Follow the money

Groups with a stake in Colorado’s school board elections raise $1.5 million to influence them

The nation's second largest teachers union is spending $300,000 to support a slate of candidates running for the Douglas County school board. Those candidates posed for pictures at their campaign kick-off event are from left, Krista Holtzmann, Anthony Graziano, Chris Schor, and Kevin Leung. (Photo by Nic Garcia/Chalkbeat)

Union committees and various political groups have raised more than $1.5 million so far to influence the outcome of school board elections across the state, according to new campaign finance reports.

The Colorado Education Association, the state’s largest teachers union, and an affiliate of Democrats for Education Reform, a political nonprofit, are spending big in an effort to help elect school board members that represent their positions.

It’s become a common storyline in school board elections in Colorado and across the country: On one side, teachers unions hoping to elect members that will improve working conditions and teacher pay, among other things. On the other, education reformers who generally back candidates who support expanding school choice for families, more autonomy for schools and accountability systems that measure school quality, usually based on test scores.

The complete fundraising and spending picture, however, is often murky and incomplete.

State law lays out different rules and disclosure requirements for different types of political committees. The most prevalent this election year appears to be independent expenditure committee, which can raise and spend an unlimited amount of money but are forbidden from coordinating with candidates. (Campaign finance reports for the candidates’ campaigns are due at midnight Tuesday).

Other groups such as Americans For Prosperity work outside the reporting requirements altogether by spending money on “social welfare issues,” rather than candidates. The conservative political nonprofit, which champions charter schools and other school reforms, pledged to spend more than six-figures for “a sweeping outreach effort to parents” to promote school choice policies in Douglas County. The fight over charter schools and vouchers, which use tax dollars to send students to private schools, has been a key debate in school board races there.

Both the union and reform groups operate independent committees. Those committees must report donations and expenditures to the secretary of state. But the donations captured in campaign finance reports are often huge lump sums from parent organizations, which aren’t required to disclose their donations under federal law. (Unions often collect political voluntary political donations from teachers.)

Several groups are spending money in Denver, where four of the seven school board seats are up for election. The ten candidates vying for those four seats include incumbents who agree with the district’s direction and challengers who do not. The Denver teachers union has endorsed candidates pushing for change.

The Every Student Succeeds group, which has raised almost $300,000 in union donations, is spending the most on one Denver candidate, Xóchitl “Sochi” Gaytán, who is running for a seat in southwest Denver, and on a slate of four Aurora school board candidates endorsed by Aurora’s teachers union.

The group’s largest donations came from the Colorado Fund for Children and Public Education, a fund from the Colorado Education Association. Aurora’s teachers union contributed $35,000 to the committee. The DCTA Fund, a fund created by Denver’s teachers union, also contributed $85,000 to the committee.

Some of the group’s union money is also going to a slate of school board candidates in Mesa County and another in Brighton.

Another union-funded group, called Brighter Futures for Denver, has spent all of its money on consultant services for one Denver candidate: Jennifer Bacon, who’s running in a three-person race in northeast Denver’s District 4. The Denver teachers union, which contributed $114,000 to the committee, has endorsed Bacon. The statewide teachers union also contributed money.

The Students for Education Reform Action Committee has spent equal amounts on two Denver candidates. One, Angela Cobián, is running in Denver’s District 2 against Gaytán and has been endorsed by incumbent Rosemary Rodriguez, who isn’t running again. The other is Rachele Espiritu, the incumbent running in District 4. The funds, which were collected during a previous campaign cycle and carried over into this one, have gone toward phone banking, T-shirts and campaign literature.

The group has endorsed Cobián, Espiritu and incumbent Barbara O’Brien, who holds an at-large seat. It did not endorse a candidate in the central-east Denver District 3 race, explaining that it prioritizes “working with communities that reflect the backgrounds and experiences of our members, which are typically low-income and students of color.”

Better Schools for a Stronger Colorado, a committee affiliated with the pro-reform Stand for Children organization, has spent a sizable portion of the more than $100,000 it’s raised thus far on online advertisements and mailers for O’Brien. It has also spent money on mailers for incumbent Mike Johnson, who represents District 3.

Stand for Children has endorsed O’Brien, Johnson and Cobián. The group chose not to endorse in the three-person District 4 race, explaining that both incumbent Espiritu and challenger Bacon had surpassed its “threshold for endorsement.”

Another big spender is Raising Colorado, a group reporting $625,000 in donations from New York-based Education Reform Now Advocacy— a national affiliate of Democrats for Education Reform. The group is registered under a section of the tax code that does not require it to disclose its donors.

That group is spending money on mailers and digital media for four candidates in Denver: Espiritu, Cobián, Johnson and O’Brien, as well as two candidates for Aurora’s school board: Gail Pough and Miguel In Suk Lovato.

In Douglas County, the American Federation of Teachers, the nation’s second largest teachers unions has pumped $300,000 into a committee backing a group of candidates known as the “Community Matters” slate that opposes the current direction of the state’s third largest school district.

The committee, Douglas Schools for Douglas Kids, has spent most of its war chest on producing TV, digital and mail advertising by firms in Washington D.C., and San Francisco.

The Douglas County arm of AFT lost its collective bargaining agreement with the district in 2012.

A group of parents that also supports the union-backed slate have formed a committee, as well. So far it has raised $42,750, records show. Unlike the union donation, most donations to this committee were small donations, averaging about $50 per person.

The parent committee has spent about $28,000 on T-shirts, bumper stickers, postage and yard signs, records show.

A group aligned with the state’s Republican party is also spending in Douglas County. The Colorado Republican Committee – Independent Expenditure Committee spent about $25,000 on a mail advertisement supporting the opposing slate, “Elevate Douglas County.”

Editor’s note: This story has been updated to include more information about Americans for Prosperity’s Douglas County plans. It has also been updated to identify two other groups that are spending in Denver and Douglas County. This story has also been updated to correct that teachers unions use voluntary donations for political purposes, not dues. 

dotting the i's

Group that supported Douglas County anti-voucher candidates fined in campaign finance case

The Douglas County school board on Monday voted to end the district's voucher program and directed the district to seek an end to the protracted legal case. (Nic Garcia/Chalkbeat)

A political committee that supported a slate of anti-voucher candidates in the Douglas County school board race has been ordered to pay a $1,900 fine related to campaign finance violations.

Back in the fall, the group Campaign Integrity Watchdog filed a complaint against Douglas Schools for Douglas Kids that alleged the group failed to properly report donations and expenditures.  Douglas Schools for Douglas Kids is an independent political committee, which can spend an unlimited amount of money to advocate for candidates.

The Douglas County race was one of the most high-profile school board races in the state, and outside money from all sides flowed into the campaigns. The union-backed CommUnity Matters candidates won all four open seats, and as promised, they promptly ended the school district’s years-long defense of a controversial voucher program.

An administrative law judge ruled that some of the allegations in the complaint were not actually violations and that others were mistakes that the independent expenditure committee quickly corrected. For the most part, there was no intent to deceive the electorate, the judge found, and interested voters had ample opportunity to learn that teachers unions had donated to Douglas Schools for Douglas Kids and that the group had spent money on campaign materials.

But in one instance, the judge found that Douglas Schools for Douglas Kids waited too long to report spending on digital communications sent in the weeks right before the election. That’s the violation for which the group must pay a $50 a day fee, adding up to the $1,900.

The complaint from the elections watchdog group, which has previously filed complaints against Democrats and Republicans, alleged that Douglas Schools for Douglas Kids:

  • Failed to report a $1 donation used to open a bank account
  • Failed to report a $300,000 donation from American Federation of Teachers Solidarity
  • Failed to disclose more than $50,000 spent on campaign mailers within the 48-hour window required when money is spent in the last 30 days before an election

The judge found that the failure to disclose the $1 donation for the bank account was not a violation at all because the amount was so small. The $300,000 donation, meanwhile, was reported as coming from American Federation of Teachers. According to the judge’s ruling, when someone on the union side tried to correct the entry, they accidentally made a new entry for American Federation of Teachers Solidarity, giving the appearance of an additional unreported donation. While the failure to report the full correct name was a technical violation, the judge wrote that little harm was done, and the mistake was quickly fixed.

The purpose of campaign finance law is transparency, the judge wrote, and that was accomplished “by disclosing the key fact that a large national union of teachers was attempting to influence the election.”

On the spending side, the independent committee erred, the judge ruled, in not reporting expenditures on mailers within 48 hours of obligating the money. However, most of the spending was reported soon after the committee received invoices and again more than a week before the election. And because the committee’s name appears on the mailers, there was little concern that voters would have been deceived, the judge wrote.

However, in one instance involving roughly $1,800 for digital communications, the group did not disclose until its final campaign finance report in December, well after the election. It was this violation that prompted the judge to impose the fine.

Follow the money

Final Denver school board campaign finance reports show who brought in the most late money

PHOTO: Denver Post file
Victoria Tisman, 8, left, works with paraprofessional Darlene Ontiveros on her Spanish at Bryant-Webster K-8 school in Denver.

Final campaign finance reports for this year’s hard-fought Denver school board elections are in, and they show a surge of late contributions to Angela Cobián, who was elected to represent southwest Denver and ended up bringing in more money than anyone else in the field.

The reports also showed the continued influence of independent groups seeking to sway the races. Groups that supported candidates who favor Denver Public Schools’ current direction raised and spent far more than groups that backed candidates looking to change things.

No independent group spent more during the election than Raising Colorado, which is affiliated with Democrats for Education Reform. In the week and a half before the Nov. 7 election, it spent $126,985. That included nearly $57,000 to help elect Rachele Espiritu, an incumbent supportive of the district’s direction who lost her seat representing northeast Denver to challenger Jennifer Bacon. Raising Colorado spent $13,765 on mail opposing Bacon in that same period.

Teachers union-funded committees also were active in the campaign.

Individually, Cobián raised more money in the days before the election than the other nine candidates combined. She pulled in $25,335 between Oct. 30 and Dec. 2.

That includes a total of $11,000 from three members of the Walton family that founded Walmart: Jim, Alice and Steuart. The Waltons have over the years invested more than $1 billion in education-related causes, including the creation of charter schools.

Total money raised, spent by candidates
  • Angela Cobián: $123,144, $105,200
    Barbara O’Brien: $117,464, $115,654
    Mike Johnson: $106,536, $103,782
    Rachele Espiritu: $94,195, $87,840
    Jennifer Bacon: $68,967, $67,943
    Carrie A. Olson: $35,470, $35,470
    Robert Speth: $30,635, $31,845
    “Sochi” Gaytan: $28,977, $28,934
    Tay Anderson: $18,766, $16,865
    Julie Bañuelos: $12,962, $16,835

Cobián was supported in her candidacy by donors and groups that favor the district’s brand of education reform, which includes collaborating with charter schools. In the end, Cobián eclipsed board vice president Barbara O’Brien, who had been leading in contributions throughout the campaign, to raise the most money overall: a total of $123,144.

The two candidates vying to represent central-east Denver raised about $5,000 each in the waning days of the campaign. Incumbent Mike Johnson pulled in $5,300, including $5,000 from Colorado billionaire Phil Anschutz. Teacher Carrie A. Olson, who won the seat, raised $4,946 from a host of donors, none of whom gave more than $500 during that time period.

The other candidates raised less than $5,000 each between Oct. 30 and Dec. 2.

O’Brien, who staved off two competitors to retain her seat representing the city at-large, spent the most in that period: $31,225. One of her competitors, Julie Bañuelos, spent the least.