Money in Politics

To:       Denver City Council

Fr:        Jenny Flanagan & Elena Nunez, Colorado Common Cause

Dt:       February 17, 2009

 

Re:      Proposed changes to campaign finance ordinance

 

 

Colorado Common Cause is a non-partisan, nonprofit organization working for open, honest, and accountable government, and to increase public participation in the political process.

 

While we are generally supportive of the changes proposed to the elections code, we oppose the provisions that expand the appropriate uses for unexpended campaign funds.  We recognize that the goal was to providing clarity regarding acceptable uses for leftover funds, but the legislation proposed will result in less transparency regarding campaign contributions and allows donors’ contributions to support candidates and issues that the donors themselves may not support.

 

The majority of the proposal is mirrored after state law (C.R.S. 1-45-106).  However, the proposal contains provisions that are much broader than state law in 15-38 (b)(2) and (b)(3).  The language proposed in 15-38 (b)(2) and (b)(3) would allow unexpended campaign funds to be given to another candidate for city office, as well as issue committee campaigns for both city and state ballot questions.  This is markedly different than state law, which allows transfers to political parties but prohibits transfers to candidates, political committees, and issue committees. 

 

The language as proposed will create the potential for conduit problems.  If a donor gives to candidate A, they are not consenting to a contribution to candidate B or issue committee X.  Although a donor may support an individual candidate, there is no guarantee that they would also choose to support that candidate’s choice of recipient candidate or issue campaign.  In addition, there is a lack of transparency with respect to who is ultimately funding the recipient campaign.  If a candidate wishes to give unexpended funds to another cause, the most appropriate solution—both in terms of transparency and guaranteeing the donor’s intent—is to refund those contributions and allow the donors decide how to allocate their funds.

 

We appreciate the City Council taking the time to review Denver’s elections policies and make changes as needed.  Section 15-38(b)(2) and (b)(3) will create the possibility of conduit problems related to campaign contributions.  We urge council members to resist such a change and maintain the confidence of donors by respecting their giving choices.  Colorado Common Cause respectfully recommends that the City Council reject these amendments to the elections code.

 

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For more information, please contact:

Jenny Rose Flanagan, Executive Director, jflanagan@commoncause.org, (303) 292-2163

Elena Nunez, Program Director, enunez@commoncause.org, (303) 292-2163