Candidate gets campaign gifts from toddlers

0 Comments | Gazette, The (Colorado Springs), Jan 22, 2004 | by BILL HETHCOCK THE GAZETTE

John Newsome, one of two prosecutors running for Fourth Judicial District attorney, is taking campaign contributions from children, drawing criticism and the threat of a legal challenge from his opponent's supporters.

The practice is unethical and might be illegal, said Robert Gardner, steering committee chairman for the campaign of Dan May, who is running against Newsome for the Republican nomination. Gardner said Newsome is skirting state campaign finance laws that limit campaign contributions to $200 per person.

Newsome, however, said the Colorado Secretary of State's Office has told him he can take contributions from minors as long as each child has his or her own bank account. He said he sees nothing wrong with accepting the contributions.

"Our job as candidates is to report all the money we receive and to follow the secretary of state's guidance and that's what we're trying to do," he said. "The accusations of unethical behavior are unfortunate and regrettable."

Newsome said none of the money from minors has been spent and it will be returned if the secretary of state ultimately rules the contributions were improper.

"If the secretary of state says 'We've changed our mind on that,' we'll certainly comply," he said.

Gardner, a former El Paso County Republican Party chairman, said the contributions from defense lawyers and their kids gives the appearance the office is for sale.

Campaign workers for May are preparing a complaint that will be sent to the Secretary of State's Office, he said. Even if it's legal to collect donations from children, it has a "distinct odor," he said.

May's campaign Wednesday released a list of 13 children they say are age 12 or younger who contributed to Newsome's campaign. Eleven are children of practicing Colorado Springs defense lawyers and two are children of a former defense lawyer who left the practice this month.

The Gazette confirmed the ages of seven minors on the list, including the 17-month-old son of attorney Hayden Bussey, the 4-year- old son of attorney Steve Anderson, the 5- and 6-year-old children of attorney Michael Moran, the 9- and 11-year-old children of attorney Danny Kay, and the 12-year-old son of attorney Mark Rue.

Some ages could not be confirmed because birth dates are not listed on the Secretary of State documents, birth records are confidential and the children's parents either did not return phone calls or refused to give their age.

Moran agreed his children are too young to understand much about politics or the district attorney's race. He said, however, his children are close to Newsome's children and "love him like an uncle."

He said he considers the $800 total contribution from himself, his wife and two children a family decision.

Pat Mika, a defense lawyer on the list, defended his family's contributions. He and his three children who are younger than 7 contributed $200 each. Citing a desire for privacy, Mika refused to say how old his kids are other than that they are "young."

He, too, called the contributions a family decision.

"My family lives in this community and I want someone like John in that office," he said. "This is an important decision that will have an impact on my children's lives for the next eight years. This is a question of integrity and I support John because of his honesty and his trustworthiness."

Newsome said many of the defense attorneys who contributed to his cause are former prosecutors. They've seen the system from both sides, making them highly qualified to support and contribute to the candidate they think will do the best job, he said.

Only $1,950 of the $24,756 Newsome raised through Dec. 31 came from defense attorneys who had not worked as prosecutors or the families of those attorneys, he said.

More than $5,900 came from people who currently or recently worked as prosecutors and more than $2,700 came from law enforcement officers, he said.

State law doesn't spell out a minimum age for contributing to campaigns, said Lisa Doran, a spokeswoman for the secretary of state.

The office doesn't track contributors' ages unless asked to investigate, she said. The office has not received a complaint about Newsome, she said. If they receive a complaint, an administrative law judge will be assigned to decide whether there was a violation and, if so, what the penalty should be.

"The law doesn't speak to what age group is allowed to contribute," Doran said. "But we caution people that they should be able to prove that it is in fact the child's money and comes from the child."

Colorado candidates are still trying to adjust to reforms brought about by the November 2002 passage of Amendment 27, which limits contributions to candidates and sets parameters on spending, said Pete Maysmith, executive director of Colorado Common Cause, a nonpartisan, goodgovernment organization.

Maysmith said collecting contributions from kids doesn't violate any state law he knows of.

"Is it legal? The answer probably is yes," he said. "But it certainly raises major questions when 3- and 4-year-old children are supposedly making campaign contributions.