May 18, 2009

DENVER – Colorado Ethics Watch today supplemented its initial request and renewed its call on Secretary of State Bernie Buescher to launch an immediate inquiry into whether former U.S. Congressman Scott McInnis is in violation of state campaign finance law by publicly announcing his candidacy for governor and subsequently soliciting, receiving or expending campaign funds before registering a candidate committee.  Ethics Watch also asked the secretary of state to investigate whether Mr. McInnis violated laws prohibiting coordination between a candidate and a 527 political organization.

It was reported in the news yesterday that Mr. McInnis again spoke publicly about his candidacy for governor, this time at the Routt County Lincoln Day Dinner.  According to the report, Mr. McInnis said that Colorado campaign laws prevent him from formally announcing his candidacy but that it would be “an understatement” to say that he is “seriously considering” running for governor.    

In early May, an internet news source posted a recording of a voice message left by Mr. McInnis that could run afoul of campaign finance laws.  Specifically, Mr. McInnis announced his candidacy and then solicited support for his campaign by touting the “extensive polling” he had done and the people working on his “finances” and “day-to-day operations.”  According to state law, a candidate must register with the secretary of state’s office before engaging in such campaign activities.  Worst still, Mr. McInnis indicated that he is working with Sean Tonner of Phaseline Strategies to handle “our… ah 527,” a flagrant violation of state and federal laws prohibiting coordination between a candidate and a 527 political organization.

According to the secretary of state’s rules, if the secretary discovers a possible violation of state campaign finance laws he shall provide notice to the person allegedly in violation and the person, within seven days of the notice, must correct the violation or explain in writing why no violation was committed.  If the person does not adequately respond, the secretary can file a campaign finance complaint. 

“Mr. McInnis’ recent statements are further indicia that he is skirting the law to avoid regulation as a properly registered candidate,” said Ethics Watch Director Chantell Taylor.  “Now that this possible violation has been brought to Secretary Buescher’s attention, the rules require that he seek an explanation from Mr. McInnis and we are hopeful that campaign finance laws will be strictly enforced.”