Ashcroft’s campaign for MO governor faces 2nd ethics complaint alleging illegal coordination

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Missouri Republican Secretary of State Jay Ashcroft’s campaign for governor faces a second ethics complaint alleging that it illegally coordinated with a political action committee on a letter promoting his campaign.

The complaint was filed last week by Penny Quigg, the chair of the Cole County Republican Central Committee. It asserts that Ashcroft’s campaign committee, Ashcroft for Missouri, coordinated with Committee for Liberty, the PAC supporting Ashcroft, on an April 10 letter.

The letter is “very likely” an in-kind contribution from the PAC to Ashcroft’s campaign that violates Missouri’s campaign finance laws, the complaint sent to the Missouri Ethics Commission alleges.

“The Letter is an obviously coordinated communication,” according to the complaint. “Every dime Committee for Liberty spent on it is an in-kind contribution to Ashcroft for Missouri.”

Ethics complaints are typically confidential. The Star obtained a copy after it was sent to the Ethics Commission.

The complaint is similar to another complaint filed against Ashcroft’s campaign last month alleging that the PAC and campaign illegally coordinated on a March 8 letter. Together, the filings draw attention to the complexities of the state’s campaign finance laws and the outsized role that PACs — which can receive unlimited donations — play in Missouri politics.

The complaints come as Ashcroft, a Republican, faces a tightly contested primary for governor against Lt. Gov. Mike Kehoe and Sen. Bill Eigel from Weldon Spring. Eigel’s campaign was also hit with an ethics complaint last week, alleging several violations of campaign finance law.

Quigg said in an interview that she was asked to sign the complaint against Ashcroft’s campaign by Lowell Pearson, a longtime Republican attorney with the Jefferson City-based law firm Husch Blackwell. She was critical of Ashcroft’s time as secretary of state and said she supports Kehoe’s campaign for governor.

“It’s not unusual for people in Cole County for us to be asked to do stuff because we’re right here in the capital city,” she said. “The element of the issue was the coordination between the PAC and the campaign and that shouldn’t be happening regardless of who the candidate is.”

A copy of the complaint obtained by The Star was stamped “delivered” to the Ethics Commission. Quigg said she was awaiting a letter from the commission about whether the complaint was accepted.

Pearson did not immediately respond to a call and email seeking comment. The lobbying firm affiliated with Husch Blackwell has been paid for advising the PAC supporting Kehoe, according to campaign finance reports.

Ashcroft spokesperson Jason Cabel Roe shrugged off the complaint in an email to The Star.

“Another Kehoe supporter, another manufactured complaint,” he said.

Unlike the earlier complaint, the complaint from Quigg does not state an exact dollar amount that Ashcroft’s campaign allegedly failed to report.

The April 10 letter at the center of the complaint outlines parts of Ashcroft’s campaign platform, including putting St. Louis police under state control, boosting the economy and making state government accountable to taxpayers. It touts Ashcroft’s lead in the polls but states that he is lagging in fundraising and asks for donations.

The letter also issues a jab at Kehoe, pointing to his support of a gas tax increase. It then goes on to champion Ashcroft’s tenure as secretary of state.

Missouri law allows PACs and campaigns some level of coordination on fundraising. However, Quigg’s complaint alleges that the letter “egregiously advocates” for Ashcroft’s campaign and therefore should have been reported as a contribution to his campaign.

“When one views the Letter in its totality, it is quite plain it is a piece advocating

for candidate Ashcroft and against candidates two ‘opponents,’” the complaint said. “The purpose of the Letter is revealed by the volume of discussion of electing candidate. Sixteen paragraphs are advocacy, while only one is fundraising.”

Voters in 2016 reimposed campaign contribution limits after Missouri spent a decade as one of a very small number of states without limits. In 2020, voters also approved lower limits for state legislative candidates.

However, those limits have not taken money out of politics and have instead funneled money into PACs that are often harder to track and don’t have strict limits. While PACs can’t be controlled by a candidate, the committees are allowed to support or oppose ballot measures and candidates.

Jean Evans, a former executive director of the Missouri Republican Party, signaled in an interview that campaign limits have created less transparency for voters.

“Voters voted to limit campaign contributions thinking that that would somehow bring greater accountability in campaigns,” she said. “However, it has had the opposite effect.”

PACs have a large impact on statewide races in Missouri due to the amount of money needed. That money is much harder to raise through a campaign committee due to the campaign limits, Evans said.

The ethics complaints against Ashcroft and Eigel come as the Missouri Ethics Commission is relatively toothless in its ability to investigate complaints. The commission lacked a quorum until last week when Gov. Mike Parson appointed Whitney Smith of Des Peres to the commission – filling the fourth of sixth commission spots.

However, one member is still unable to attend meetings, which means that the commission remains one person short of being able to take action on complaints. The commission has taken no action on six complaints since mid-May.