There are few political tactics sleazier than the robocall that targets citizens in their homes with computerized attack ads. We believe it should be illegal to send these automated smears to citizens who try to protect their privacy by opting into the state’s no-call list.
State Rep. Alice Borodkin, D-Denver, filed an ethics complaint Tuesday against lobbyists William Mutch of Colorado Concern and Steve Durham of the Colorado Association of Homebuilders, in relation to a recent robocall assault. In our view, her criticism of Colorado Concern seems justified, but we aren’t aware of any evidence that Durham played a role in the robocalls.
Borodkin said she and Rep. Alice Todd, D-Aurora, each received about a dozen calls from constituents angry after receiving robocalls that accused the two legislators of sponsoring a bill that would raise taxes on homes.
No one has yet produced a transcript of the calls, but if that’s what they said, Borodkin is right to denounce them. The calls were apparently aimed at House Bill 1338, which is sponsored by Rep. Jack Pommer, D-Boulder, not Borodkin or Todd. That bill makes it easier for homeowners to sue builders for construction defects. Opponents argue HB 1338 would raise the cost of insurance for builders and ultimately the price of homes, but it in no way affects taxes. Borodkin blames the misleading calls on a Virginia firm that specializes in such tactics and that has been hired to conduct such campaigns in Colorado before.
Borodkin hasn’t produced any evidence to back her charge that the homebuilders lobby co-sponsored the calls. Durham says that when he learned about them, he e-mailed Mutch, telling him to call off the robo-dogs, reflecting his premonition that the calls could backfire.
Mutch said the calls were paid for by Rick Sapkin, a commercial developer who serves as chairman of Colorado Concern – but that Sapkin was acting as an individual, not as head of the group. We’ll take that with a big grain of salt while advising Sapkin to leave robocalls out of his repertoire.
More basically, we urge the legislature to add political robocalls to the list of commercial solicitations that can’t be sent to Coloradans who have signed on to the no-call list. Political calls by people are protected speech. But computers have no constitutional rights – and citizens should be given the chance to reject automated harassment that comes unbidden on the phone services they buy with their hard-earned money.
