Campaign Finance Complaint Against Democrat Lobbyist Fundraiser

8/2/2019 Campaign Finance Complaint Against Democrat Lobbyist Fundraiser

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March 1, 2012

Tom Cave1618 Emerald St.Broomfield, CO 80020(720) 849-2462

Attorney for Complainant:Jessica K. Peck, Esq.Open Government Institute of Colorado700 16

thAvenue

Denver, Colorado 80203Ph: 720-628-5756

Email: [email protected]

Respondent:Anne McGihon837 Sherman StreetDenver, Colorado 80203

On or about February 28, 2012, Dianne Primavera (hereinafter “Primavera”) distributed an emailinvitation to an unknown number of recipients soliciting contributions and attendance at a March11, 2012 fundraiser benefitting her Colorado House of Representatives candidate campaign. Theinvitation included a Registered Lobbyist as Co-Host for the event in direct violation of ColoradoRevised Statute § 1-45-1-5.5(1)(a). (“March 11

thInvitation” attached as Exhibit A).

SUMMARY OF RELEVANT FACTS

As set forth in the invitation’s introduction, the event is to sponsor a Colorado House candidatecampaign:

“Spring is about to be sprungyou can feel it in the air-aLet’s help re-elect Dianne Primavera!”

The Invitation provides contribution amounts which start at $50 for “guest”, $100 for “friend”,$175 for “co-host” and $250 for “host.” The Invitation includes 13 host committee members, 11of which are sitting legislators and two of which are former legislators, including PaulWeissmann and Anne McGihon (“McGihon”). McGihon is a Registered Lobbyist in the State of Colorado (McGihon Registration attached as Exhibit B).

mailto:[email protected]






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APPLICABLE LEGAL STANDARDS

The Colorado Campaign Reform Act, C.R.S. § 1-45-1-5.5(1)(a), prohibits registered lobbyistsfrom soliciting contributions for members of the General Assembly when the General Assemblyis in session:

“No professional lobbyist, volunteer lobbyist, or principal of a professional lobbyist orvolunteer lobbyist shall make or promise to make a contribution to, or solicit or promiseto solicit a contribution for: (I) A member of the general assembly or candidate for thegeneral assembly, when the general assembly is in regular session.”

The Colorado General Assembly has been in session from January 11, 2012 to present.

STATE LAW VIOLATIONS

McGihon violated C.R.S. § 1-45-1-5.5(1)(a) by authorizing her name to be used as a co-host tosolicit contributions for a Colorado House of Representative candidate campaign during theColorado legislative session because she is a registered Lobbyist.

McGihon’s illegal conduct may not be limited to this incident. McGihon also co-sponsored aFebruary 23, 2012 fundraiser during the 2012 Colorado legislative session purportedly to benefitthe Colorado Democratic Party’s “House Majority Project”. This invitation made clear that thebeneficiaries of the political fundraiser were Democratic Colorado House candidates. Theinvitation read:

“Colorado's recent redistricting has resulted in an estimated 35 competitive State House

districts. Help Take Back the House!”

According to the HMP’s website, the organization is an “initiative of the Colorado DemocraticParty.” The February 23 Invitation opened by identifying “35 competitive State House districts,”in need of financial support, and also identified Rep. Daniel Kagan, D-Denver, (who emailed outthe invitation) as an attendee at the event (“February 23 Invitation” Attached as Exhibit C).

Multiple news outlets, including The Colorado Statesman, identify Kagan’s reelection race asone 2012’s most competitive legislative races, with the Statesman calling the race a “toss up”.

Other notable attendees listed on the invitation are all Democrats, including House MinorityLeader Mark Ferrandino, Rep. Lois Court, Rep. Beth McCann, Sen. Irene Aguilar, Sen. PatSteadman and Sen. Joyce Foster, all from Denver. (Seehttp://coloradostatesman.com/content/993322-colorado-legislative-races-12-watch-2012).



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ANCILLARY MATTERS

While Primavera is not identified as a party to this complaint, her actions demonstrate a seriousethical lapse. Multiple registered lobbyists received the invitation for Primavera’s event fromPrimavera personally, and thus Primavera appears to be purposefully disregarded state lawsprohibiting lobbyists from soliciting campaign funds during the legislative session. Thisprohibition is critical in preventing situations where lobbyists are asked for politicalcontributions at the very same time lobbyists are asking for votes. Colorado has theserestrictions in place to avoid “Chicago Style Politics” and Primavera’s decision to disregardthese laws is problematic.

Through undersigned counsel, Tom Cave (“Complainant”) submits this Complaint to be referredto the Office of Administrative Courts for a hearing. The Complainant requests an expedited

hearing based on the fact that the fundraising event to be hosted by a Lobbyist is less than 15days away.

Sincerely,

/s/ Thomas E. Cave_______________

Thomas E. CaveComplainant

/s/ Jessica K. Peck. Esq.___________Jessica K. Peck, Esq. #42199Attorney For Complainant

**Original signatures appear on cover pageaccompanying this complaint.



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EXHIBIT A:



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EXHIBIT B:



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EXHIBIT C:

Documents

Campaign Finance Complaint Against Democrat Lobbyist Fundraiser