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Group that supported Douglas County anti-voucher candidates fined in campaign finance case

Author: Erica Meltzer, Chalkbeat Colorado - March 3, 2018 - Updated: March 3, 2018

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Krista Holtzmann, left, and Anne-Marie Lemieux, directors on the Douglas County School Board, listen to speakers during a meeting Monday, Dec. 4, 2017, in Castle Rock, Colo. A new anti-voucher majority on the board was set to eliminate a program enacted by an earlier conservative-dominated board to help public school students attend secular and religious schools with taxpayer-funded vouchers. (AP Photo/David Zalubowski)

A political committee that supported a slate of anti-voucher candidates in the Douglas County school board race has been ordered to pay a $1,900 fine related to campaign finance violations.

Back in the fall, the group Campaign Integrity Watchdog filed a complaint against Douglas Schools for Douglas Kids that alleged the group failed to properly report donations and expenditures.  Douglas Schools for Douglas Kids is an independent political committee, which can spend an unlimited amount of money to advocate for candidates.

The Douglas County race was one of the most high-profile school board races in the state, and outside money from all sides flowed into the campaigns. The union-backed CommUnity Matters candidates won all four open seats, and as promised, they promptly ended the school district’s years-long defense of a controversial voucher program.

An administrative law judge ruled that some of the allegations in the complaint were not actually violations and that others were mistakes that the independent expenditure committee quickly corrected. For the most part, there was no intent to deceive the electorate, the judge found, and interested voters had ample opportunity to learn that teachers unions had donated to Douglas Schools for Douglas Kids and that the group had spent money on campaign materials.

But in one instance, the judge found that Douglas Schools for Douglas Kids waited too long to report spending on digital communications sent in the weeks right before the election. That’s the violation for which the group must pay a $50 a day fee, adding up to the $1,900.

The complaint from the elections watchdog group, which has previously filed complaints against Democrats and Republicans, alleged that Douglas Schools for Douglas Kids:

  • Failed to report a $1 donation used to open a bank account
  • Failed to report a $300,000 donation from American Federation of Teachers Solidarity
  • Failed to disclose more than $50,000 spent on campaign mailers within the 48-hour window required when money is spent in the last 30 days before an election

The judge found that the failure to disclose the $1 donation for the bank account was not a violation at all because the amount was so small. The $300,000 donation, meanwhile, was reported as coming from American Federation of Teachers. According to the judge’s ruling, when someone on the union side tried to correct the entry, they accidentally made a new entry for American Federation of Teachers Solidarity, giving the appearance of an additional unreported donation. While the failure to report the full correct name was a technical violation, the judge wrote that little harm was done, and the mistake was quickly fixed.

The purpose of campaign finance law is transparency, the judge wrote, and that was accomplished “by disclosing the key fact that a large national union of teachers was attempting to influence the election.”

On the spending side, the independent committee erred, the judge ruled, in not reporting expenditures on mailers within 48 hours of obligating the money. However, most of the spending was reported soon after the committee received invoices and again more than a week before the election. And because the committee’s name appears on the mailers, there was little concern that voters would have been deceived, the judge wrote.

However, in one instance involving roughly $1,800 for digital communications, the group did not disclose until its final campaign finance report in December, well after the election. It was this violation that prompted the judge to impose the fine.

Erica Meltzer, Chalkbeat Colorado