Democratic dark money group to disclose donors, pay an $18,000 fine for violation in Prop. HH campaign

A group that spent hundreds of thousands of dollars on a failed Democratic ballot measure has agreed to pay a fine and disclose its donors to settle violations of campaign finance law.

The nonprofit Boldly Forward Colorado was originally formed to help with Gov. Jared Polis’ transition into office in 2018. Later, it became more active in politics, spending tens of thousands of dollars on different ballot measures.

In 2023, Boldly Forward spent more than $350,000 in support of Proposition HH, a sweeping tax proposal backed by Polis and other Democrats. That money was given to the committee running the Prop. HH campaign.

Nonprofits are allowed to spend money on ballot measures. But if political spending is a “major purpose” of their existence, then they have to file paperwork and disclose their donors to the state.

The nonprofit Public Trust Institute filed a campaign finance complaint alleging that the Democrat-linked group violated those rules. An investigation by the Secretary of State’s office found Boldly Forward’s spending on Prop. HH made up nearly 30 percent of its total spending from about 2021 through 2023.

Because it spent so much on a single ballot measure, the group should have registered as an issue committee and reported its spending and fundraising activities to the state, state officials found.

The state could have pursued a fine of more than $50,000, but instead offered a settlement of only about $18,000. The nonprofit got a break because it cooperated with state investigators, according to the settlement agreement.

Boldly Forward will also file the proper paperwork and report its donors and spending for 2023. The group already lists “our esteemed donors” on its website, including about 40 different people and organizations, although it doesn’t say how much each gave.

“We supported Prop. HH openly and transparently by contributing disclosed contributions to that ballot initiative, at the time we believed we were meeting all filing requirements,” spokeswoman Amber Miller wrote in a text. “Once we received this complaint, we moved expeditiously to work with the Secretary of State to remedy and are now working with them on next steps.”

Public Trust Institute, however, is criticizing the settlement for not going far enough. In a text, lawyer Suzanne Taheri said the agreement seemed to be a way to “protect” Boldly Forward and predicted that it would not result in full disclosure of the roots of the 2023 spending. The settlement was “nothing like” what she is usually offered when the groups she represents face complaints, she added.

“I believe the system has become blatantly partisan with ever-changing standards depending on which side of the aisle you’re on,” Taheri wrote.

A changing mission: From helping the governor hire staff to promoting his concerns

Boldly Forward was originally founded as a transition committee to help hire staff after Polis won the governor’s office in 2018. But it later shifted focus to ballot issue campaigns and other policy advocacy, including supporting the governor’s 2020 measure to use nicotine taxes to fund preschool. 

It’s now an independent organization with Polis playing no direct decisionmaking role, Miller said, though the group works with the governor’s office and members of the state legislature.

“Boldly Forward does align with the governor’s office and with the state legislative leadership’s priorities,” Miller said.

Previously, Taheri and Public Trust Institute made a successful complaint against Sen. John Hickenlooper for accepting gifts during trips he made as the state’s governor.

Secretary of State Jena Griswold’s office said the settlement is proof the system is working.

“This case is just the latest example of the Department working for Coloradans to promote transparency and ensure issue committees disclose their donors to the people of Colorado. This settlement is in line with previous campaign and political finance settlements and is the largest the Department has ever obtained under the current statute,” wrote spokesman Jack Todd.

The current limits for nonprofit spending on ballot issues were defined in a 2022 bill, SB22-237, that was signed by Polis.

The governor’s office declined to comment, referring a reporter back to Boldly Forward Colorado.

In some cases, battles over ballot initiative spending can stretch on for years. Back in 2021, the conservative group Unite for Colorado — with which Taheri has worked, too — was ordered to pay a $40,000 fine and disclose its donors. But it’s been fighting the judgment in court ever since, with an appeal now pending before the state’s highest court.