It’s a common saying: money talks. Our campaign finance laws allow money to speak loud and clear.

In recent municipal elections, the blandly named Metro Housing Coalition, an organization supporting homebuilders and related businesses, sent $146,000 in election campaign dollars to another blandly named entity, Housing for Colorado, an independent expenditure committee (IEC). Independent expenditure committees don’t declare their individual campaign donors, but their money “talks,” often in scurrilous whispers and deceitful allegations.

Bill Ray of WH Communications is the communications and media consultant for the Colorado Association of Home Builders, a backer of Housing for Colorado IEC. It was his job during the recent elections to work city council campaigns with candidates favoring home builders. Given the money at stake in home building, his $146,000 pot was a small investment to elect city council members. Homebuilders’ candidates received direct contributions from homebuilders as well as indirect support from Housing for Colorado. In smaller city elections, a modest dollar contribution goes a long way. Ray’s candidates weren’t universally victorious, probably losing in Thornton and definitely losing in Aurora.

Commerce City was where Housing for Colorado’s funds were particularly disruptive. Some in Commerce City’s business community, especially homebuilders, do not like the anti-pollution, anti-fracking, pro-neighborhood school positions of Ray’s three opposition targets: incumbents Renée Chacon and Kristi Douglas, and candidate Lucy Molina.

Many homebuilders, who are often property owners as well, have two ways to make money: by building and selling homes and taking advantage of mineral rights from owned land. The current Commerce City council, including incumbent candidates Chacon and Douglas, put in place a two-year moratorium on oil-and-gas drilling and limited new gas station development within city limits. Bad for business.

City Council candidate Molina, a member of the Adams 14 school board, is a firebrand leader against industrial pollution and oil-and-gas hydraulic fracturing. She also is a determined supporter of public schools, voting with the school board to prevent an onslaught of charter schools from entering the district.

Put these elements together, and it’s easy to see why some business-oriented interests in Commerce City wanted to be rid of the three women in any elected office. Ray had strategies to make sure the women would lose.

According to a recording by a Commerce City constituent, Ray met with a group of influencers to take down the three candidates using social media. He offered $300 to rent a space for a forum rigged against the opponents. He stated the influencers could have all the resources they needed. The three candidates got wind of Ray’s plans and social media dirty tricks, reminiscent of the Nixon Watergate shenanigans. Chacon subsequently chose not to attend forums sponsored by the Chamber of Commerce. Molina and Douglas did attend.

Candidates supported by Ray stated at the first Chamber candidate forum they received donations from developers, but they did not disclose, and perhaps did not know at that time, they were also the beneficiaries of thousands of dollars of dark money helping them out. Ray’s IEC spent $42,500 dollars to hire and coach paid individuals for canvassing and door knocking neighborhoods to support his candidates and undermine his three targeted opponents. These Housing for Colorado expenditures were unique to Commerce City. 

Ray did talk with his candidates some time after the Chamber forums. Interactions between IECs and candidates are prohibited as they are considered coordination. Coordination violates campaign finance laws. In general, however, violations earn a slap on the wrist.

Molina protested what she called “election interference” but is more accurately considered disruption. Campaign rules and free speech principles are lenient. One of Ray’s influencers used a Commerce City social media outlet to call out Molina: “This woman (Molina) is all over the place. She called for a private investigation into campaign interference and harassment she is apparently receiving… This is what she is concerning herself with. There are very few straws for her to grasp for anymore. It’s honestly embarrassing to watch at this point.”

But Molina was correct. The Housing for Colorado IEC through Bill Ray was a conduit for covert election skullduggery. The three targeted candidates lost their elections.

Colorado’s campaign finance laws require IECs to register their contributions and expenditures. IECs operating on state and county elections record their activities at the Secretary of State. Municipalities are treated differently, especially if they are home-rule cities like Commerce City.

Commerce City candidates report their campaign finance transactions with the city. The city clerk posts their affidavits. Because Housing for Colorado acted across municipal jurisdictions, it is allowed to post its transactions only at the Secretary of State, ostensibly so the IEC only had to register and report in one place.

The problem with this lack of transparency is apparent. Citizens in Commerce City looking to understand who’s supporting whom with money logically go to the city clerk’s website. There they see the candidates’ reports. They will not see campaign finance reports from entities, especially IECs, working across jurisdictions.

Commerce City is a harsh political fighting ground. In two years, this contest will repeat. Caveat emptor.

Paula Noonan owns Colorado Capitol Watch, the state’s premier legislature tracking platform.