues, with more radical members of their party criticizing a more moderate leadership.

McKean has faced criticism from members of his own party for being too moderate, even being accused of supporting anti-gun legislation.

What does this mean for 2022?

I’m still confident that the Colorado GOP can take back the State Senate, and many of the State-level offices, but Party Leadership needs to understand that their base wants leaders with a backbone.

The grassroots wants candidates who will not compromise on our Freedom.

This means supporting Election Integrity, Medical Freedom, Restrictions on the Governor’s Emergency Powers, a bold Anti-Tax Agenda, School Choice, and Defending our Right to Keep and Bear Arms.

If the Colorado GOP Leadership thinks they can win in November without an army of motivated volunteers, they are delusional.

My message to the Colorado GOP is this, “Stand up for your voters of you will lose them!“

Thoughts? Leave a Comment Below!

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