Here’s why Pueblo mayoral candidate Heather Graham returned a $1,500 campaign donation
A few days after Pueblo City Council President Heather Graham announced her mayoral campaign in on Nov. 17, 2022, she got a donation for $1,500.
Graham said that she had known the donor, attorney Donald Banner, for years: her first restaurant was in the same space as his law office. Banner also gave $1,000 to her campaign for city council in 2021.
But Graham returned the 2022 contribution to Banner two days after he sent it.
That’s because Banner implored Graham in an email to support a controversial ordinance that could have effectively banned abortion in Pueblo — and said that he would work to “unseat” councilors that do not support it.
‘This is not okay’: Why Graham returned the check
Graham returned the campaign contribution the same day that Banner sent her the email about the anti-abortion ordinance. On the campaign finance disclosure records, she wrote that she was returning the contribution because of “influencing a public official vote.”
“Heather, as you know I’m a supporter of your efforts to be mayor. I sent in a check by mail yesterday. While I think that it is a good idea for you to remain neutral on the issue as long as you can, I absolutely believe the issue needs to come to a vote and not be delayed,” Banner wrote in his email.
“This issue is not going to go away no matter what Pueblo city council does. In the few cities where council members voted against passing this kind of ordinance, the public (threw) them out of office at the next election. I will use my time and influence to see that this ordinance is passed and if delayed or a vote fails to pass it, I will do what I can to unseat those who voted against it.”
Graham included Banner’s email in her campaign finance report filings, which the Chieftain obtained with an open records request. Although the contribution was made and returned nearly a year ago, these filings were not public until last week because of the city’s campaign finance reporting deadlines.
Graham told the Chieftain that she thought that the check was “in reference to” her vote — or seat.
“This is not okay,” Graham recalled about reading Banner’s email.
She went to the city clerk’s office later that afternoon to figure out how to properly report and return the contribution because she felt like she “was being asked to vote for something that I wasn’t comfortable with.”
“These are the things in the political world that people talk about happening — and it happened. You see firsthand people being involved in generational politicking and the running of Pueblo and I think that's sometimes how it happens,” Graham said. “To put pressure on somebody to vote a certain way in any aspect is dangerous, especially when there's money involved.”
Banner advised Graham in his email to “please do not let members on the council sweep this issue under the rug by delaying or tabling it.” But a few weeks after Banner sent his email, Graham introduced a motion to table the ordinance, which removed it from council's agenda and negated the public comment that approximately 100 people had signed up for.
What Banner thought
Banner told the Chieftain that he was surprised when Graham returned the check.
“That shocked me. I mean, most politicians will accept all the money they can get,” Banner said.
He said any claim that he's made a political donation expecting a favor is "absolutely false."
“I don't think I've ever specifically asked an elected politician for a favor — and I've been very meticulous about not wanting to receive benefits from committees I've served as a volunteer with the city,” Banner said.
Banner’s check is dated Nov. 21, 2022, and he emailed Graham on Nov. 23. He said that he sent the check after a fundraiser Graham held and it was not directly related to the abortion issue.
That evening after he sent the check, Banner attended a presentation by anti-abortion activist Mark Lee Dickson held at Family Worship Center, according to his email to Graham.
“Guys, the strongest body of government, outside of the local church, is the local government. You can get things accomplished here at the local level that you can’t get accomplished at the state capitol,” Dickson said that evening.
Dickson also talked about a 19th century federal law that prohibits mailing abortion-related materials, which Banner mentioned in his letter to Graham.
Whom Banner is supporting now
Campaign finance records show that Banner is now supporting Randy Thurston, a retired real estate agent and former city councilor also running for mayor.
Banner wrote Thurston a check for $1,000 in September and his endorsement is listed on Thurston’s campaign website.
“While I have a lot of respect for some of these candidates, there is only one candidate that I think will make the changes that I have thought were needed to make Pueblo a really great community,” Banner said in the endorsement.
Banner told the Chieftain that he thinks that Thurston is the only candidate who has shown that he understands the need for “structural” changes to building codes and annexation procedures that could make Pueblo more friendly to development.
Banner said that he considers himself a “pro-life conservative.” He thinks about abortion when voting for candidates, but it’s not his top priority for city elections.
Thurston confirmed with the Chieftain that he is opposed to “late-term abortion” but that it’s not the biggest issue in his campaign.
“I've always been strong against late-term abortions, but that's not what the mayor race is about. We're about Pueblo taking on the issues in our face,” Thurston said, such as “crime and illegal drugs.”
Banner’s involvement with Forging Pueblo
Forging Pueblo is a conservative Christian network that was founded with the intent to influence multiple spheres of culture in Pueblo, including government, business, education, religion and entertainment.
Banner is the registered agent of the Forging Pueblo nonprofit that was filed with the Colorado Secretary of State in early 2020. He said that he is primarily involved with the business organizing that Forging Pueblo does.
Forging the Future, the political offshoot of Forging Pueblo, has endorsed candidates in most local races. They are also raising money and mobilizing volunteers to advocate for them.
Forging the Future endorsed a different candidate — Chris Nicoll — in the mayoral election, but Banner is financially supporting Mark Aliff, the city council at-large candidate Forging the Future endorsed.
Banner gave Aliff a $1,000 donation in August. Banner also supported Aliff with a $1,000 donation in 2021.
Banner said that he was not involved with the endorsement decisions made by Forging the Future, but noted that multiple candidates in the mayoral race — including Thurston — share many of the same values as Nicoll.
Would accepting the donation have violated any laws?
Graham said that she returned the check because it didn’t feel right to hold onto the money after receiving the message from Banner.
Pueblo City Attorney George Hypolite — speaking in general and not about this specific example — indicated that offering a contribution in exchange for a specific outcome could be legally unsound.
“To the extent that a private citizen would offer a city council member a directed contribution for a directed action, that likely would violate not just the city's ethics code but it would violate other laws, including federal bribery, potentially,” Hypolite said.
The city’s ethics code generally prohibits city officials from accepting “anything of value in exchange for an official action,” Hypolite said.
What Graham thinks about abortion
Graham told the Chieftain that she is personally opposed to late-term abortion. However, as a city councilor, she doesn’t want to make that decision for other people.
“I don't think abortion should be used for contraceptive purposes. I just hope people are careful out there, but if they're not, I don't want to make decisions for other women or other families on what they choose to do and choose not to. I don't walk in their shoes so I don't think city government should be making those kinds of decisions either,” Graham said.
She also said that in general, government shouldn’t interfere with choices about abortion and that “I don’t think government should be running into a lot of stuff.”
She said that her public stand on the anti-abortion ordinance in December had a positive effect on her campaign.
“I think that people realize that I'm not here to mess with the political party agenda, that I'm really just here to work for the community and things that we can effect as local government in community,” said Graham, a registered Republican. “If you want to ban abortion, or ban guns, or whatever you want to do, go talk to your state legislators, not the president of the city council, not the mayor.”
She added that she probably “lost some support” from Pueblo conservatives, but “I sleep good at night and I felt like it was the right thing to do.”
Graham is one of the mayoral candidates who has received the most donations, according to the first batch of campaign finance filings. She raised over $42,000 — and spent nearly $40,000 — in the first 11 months of her campaign.
Banner and Graham today
Although Graham no longer has a restaurant close to Banner’s office, the two of them still see each other often around town. For example, Banner and Graham serve together on the board of directors of the Historic Arkansas Riverwalk of Pueblo Authority.
Graham said that they are “cordial” and that she feels okay about her relationship with Banner after returning the contribution.
Banner said that he likes Graham as a person, but they disagreed about the city’s role in regulating abortion.
“I think she's smart and if she ends up being the mayor, I think she'll do her very best,” Banner said. “I'm not voting for her. I certainly wouldn't wish her any ill.”
Anna Lynn Winfrey covers politics for the Pueblo Chieftain. She can be reached at awinfrey@gannett.com. Please support local news at subscribe.chieftain.com.
This article originally appeared on The Pueblo Chieftain: Why mayoral candidate Heather Graham returned a $1,500 contribution
