A voice-mail message that all-but-announced Republican gubernatorial candidate Scott McInnis left on an unidentified machine has raised questions about whether the former congressman is inappropriately coordinating with a 527 political group.
Candidates and their committees are barred by law from collaborating with the 527s on campaign messages and how money is spent.
In the voice mail, posted first by , McInnis says, “We’ve got Sean Tonner on board . . . Sean’s doing our 5, our, ah, 527.”
McInnis, who verified that he left the message, pointed out that he has not officially announced his candidacy or formed a candidate committee, so the rules do not yet apply.
And what he really meant to say was that Tonner, president of consulting firm Phase Line Strategies, is a supporter and is answering questions about potential future 527s, he said.
“I should have said Sean Tonner is the one I’m looking to for answers on this,” McInnis said. “The law doesn’t prohibit you from discussions on ‘This is what’s going to be needed.’ ”
Tonner did not respond to a request for comment.
McInnis said the message is being ballyhooed by those jealous of his ranking in a recently released public poll, which showed him as the only Republican beating Gov. Bill Ritter.
McInnis may not have technically broken campaign laws, said Colorado Common Cause Director Jenny Flanagan, but there is one simple rule when it comes to 527s: Don’t talk to them.
“It’s certainly a violation of the spirit,” Flanagan said.
The Colorado Constitution says: “A person is a candidate for election if the person has publicly announced an intention to seek election to public office . . . and thereafter has received a contribution or made an expenditure in support of the candidacy.”
In statements to the media — which count as public announcement under the secretary of state’s rules — McInnis has said running against potential GOP gubernatorial rival state Sen. Josh Penry “will be a little awkward.”
On Friday, Monica Owens sent an e-mail from her Phase Line account inviting people to a May 5 meet-and-greet with McInnis, saying “Come Meet Colorado’s Next Governor!”
In his voice mail, McInnis says “Monica Owens is working for us through Sean Tonner.”
He said Thursday he’s just building support ahead of his candidacy.
“I don’t have a campaign. I’m not a candidate,” McInnis said. “That’s the next step.” He says he hasn’t spent any money in support of his campaign, though in the voice mail, he says he’s “done extensive polling.”
Jessica Fender: 303-954-1244 or jfender@denverpost.com
What McInnis said
On the voice mail:
“We’ve done extensive polling. This guy is beatable.”
What he said Thursday:
“I haven’t paid for polling. I try to go on websites and places like that and take a look at those polls.”
What the law says:
Paying for internal polling would count as a campaign expenditure, triggering “candidate” status.
