Is Democratic candidate Vivian Smotherman, who’s running for one of Colorado’s hottest state senate seats, violating Colorado’s campaign finance laws and regulations?

Smotherman has used more than $1,000 of campaign contributions to pay for clothes, hair styling and a consultant (who’s also the hairstylist) on her appearance.

The state’s campaign finance manual doesn’t specifically prohibit a candidate from spending campaign contributions on hair and clothes. Still, it states candidates “may not use contributions for personal purposes not reasonably related to the election of the candidate.” The manual’s only specified language on permissible use of campaign contributions for personal use is for child or dependent care.

Aly Belknap of Colorado Common Cause said campaign funds should be used for legitimate campaign expenses.

“My interpretation is that a candidate’s personal appearance isn’t material” and a necessary expense for the office, she told Colorado Politics.

She also, however, said this appears to be an untested area of campaign finance regulations.

Smotherman’s first expenditure, to the consultant for “style and appearance consulting,” was made on Jan. 1, 2024, the same day Smotherman filed her affidavit to run for the Senate district that covers southwestern Colorado from the Utah state line all the way east to Alamosa.

According to reports filed with the Secretary of State, by mid-January, Smotherman had spent another $613 on hair and makeup with the same consultant and at two stores for “professional clothing for campaigning, style and appearance. “

She paid for more clothing in March and June and for alterations, all with campaign cash. The total reported was $1,075.93.

Smotherman told Colorado Politics she checked with the Secretary of State to see if those expenditures were allowable and was told no one had ever asked that question before.

A spokesman for the Secretary of State’s office told Colorado Politics, “If any person believes a campaign finance rule has been violated, they may file a formal complaint with the Secretary of State’s office. Because any such matter may come before the department, we cannot comment further.”

Colorado Politics could not find any campaign finance complaints on the Secretary of State’s website related to the use of campaign funds for a personal expenditure of this type.

Senate District 6 is on Democrats’ wish list for flipping the seat from Sen. Cleave Simpson, R-Alamosa. Doing so could bring Democrats to the magic number of 24, giving them a veto-proof majority in the state Senate.

Democrats currently hold a 23-12 advantage in the upper chamber.

Republicans have begun ramping up campaign spending to defend Simpson. As of Sept. 30, the Senate Majority Fund independent expenditure committee had spent $134,507 to help re-elect Simpson.

So far, Smotherman has raised just over $59,000 and loaned her campaign another $12,000. Simpson has collected $142,000 in contributions. As of Sept. 30, Smotherman had about $28,000 left for the last month of the campaign; Simpson has almost $88,000 left.