DENVER—Even in the realm of negative campaigning, this may be a first in Larimer County: two congressional candidates asking prosecutors to investigate whether claims in each other’s ads are criminally false.
It is illegal under Colorado law to knowingly or recklessly make false statements to affect an election.
But even as prosecutors investigate the claims of incumbent Republican congresswoman Marilyn Musgrave and Democratic challenger Betsey Markey, voters will see less of Musgrave’s ads on television after Monday—and each candidate claims the move is a sign they’re close to victory.
The Markey campaign once accused Musgrave in an ad of being one of the “most corrupt” politicians in Washington, according to the group Citizens for Ethics and Responsibility. The Fort Collins Coloradoan later reported the claim stemmed from an accusation that Musgrave was running her campaign out of her Loveland district office. The newspaper said the charge was dismissed by the Federal Election Commission.
Musgrave, meanwhile, has focused on Markey’s business dealings, accusing her of using her position as a staffer with Democratic U.S. Sen. Ken Salazar from 2005 and 2007 to get government contracts for her family business, Syscom Services Inc. The company offers consultation services on Web sites, electronic communications and data processing.
In some of the ads, Musgrave’s challenger is referred to as “Millionaire Markey.” Another Musgrave ad didn’t disclose that a federal complaint was filed by one of her supporters and state GOP chair of the 4th Congressional District. The ad said Markey faced prison time if found guilty of the complaint, drawing a sharp rebuke from Salazar, Markey’s former boss.
The federal General Services Administration, the government’s biggest acquisition agency, has said they’ve found no evidence there was any impropriety by Markey or her company.
By early October, Musgrave and Markey had filed investigative requests with the DA’s office.
Larry Abrahamson, the Larimer County District Attorney, said both candidate’s requests for investigation were forwarded to the Colorado District Attorney’s Council, who will determine whether there are any offenses to prosecute.
Abrahamson said it’s the first case he’s aware of where two congressional candidates in his district filed complaints against each other.
“I expected it to be negative, but frankly I expected it to be negative on policy grounds,” said Ken Bickers, professor and chair of the political science department at the University of Colorado. “I would describe (the ads) as hide-the-children negative,” said Bickers, who added that he doesn’t remember seeing a congressional race even outside of Colorado as rough as this one.
Scott Moore, a political scientist at Colorado State University, said the Musgrave focus on Markey’s contracts may be the troubled incumbent’s best shot at hanging on. Moore said Musgrave wants voters to question Markey’s honesty, not focus on the incumbent’s GOP credentials in a down year for the party.
“Unless they want to throw in the towel, they have to go this way. It’s sort of the loneliness of the super conservative,” Moore said.
But Moore questioned why Markey appears to be responding by raising esoteric questions of her own about Musgrave, rather than hitting the incumbent on a simple pitch as being too conservative or out of touch.
“I’m puzzled a little bit on both sides,” Moore said. “The Democrats in the district haven’t been the swiftest cats in the jungle.”
Meanwhile, the National Republican Congressional Committee said its Musgrave ads will stop running Monday, but spokesman Brendan Buck would not elaborate why. The move will save the committee $600,000, Buck said.
“I think it’s confirmation of the fact that we have the resources and our standing in the race is that we can get to the finish line under our own steam,” said Musgrave campaign manager Jason Thielman. “There are more Republicans in a more desperate situation that can’t succeed without the last-minute help of the NRCC,” he said.
Markey’s camp disagrees.
“I think the national Republican Party pulling their ads down is a pretty clear indication her (Musgrave) negative campaign ads are backfiring,” said Ben Marter, a Markey spokesman. “To lose your national support is significant.”
According to the Federal Election Commission, Musgrave had $798,310 cash on hand by Sept. 30, while Markey had $381,894.
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Associated Press Writer Kristen Wyatt contributed to this report.
