Colorado Politics

Aurora Mayor Mike Coffman sues city over new campaign finance law ‘designed to silence him’

Aurora Mayor Mike Coffman has filed a lawsuit against the city of Aurora due to reform to its campaign finance law passed by the City Council last year, claiming the new law violates his freedom of speech.

The law limits donations from individuals and committees to $1,000 in at-large and mayor races and $400 for city council wards. It also bans contributions from “artificial persons” and increases transparency of donations and enforcement of regulations.

In his lawsuit, Coffman alleges that the law’s restrictions were specifically targeted at him.

“I agree with the contribution limits placed on candidates,” Coffman said. “But under the cover of campaign finance reform, the sponsors of this proposal … have blatantly violated both the Colorado and U.S. Constitutions by inserting unrelated provisions designed to silence me.”

Before the law went into effect on Jan. 1, 2021, Aurora imposed no limits on donations to candidates. Because of this, city elections had become increasingly expensive.

The 2019 mayoral race in which Coffman was elected was the most expensive election in the city’s history, reaching $1 million in fundraising nearly a month before the election.

Two weeks before the election, Coffman received $50,000 in a single finance disclosure period. Some of his contributions included $5,000 from oil and gas operator Benson Mineral Group and $2,500 from real estate mogul Larry Mizel.

The lawsuit also claims that the law prohibits former and future candidates from pushing for ballot issues or helping other candidates with their campaigns, which Coffman argues is intended to prevent his supporters from mobilizing in support of other candidates.

“Mike Coffman has a constitutional right to encourage his friends and neighbors to vote a particular way, to volunteer for other people’s campaigns, and to voice his opinions on the issues just like anyone else,” said Dan Burrows, legal director of the Public Trust Institute which is representing Coffman.

“There’s nothing corrupt or nefarious about one candidate helping another. It’s a natural part of coalition building.”

Councilman Juan Marcano, who sponsored the ordinance with Mayor Pro Tem Nicole Johnston, dismissed the claim that the new law prevents council members from supporting other campaigns.

“The mayor is so vain he actually thinks this law is about him,” Marcano said.

“This ordinance does not make it illegal for any council members to support or oppose candidates. I find it interesting that the only parts of the law that he is attacking are coordinating with/disclosing dark money.”

Councilwoman Alison Coombs also said the law doesn’t prevent supporting other candidates.

“I’m committed (to) supporting candidates within the law as written,” she said.

After over a year of drafting and community outreach, the City Council passed the campaign finance reform in November with a 7-3 vote, with only council members Dave Gruber, Marsha Berzins and Francoise Bergan voting no.

Prior to its passing, Coffman issued a competing finance reform plan that was killed at vote in October. Coffman’s plan had similar donation limits but significantly lower violation fees, with a $100-per-day fee compared to Johnston and Marcano’s fee of $500 to $1,000 per day.

Johnston’s and Marcano’s ordinance also threatens anyone intentionally violating finance requirements with a fine of $10,000 or three times the contribution, whatever is greater.

The ordinance was one of five campaign finance reforms passed in Colorado in the past three years, including Denver’s 2018 Fair Elections Act and similar 2019 reforms in Lakewood.

The ordinance was endorsed by organizations including CleanSlateNow Action, PDA Colorado, Our Revolution Metro Denver, Colorado Working Families Party, Colorado Common Cause, DSA Colorado, Indivisible CD6, The Campaign Legal Center and Democracy Enter Colorado.

Mayor Mike Coffman stands in front of flags in the Aurora city hall on Wednesday, Oct. 14, 2020.
John Leyba, special to Colorado Politics
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