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Posted inNews:Newsletters

Colorado GOP subpoenas top Republican lawmaker as part of unaffiliated voters lawsuit

Plus: Americans for Prosperity Action starts its super PAC spending in Colorado early. Monica Duran’s speech on so-called assault weapons bill.
by Jesse Paul, Sandra Fish and Brian Eason 9:26 AM MDT on Apr 16, 20249:26 AM MDT on Apr 16, 2024 Why you can trust The Colorado Sun

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The Unaffiliated — All politics, no agenda.

A lawyer representing the Colorado GOP subpoenaed a top Republican in the state House last week for records from his 2020 campaign in the latest example of how fractured the party is becoming as election season kicks into high gear.

The subpoena, issued by Colorado GOP attorney Randy Corporon and targeting former House Minority Leader Mike Lynch, R-Wellington, was served as part of the GOP’s drawn-out federal lawsuit seeking to block unaffiliated voters from casting ballots in Colorado’s partisan primaries.

The subpoena seeks all documents and communications related to expenditures “for voter contact through advertisements, direct mail, digital communications, telephone communications or other means” in House District 49, including those with Kathryn Murdoch, Kent Thiry and Unite America.

In 2020, Lynch was running in the Republican primary in House District 49 against against Vicki Marble, then a state senator. The race was one of several GOP primary contests that year that became proxy battles between more mainstream groups, supporting candidates like Lynch, and more hard-line conservative groups, which supported candidates like Marble. (Marble, when she was in the legislature, was a conservative firebrand with a penchant for making offensive remarks.)

Unite America’s federal political action committee, through Colorado subsidiaries, spent in a handful of races to support more mainstream Republican candidates, but campaign finance records show the Lynch-Marble race wasn’t one of them. Lynch got help from other groups though, including Ready Colorado, a conservative education policy nonprofit.

A graphic showing how much the ingredients in a burger have increased
Colorado Rep. Mike Lynch talks to well-wishers Jan. 25 in Fort Lupton before taking part in the first Republican primary debate for the 4th Congressional District seat being vacated by Ken Buck. (AP Photo/David Zalubowski)

At the time, Murdoch, a daughter-in-law of conservative media mogul Rupert Murdoch, served as vice president of Unite America, which advocates for what it considers a more functional government. Murdoch and Thiry, the wealthy former CEO of the Denver-based dialysis giant DaVita, are now co-chairs of Unite America’s board.

Thiry was also heavily involved in the 2016 ballot measure, Proposition 106, that let unaffiliated voters participate in partisan primaries.

The subpoena also seeks from Lynch “all documents and communications related to polling, research and/or analysis of the views and candidates being supported by unaffiliated voters and/or voters affiliated with the Republican Party” with respect to Lynch’s GOP primary that year.

Lynch, who is running for Congress in the 4th Congressional District Republican primary that includes U.S. Rep. Lauren Boebert, won 67% of the vote to Marble’s 23%.

Welcome to The Unaffiliated, the politics and policy newsletter from The Colorado Sun. Twice a week, we take you inside the political arena to deliver news and insights on Colorado politics. Keep reading for even more exclusive news.

If you’re reading this newsletter but not signed up for it, here’s how to get it sent directly to your email inbox. And please send feedback and tips to jesse@coloradosun.com.

  MORE:   The Colorado Sun asked Corporon and Colorado GOP Chairman Dave Williams why the party was subpoenaing Lynch and whether subpoenas had been issued to anyone other than Lynch.

“No comment,” Corporon said in a text message.

Williams didn’t respond. But we know that when he served in the legislature with Lynch, the two men were part of opposite factions of the House Republican caucus. And we know the thinking behind the Colorado GOP’s lawsuit is that unaffiliated voters participating in primaries results in less conservative candidates being sent to general elections.

“I think this is a continuation of an active ploy to destroy the state party by attacking fellow Republicans,” Lynch told The Sun on Monday.

But Lynch, who said he will comply with whatever he must legally, said he’s not totally sure what Corporon and the Colorado GOP are seeking or aiming to prove.

“My best guess is that I was effective in unseating a sitting state senator that fell into their camp in ideology and they’re trying to make sure I don’t do that again to Boebert,” Lynch said, a nod to how Williams and the Colorado GOP have endorsed Boebert in the 4th District Republican primary.

A spokesperson for Unite America confirmed that the organization’s federal PAC, too, had received a subpoena in the lawsuit. A representative for Thiry said he had not as of Monday, nor had a number of other mainstream Republican candidates who ran in contentious primaries in Colorado in 2020, including former state Reps. Colin Larson, Dan Woog and Tonya Van Beber.

In February, Chief U.S. District Court Judge Philip A. Brimmer denied a request from the Colorado GOP to issue a preliminary injunction in the Proposition 106 lawsuit. That means it may be years before the case is resolved.

  ADDENDUM:   In addition to Corporon, the Colorado GOP has also been represented in the lawsuit by John Eastman, a former University of Colorado visiting conservative scholar who tried to help Donald Trump overturn the results of the 2020 presidential election.

But last week, a judge presiding over the case found that Eastman is no longer an attorney in good standing in the U.S. District Court in Colorado because of a recommendation in California last month that he be disbarred.

The court’s rules state: “An attorney who is not in good standing shall not practice before the bar of this court or continue to be an attorney of record in any pending case.”

Williams said in an appearance last week on a conservative talk radio show that Eastman had already primarily shifted his responsibilities in the case to Corporon.

WHAT TO WATCH THIS WEEK

  • The state’s Title Board meets at 9 a.m. Wednesday. There are more than 60 proposed 2024 ballot measures on its docket for review. The list includes proposals on land use, property taxes, charter schools, oil and gas regulations and election law. It’s likely the meeting will extend into Thursday and possibly Friday.
  • The House Education Committee meets Thursday, when it’s expected to consider the first major rewrite of the state school finance formula in 30 years.

CHART OF THE WEEK

A graphic showing how much the ingredients in a burger have increased
Three political action committees have spent nearly $700,000 to support Colorado congressional candidates in the 2024 election. (Sandra Fish, Special to The Colorado Sun)

Super PAC spending in Colorado ahead of the 2024 election has been pretty limited thus far, but three groups have dropped roughly $700,000 combined supporting Colorado congressional candidates.

Americans for Prosperity Action, the super PAC operated by the national conservative political nonprofit of the same name, accounted for nearly half of that spending. It’s backing three Republican congressional candidate in Colorado this year:

  • AFP Regional Vice President Jeff Crank, who faces Colorado GOP Chairman Dave Williams in the June 25 Republican primary to represent the 5th Congressional District. AFP Action has spent more than $143,000 on canvassing, mailers and digital ads supporting Crank.
  • State Rep. Gabe Evans, who faces former state Rep. Janak Joshi in the GOP primary in the 8th Congressional District. The race will decide who takes on U.S. Rep. Yadira Caraveo, D-Thornton, in November. AFP Action has spent more than $114,000 to support Evans.
  • Grand Junction attorney Jeff Hurd received $81,000 in support in the Republican primary in the 3rd Congressional District GOP. 

The other major super PAC spending in Colorado so far this election cycle happened last year:

  • The House Freedom Fund, a Republican super PAC affiliated with the House Freedom Caucus, spent nearly $195,000 to support Republican U.S. Rep. Lauren Boebert before she switched to the 4th Congressional District from the 3rd District. The money was spent on direct mail and digital advertising, as well as donation processing fees.
  • Fairshake, a super PAC that supports candidates who are open to the cryptocurrency economy, spent $88,000 last year on ads supporting U.S. Rep. Brittany Pettersen, D-Lakewood, and nearly $76,000 on ads supporting Caraveo. 

YOU HEARD IT HERE

“These weapons are fundamentally a danger to our society, and their use to slaughter large numbers of people quickly make them inherently unfit to be sold in Colorado.”

— House Majority Leader Monica Duran, D-Wheat Ridge, speaking about her “yes” vote on House BIll 1292

Duran had previously declined to say how she would vote on the bill, which would ban the purchase, sale and transfer of a broad swath of semiautomatic firearms, defined in the measure as assault weapons.

In her speech on the House floor Sunday, Duran reiterated that, as a domestic violence survivor, she is a concealed-carry permit holder and that she owns AR- and AK-style weapons.

And she conceded that she “has concerns that the legislation may be too far-reaching.”

But, in the end, Duran said “I must be a voice for what my community is asking for.”

  STORY:   Colorado House passes bill banning sale of so-called assault weapons. It now faces an uncertain fate in the Senate.

Want to reach Colorado political influencers and support quality local journalism? The Sun can help get your message attention through a sponsorship of The Unaffiliated, the must-read politics and policy newsletter in Colorado. Contact Sylvia Harmon at underwriting@coloradosun.com for more information.

THE POLITICAL TICKER

  STATE BUDGET:   The House gave final approval to the 2024-25 state budget on Sunday, after the Joint Budget Committee finalized the spending plan last week in conference committee. The Senate did so on Friday. The long bill now heads to the governor’s desk to be signed into law.

  COLORADO LEGISLATURE:   Sen. Faith Winter, D-Broomfield, returned to the legislature on Monday for the first time since April 4, when she announced that she was seeking medical treatment for alcoholism.

  ELECTION 2024:   Former state Sen. Jerry Sonnenberg is on the Republican primary ballot in the 4th Congressional District after his petition signatures were verified last week by the Colorado Secretary of State’s Office. Meanwhile, in the 5th Congressional District, state Sen. Bob Gardner’s signatures were deemed insufficient, meaning the GOP primary in the district will be between conservative commentator Jeff Crank and Colorado GOP Chairman Dave Williams.

  DEMOCRATS:   Colorado Democrats held their state assembly Saturday, electing delegates to the Democratic National Convention in Chicago, presidential electors and Democratic National Committee members. Delegates to the assembly, conducted virtually, also nominated two candidates for the Democratic primary ballot in the race to be an at-large University of Colorado regent: attorney Elliott Hood, who received 56% of the vote, and Charles “CJ” Johnson, Ball Corp. vice president for diversity, equity and inclusion, who received 44%.

  STORY:   State lawmakers take steps to limit HOA foreclosures, equity loss after Colorado Sun investigation

  STORY:   Controversial effort to impose stricter rules on Colorado charter schools fails in first vote

  THE DENVER POST:   Colorado lawmakers prepare to relaunch criminal justice commissions amid skepticism from reformers

  CBS COLORADO:   Colorado group says it has enough signatures for abortion rights ballot measure this fall

  COLORADO POLITICS:   Ballot measure in Colorado would bar vacancy committee appointees from immediately running for legislative office

THE BIGGER PICTURE

  • New York equine slaughter ban in effect as advocates push for enforcement
    — The Albany Times-Union
  • Legislative feeding frenzy: How special interests use free food to get face time with Utah lawmakers
    — The Salt Lake Tribune
  • Washington state gun sales spike, then plummet as new laws take effect
    — The Seattle Times
  • “I don’t think of myself as rich”: The Americans crossing Biden’s $400,000 tax line
    — The Wall Street Journal

Corrections & Clarifications

Notice something wrong? The Colorado Sun has an ethical responsibility to fix all factual errors. Request a correction by emailing corrections@coloradosun.com.

Editor’s picks

What will climate change cost Coloradans? Up to $37 billion, a new study says.

What will climate change cost Coloradans? Up to $37 billion, a new study says.

Colorado child care centers can hardly afford to stay open, and many families can’t afford to enroll without government help

Colorado child care centers can hardly afford to stay open, and many families can’t afford to enroll without government help

Colorado law prohibits candidates from running for two elected offices at the same time. Sort of.

Colorado law prohibits candidates from running for two elected offices at the same time. Sort of.

Type of Story: News

Based on facts, either observed and verified directly by the reporter, or reported and verified from knowledgeable sources.

Tagged: Premium Newsletter, The Unaffiliated

Jesse PaulPolitical Reporter & Editor

jesse@coloradosun.com

Jesse Paul is a Denver-based political reporter and editor at The Colorado Sun, covering the state legislature, Congress and local politics. He is the author of The Unaffiliated newsletter and also occasionally fills in on breaking news coverage. A... More by Jesse Paul

Sandra FishData Journalist

fish@coloradosun.com

Sandra Fish has covered government and politics in Iowa, Florida, New Mexico and Colorado. She was a full-time journalism instructor at the University of Colorado for eight years, and her work as appeared on CPR, KUNC, The Washington Post, Roll... More by Sandra Fish

Brian EasonPolitics and Policy Reporter

brian@coloradosun.com

Brian Eason writes about the Colorado state budget, tax policy, PERA and housing. He's passionate about explaining how our government works, and why it often fails to serve the public interest. Born in Dallas, Brian has covered state... More by Brian Eason

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The Colorado Sun is an award-winning news outlet based in Denver that strives to cover all of Colorado so that our state — our community — can better understand itself. The Colorado Sun is a 501(c)(3) nonprofit organization. EIN: 36-5082144

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