The fight over a Golden think tank’s role in the debate on Referendums C and D is scheduled for an administrative court hearing Oct. 5, but a new pre- hearing disagreement over evidence could result in delays.
Proponents of the November ballot questions on state tax policy filed a complaint about the Independence Institute with the state in August, alleging it had violated election laws by failing to register with the state as a so-called “issue committee” participating in the campaign. Such groups are required to disclose where they get their money and how they spend it.
On Wednesday, the Independence Institute received a subpoena with a proponents’ request for 13 sets of records, including calendars, correspondence, invoices and fundraising information. Proponents also want to depose the president of the conservative nonprofit group, Jon Caldara.
By Friday, Caldara said he “probably” would ask a federal judge to intervene. He said he believes the complaint is an assault on the First Amendment rights of his think tank’s donors.
“This is a big issue,” Caldara said Friday. “When the special interests are trying to kill free speech, we’re going to give it the attention it deserves.”
A state administrative hearing room, he said, is the “wrong venue” for that issue.
But Jim Grueskin, an attorney for the proponents, accused Caldara of trying to change the subject and postpone the hearing until after the Nov. 1 election.
“If a client of mine didn’t want to have a hearing on an issue like this one, then perhaps Mr. Caldara’s approach is the one to take,” Grueskin said. “But it’s all about avoidance. It’s not about resolution.”
The think tank has paid for radio ads about the proposed suspension of the Taxpayer’s Bill of Rights. Caldara also heads up a registered Vote No issue group: Vote No; It’s Your Dough.
Proponents argue that the radio spots advocated a “no” vote, but Caldara describes them as educational pieces that describe what the referendums do. One ad accused proponents of exaggerating the state’s fiscal challenges and the need for a TABOR suspension.
The Vote Yes campaign also wants to know if Caldara’s Vote No campaign committee has set up its own bank account or if its finances are commingled with Independence Institute money, Grueskin said.
Staff writer Jim Hughes can be reached at 303-820-1244 or jhughes@denverpost.com.
