Waller campaign fined for failing to report funds

A judge this week fined Republican Mark Waller's campaign $2,450 for failing to disclose an illegal campaign contribution.

Waller sought an endorsement in May from businessman Stephen Schuck, who sent a letter to 208 potential campaign contributors soliciting a "generous donation" to Waller's campaign for state House District 15.

The mailing was illegal because it amounted to a $264.20 contribution from the Schuck Corp. for "stationery, printing, postage and administrative staff time to prepare and mail the letter," said Administrative Law Judge Robert Spencer in the decision issued Tuesday. Colorado law bans corporate contributions.

Waller said he didn't initially report what Schuck had done in campaign finance documents he's required to file with the Secretary of State's Office because he didn't think it qualified as a contribution. Shortly after the issue arose, Waller's campaign repaid the Schuck Corp.'s expenses for sending the letter and disclosed the transaction in a campaign finance report. But that didn't absolve Waller's campaign from failing to report an illegal donation in the first place, the judge ruled.

Spencer also fined the Schuck Corp., a real estate development company, $528.40 for making the illegal contribution.

Waller won the Aug. 12 primary against appointed state Rep. Douglas Bruce for the Republican Party nomination. Waller will face Democrat Michelle Maksimowicz in the Nov. 4 general election.

Bruce filed a complaint against Waller with the secretary of state on July 17, seeking separate sanctions against Waller and his campaign, plus Schuck and his company. A hearing was supposed to be held Aug. 1, but Waller asked for a delay until Aug. 25.

Bruce, at the time, complained the delay pushed ruling on the complaint until after the election.

Waller said Thursday he's considering options for appealing the ruling. He said he was pleased the judge rejected Bruce's argument that he and Schuck colluded on an illegal contribution.

"I'm certainly very happy that the judge exonerated my good name and said that I didn't knowingly accept an illegal campaign contribution," Waller said. "But I think a fine of $2,450 is excessive for making a clerical error."