DENVER — The Denver Clerk & Recorder's Office on Tuesday dismissed a campaign finance complaint against the Vibrant Denver Bond committee, which has been campaigning to pass a nearly $1 billion bond through a measure on November's election ballot.
The Vibrant Denver Bond would invest in infrastructure projects throughout Denver.
The group Citizens for NO New Debt filed a campaign finance complaint against the Vibrant Denver Bond committee on Oct. 9, accusing the committee of taking donations of taxpayer money from several organizations. The complaint names entities like the Denver Art Museum, Denver Botanical Gardens, Denver Center for the Performing Arts, Denver Zoological, Colorado Museum of Natural History, and Visit Denver as donors to the Vibrant Denver Bond campaign.
"Do they receive tax money? And if the answer is yes... they are using public money for this campaign," said Jason Bailey, founder of Citizens for NO New Debt. "They cannot be using public tax money to support this ballot measure."
- Read the full complaint below
In its dismissal letter, the Denver Clerk & Recorder's Office said the citizen group failed to "specifically identify the section or sections of Denver's campaign finance laws that the respondent allegedly violated" and "the complaint lacks sufficient facts giving rise to the alleged violation."
Colorado's Fair Campaign Practices Act states that no agency, department, board, division, bureau, commission, or council of the state can spend any money to urge people to vote a certain way on ballot issues. Sara Chatfield, associate professor of political science at the University of Denver, explained that many organizations receive taxpayer money, but that does not make them part of a government agency.
"Nonprofit organizations like the art museum or botanic gardens simply do not fall into these categories," said Chatfield.
Robert Preuhs, chair of the political science department at Metropolitan State University of Denver, said the complaint makes the claim that the organizations' budgets are fungible, meaning funds meant for campaigning are mixed with public funds. However, according to Preuhs, if organizations can account for where public grant funds were spent, there is no issue.
"It's going to require that organizations are very clear in terms of what those public taxpayer monies are going towards, and be very clear and transparent in the accounting. Then the private side, right, can act just as a private citizen or private organization in terms of promoting an issue one way or the other," said Preuhs.
Denver7 has extensively covered the Vibrant Denver Bond. Read our previous coverage below
- Denver City Council approves $950M Vibrant Denver bond proposal, sending it to voters
- These are the 10 most expensive projects outlined in the $950 million Vibrant Denver bond proposal
- Community members concerned about projects left off Vibrant Denver bond list as proposal climbs to $950M
- Vibrant Denver bond proposal advances in city council
- Denver City Council members criticize projects recommended for Vibrant Denver bond
- Vibrant Denver: Denver mayor plans to ask voters to approve bond program aimed at improving parks, roads
According to the city's public campaign finance website, the top donors in support of the Vibrant Denver Bond are:
- Business executive and philanthropist Larry Mizel: $65,000
- Visit Denver: $50,000
- The Colorado Museum of Natural History: $50,000
- Heart of Denver: $50,000
- Denver Zoological Foundation, Inc.: $50,000
- Denver Center for the Performing Arts: $50,000
- Denver Botanic Gardens: $50,000
- Denver Art Museum: $50,000
- Associated General Contractors: $50,000
- SEMA Construction: $40,000
The citizen group also filed a campaign finance complaint with the Colorado Secretary of State's Office. The office told Denver7 it is still completing its initial review of the complaint and will respond by Thursday, October. 23.
Denver7 reached out to several of the organizations named in the complaint for a response. Here is what we heard back:
The Denver Center for the Performing Arts receives tax-payer funding from the SCFD and attributes those funds directly to support its programming lines. SCFD funds cannot be used for capital improvements and contributions to any campaigns come from the DCPA’s earned revenue.
The Denver Center for the Performing Arts chose to donate to Denver’s Vibrant Bond initiative in order to advocate for improvements to city-owned buildings that would otherwise not be funded. If approved, the Vibrant Denver bond would, among other things, enhance safety and security for the Helen G. Bonfils Theatre Complex, which is a city-owned building. These upgrades will include consolidation of entrances, lobby improvements, and installation of new security screening equipment to ensure a safe environment for the 175,000 individuals who visit the Helen G. Bonfils Theatre Complex each year.
Our donation to the Vibrant Denver bond campaign is not from taxpayer dollars. The funds Denver Botanic Gardens receive from the Scientific and Cultural Facilities District (SCFD) tax district support our education, art and event programming, including SCFD Free Days across our York Street, Chatfield Farms and Plains Conservation Center locations. SCFD funds cannot be used for capital improvements and the Gardens’ contribution to the Vibrant Denver bond campaign came from our earned revenue.
Nonprofit organizations are allowed to engage in nonpartisan activities and legislative advocacy. We believe it is important to advocate for the Vibrant Denver bond because it will not only help the Gardens continue to be a place of peace and enjoyment where all members of our community are welcomed, it will also help Denver continue to be a city with robust cultural offerings and a tourism economic driver. The pending bond funds will support improvements to our visitor entrance to make welcoming groups (including school students and community groups) more accessible and efficient. These improvements will foster a more inclusive and positive visitor experience.
Nonprofit organizations have diverse sources of funds. Throughout the Denver-metro region, the Scientific & Cultural Facilities District (SCFD) provides funding that supports operations at nearly 300 arts, science and cultural organizations. At the Denver Art Museum (DAM), we’re grateful to live in a community that so strongly values the role of arts and culture.
The DAM uses SCFD funding to support approximately 20 to 25 percent of our operational budget for our campus and programming, enhancing the public’s access to art, such as the monthly Free Days at the DAM throughout the year. For the DAM, the Vibrant Denver bond funds will help improve accessibility across the campus, allowing us to be an even more welcoming and accessible museum for everyone.
Nonprofit organizations are allowed to engage in nonpartisan activities and legislative advocacy. We feel it is smart to advocate for the success of the Vibrant Denver bond initiative because the projects support the priorities of our community. Funds from the bond will repair and improve the essential city infrastructure like roads and bridges, parks and recreation centers, as well as enhance accessibility and safety at arts and culture organizations like the Denver Art Museum.
Visit Denver supports the 2025 Vibrant Denver General Obligation Bond package as an important investment into our city’s future. Strong, vibrant neighborhoods are essential to Denver’s identity and to what makes our city a great place to live and visit. The Vibrant Denver Bond will fund improvements to parks, cultural institutions, and mobility, improving how residents and visitors experience our city. Visit Denver’s campaign contribution comes entirely from private dollars, not taxpayer funds. Our support reflects our belief that investing in Denver’s public spaces and cultural assets improves quality of life, strengthens local businesses including for Visit Denver members, and sustains the tourism economy that benefits our entire community.
