Republican Marc Holtzman broke campaign finance laws by using an anti-Referendum C committee as a shadow gubernatorial campaign, a lawyer argued Wednesday.
The allegations came at the opening of a legal proceeding that could ultimately reshape the state’s campaign laws.
Republican Steve Durham, a lobbyist, filed a complaint with the secretary of state’s office last month alleging Holtzman and his campaign were inextricably linked with the “If C Wins, You Lose” group in violation of state laws.
Holtzman’s campaign admits working with the group but says it did nothing wrong.
At issue is how much coordination and control is permitted between issue and political committees and candidate campaigns. Political committees are not bound by the same stringent fundraising limits as candidate campaigns. The case before an administrative law judge could ultimately clarify whether and how such groups can work together.
Holtzman’s opponents allege he used the anti- Referendum C committee as a back door to bolster his campaign for governor and get around the $1,000 candidate contribution limits. Holtzman’s father gave $100,000 to the issue committee.
Referendum C was approved by voters in November. It allows the state to keep revenues – estimated at $4.25 billion over five years – that would have been refunded to taxpayers under the Taxpayer’s Bill of Rights.
Durham, through his attorney, Scott Gessler, alleged that Holtzman and his campaign were involved in making If C Wins ads. He said the campaigns also shared polling data and, in some instances, pooled resources.
Gessler pointed to phone calls between Holtzman’s campaign and the committee’s employees, discussions about radio and TV ads that he appeared in and the fact that Holtzman’s campaign headquarters were only a block away from the If C Wins office.
“They were effectively bound at the hip,” Gessler said.
Dick Leggitt, campaign manager for Holtzman, didn’t deny that the campaign tried to help the committee, as well as others opposed to Referendums C and D.
“But we maintain we didn’t do anything wrong. We didn’t control them,” he said after the administrative law hearing.
Holtzman, the state’s former secretary of technology, is expected to testify today.
This isn’t the first time this issue has come up. Bob Beauprez, who is running against Holtzman for the GOP nomination, asked Secretary of State Gigi Dennis for an advisory opinion in October.
Dennis, however, declined to make a ruling.
Staff writer Karen Crummy can be reached at 303-820-1594 or kcrummy@denverpost.com.
