State seeks $50K penalty against GOP candidate Victor Marx over alleged campaign finance violations
Republican gubernatorial candidate Victor Marx is looking at more than $50,000 in fines in what the Elections Division of the Office of the Secretary of State calls “unprecedented” campaign finance violations.
The state has not imposed that fine yet, and official scheduling documents indicate that a hearing on the matter is set for Sept. 10, continuing into Sept. 11, “if necessary.”
In an Aug. 31 prehearing statement, the state alleges the campaign accepted at least 204 contributions over Colorado’s $1,450 per-person contribution limit, with those excesses totaling $83,560 from 111 different contributors.
According to the filing, the Marx campaign publicly acknowledged receiving contributions above the limit and corrected the problem by refunding the excess or, in some cases, reassigning it to a contributor’s spouse or other joint account holder.
The state is asking for a total fine of $51,427, including a base penalty of $28,767 for the contribution-limit violations plus a 75% aggravating fee, bringing that to $50,323. There is also an additional $1,104 for the excessive cash donations.
Marx campaign finance manager Buddy Jericho has historically said that campaign compliance is important and that the Marx group is working to resolve any outstanding questions.
The outfit argues that it has complied with the law by implementing “new controls.”
“We are contesting both the characterization of the matter and the (fine) requested,” Jericho told 9NEWS. “When contributions were inadvertently accepted above the limits, we worked in good faith to refund, reattribute or otherwise resolve them.”
However, the dispute is less about whether excessive contributions entered the campaign than about whether the Marx camp fixed the problem in a timely manner and whether the claimed reattributions of excess funds are legal.
Timing seems to be a major element of the state’s argument, with officials citing that Marx knew about the excess contributions but did nothing until complaints were filed.
The Marx campaign had advised the Elections Division it would cure the violations, but on July 17 the office said the campaign failed to substantially comply.
Records indicate that the Marx campaign refunded about $61,029, well short of the expected $83,560.
The state argues that, despite the refunds, the fixes were incomplete and adds that it has yet to receive adequate proof of the claimed reassignment to spouses and joint account holders.
The state is asking for a total fine of $51,427, including a base penalty of $28,767 for the contribution-limit violations plus a 75% aggravating fee, bringing that to $50,323. Then there is an additional $1,104 for the excessive cash donations.
Marx, who defeated two Republican lawmakers to win the GOP nomination, declared last month that he only intends to debate Attorney General Phil Weiser, the Democratic nominee, once before the general election — and he said he would only do so without a moderator.
Weiser debated independent candidate Greg Lopez on Aug. 27.
So far, Marx has passed on multiple debate invitations, though he has agreed to appear at a moderated forum sponsored by the Colorado Chamber of Commerce in Denver on Oct. 8.

