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FEC dismisses complaint over Colorado GOP’s support for state chair Dave Williams’ 5th CD campaign

The Federal Election Commission has dismissed a complaint filed last year against the Colorado Republican Party and its chairman, Dave Williams, that alleged the state GOP violated campaign finance law when it spent party funds to support Williams’ congressional campaign.

Kelly Maher, a Republican strategist, political commentator and persistent Williams critic, asked the FEC in April 2024 to determine if Williams and the GOP failed to satisfy legal requirements in a series of emails and a brochure attacking Republican Jeff Crank, who defeated Williams in last summer’s GOP primary in the 5th Congressional District and went on to win election to the El Paso County-based seat.

The complaint cited nearly $10,000 spent by the state GOP on a glossy mailer sent to voters in the 5th CD that described Crank and former Republican presidential candidate Nikki Haley as “insider cronies” who opposed Donald Trump.

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The state party also distributed an email that publicized Williams’ decision to run for the congressional seat after nine-term incumbent Doug Lamborn announced his retirement, and another blasting Crank, Haley and Crank’s employer ahead of Colorado’s presidential primary.

After investigating Maher’s complaint, FEC attorneys recommended its dismissal based on their conclusion that the alleged violation didn’t warrant further enforcement, under a set of criteria the commission uses to allocate its resources, according to a Dec. 10 report issued by the FEC’s general counsel.

“This matter is rated as low priority for Commission action after applying these pre-established criteria. Given the low rating, the apparent low dollar amount at issue, and the unlikeliness that the general public would have been confused as to who paid for the mailers, we recommend that the Commission dismiss the Complaint consistent with the Commission’s prosecutorial discretion to determine the proper ordering of its priorities and use of agency resources,” the FEC staffers wrote.

The commission voted unanimously on Dec. 17 to dismiss the complaint and notified the parties on Jan. 17 that it was closing the file.

Colorado GOP Treasurer Tom Bjorklund, who was named in his official capacity in the complaint, called the allegations “frivolous” and demanded an apology from Maher and Crank in a text message to Colorado Politics.

“The never-Trump establishment lied about Dave Williams in this frivolous complaint to aid in a premeditated and, ultimately, failed coup attempt, while deceiving voters with a false narrative to manipulate the outcome of the 5th congressional primary,” Bjorklund said. “Kelly Maher and Jeff Crank owe Colorado Republicans an apology for spreading lies and sowing dissension to achieve their corrupt and self-serving agenda.”

Bjorklund was referencing an unsuccessful, months-long effort last year to remove Williams as state party chair sparked, in part, by criticism over Williams’ refusal to step down from the party position after he joined the contested congressional primary.

Williams didn’t respond to a request for comment, but Maher told Colorado Politics she had no intention of apologizing.

“Ultimately, seeing the way that Dave Williams and his henchmen used Colorado GOP resources to further not only his own congressional campaign but to wage internal party war in the primaries isn’t changed by an FEC decision,” Maher said in a text message.

“All anyone needs to do is dig into the numbers to see what Dave did. The Emperor has no clothes.”

Maher added that she hoped the Colorado GOP “can rise again to one of integrity under new leadership” as Republicans prepare to elect party officers at the county and state level in the coming months.

Williams hasn’t said whether he plans to seek a second, two-year term as party chairman, though one of his closest allies, staffer Darcy Schoening, launched her run for the post last week.

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