Chieftain article on campaign finance rule changes omitted that they were pushed by Republican lawyers

A Pueblo Chieftain article by reporter Charles Ashby said that a lawsuit “alleges that [Secretary of State Gigi] Dennis [R] approved new campaign finance rules designed to make it harder for mostly Democratic small-donor committees to function.” But the article neglected to note that the rules Dennis adopted were requested by lawyers for the Republican Party, Republican gubernatorial candidate Bob Beauprez's campaign, and the Republican-backed Trailhead Group.

An August 25 Pueblo Chieftain article by reporter Charles Ashby reported that a lawsuit filed in Denver District Court “alleges that [Secretary of State Gigi] Dennis [R] approved new campaign finance rules designed to make it harder for mostly Democratic small-donor committees to function by redefining volunteers' roles in such groups.” The Chieftain reported that “political groups ... are even running radio spots accusing her of doing so solely to benefit her own party.” However, the Chieftain neglected to note recent reporting that lawyers for the Republican Party, Republican gubernatorial candidate Bob Beauprez's campaign, and the Republican-backed Trailhead Group originally requested the rules Dennis adopted. In one case, Dennis reportedly adopted “in its entirety” a rule the Republican lawyers requested.

Ashby's report appeared to refer to three rules Dennis adopted. An August 23 article in The Denver Post reported that Dennis's “rules ... appear to make it more difficult for Democratic campaigns. They were issued just two and a half months before the November election.” According to the Post, one rule would require “groups that have membership dues” -- such as labor unions -- to get “written permission from each member to transfer the dues to a political or small-donor committee.” The Post reported that a second rule states that “political committees must 'declare, under penalty of perjury' that they believe all contributions received are from permissible sources, such as legal residents. This includes contributions received from membership dues.”

Dennis's third rule change alters the definition of a campaign “contribution.” The Post reported in its August 23 article that attorney Mark Grueskin, who represents the groups challenging Dennis's rules, argues that this rule change would, in the Post's words, “prohibit precinct walkers, door knockers and other volunteers associated with get-out-the-vote efforts” by requiring that some volunteer-related activities be reported as campaign contributions. (Grueskin also serves as counsel for Colorado Media Matters.) Ashby's Chieftain article reported that Dennis disagrees and has “said the rules adopted Aug. 2 are intended to make it clear that volunteer service is not a campaign contribution, and not the other way around as charged in the lawsuit.”

While Ashby's August 25 Chieftain article stated that "[s]everal political groups have criticized Dennis for approving the new rules and are even running radio spots accusing her of doing so solely to benefit her own party," it omitted significant evidence supporting these groups' charges.

An August 24 Post article by staff writer Karen E. Crummy, for example, reported that “records show” that “Dennis made controversial changes to Colorado campaign-finance rules after requests from lawyers who work for the state GOP, gubernatorial candidate Bob Beauprez and a powerful Republican political committee.” According to the Post, Beauprez campaign attorney Scott Gessler and Colorado Republican Party and Trailhead Group attorney John Zakhem made “in-person requests to Dennis” for the rule changes. The Post reported that “Gessler acknowledged politics played a role”:

Lawyer Scott Gessler, who does work for Beauprez and his campaign, and attorney John Zakhem, who counsels both the GOP's Trailhead Group political committee and the state Republican Party, said they made the in-person requests to Dennis on behalf of themselves, not a client.

But Gessler acknowledged politics played a role.

“It was not my sole motivating factor to help Bob Beauprez, but was I conscious of it? Yes,” he said. “The rules are riddled with exceptions that help out Democratic constituencies.”

The Post also noted that Dennis “said the issue was first broached by the two lawyers, not by citizen complaints” and that Dennis adopted “in its entirety” one rule proposed by Zakhem and Gessler:

Both Zakhem and Gessler proposed requiring groups to get written permission from each member to transfer dues to a political or small-donor committee. That was adopted in its entirety by Dennis.

Zakhem suggested that small-donor committees declare under penalty of perjury that all contributions received through membership dues are from “permissible sources,” such as legal residents.

Attached to his memorandum was a list 12 [sic] small-donor committees that raised $1.6 million from anonymous donors for Democratic interests in 2004.

Similarly, an August 25 Rocky Mountain News article by reporter Lynn Bartels stated in reference to Dennis's rule changes, “The language in one new provision was taken verbatim from a recommendation by GOP attorneys John Zakhem and Scott Gessler.”

Ashby's article noted that Dennis has endorsed Beauprez but did not report any information about Zakhem and Gessler's rule-change requests. In addition, though Ashby's article identified Dennis as “a former Republican state senator from Pueblo West,” it did not inform readers she was appointed to her current position by Gov. Bill Owens (R), who helped found The Trailhead Group. (The Post and News articles also did not note Dennis's appointment by Owens.) The Colorado Republican Party's website lists Dennis along with other Republican officials as part of “Your Republican Leadership.”

From Ashby's August 25 Pueblo Chieftain article, “Lawsuit frivolous, secretary of state says”:

Secretary of State Gigi Dennis said a lawsuit filed against her office this week over new campaign finance rules is frivolous and a waste of taxpayer money.

The suit, filed in Denver District Court, alleges that Dennis approved new campaign finance rules designed to make it harder for mostly Democratic small-donor committees to function by redefining volunteers' roles in such groups.

But Dennis, a former Republican state senator from Pueblo West, said the rules adopted Aug. 2 are intended to make it clear that volunteer service is not a campaign contribution, and not the other way around as charged in the lawsuit.

[...]

Several political groups have criticized Dennis for approving the new rules and are even running radio spots accusing her of doing so solely to benefit her own party.

Earlier this summer, Dennis was called on to recuse herself in Mark Holtzman's challenge of her ruling that his campaign did not collect enough signatures to make the Republican primary earlier this month.

Dennis already had come out in support of U.S. Rep. Bob Beauprez, R-7th District, in the governor's race. She even was named as a possible running mate in the two-term congressman's bid against Democrat Bill Ritter.