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Tancredo seeks ruling on $50,000 donation
He wants to give to group urging curbs on services to illegals

Tom Tancredo will appear in advertisements supporting
By M.E. Sprengelmeyer, Rocky Mountain News
February 16, 2006

WASHINGTON - Rep. Tom Tancredo has asked the Federal Elections Commission to say whether his congressional campaign can give up to $50,000 to a Colorado group behind a proposed constitutional amendment restricting state services for illegal immigrants.

Tancredo, R-Littleton, is seeking an advisory opinion that could have national implications. It could clarify a gray area of the law and determine how much members of Congress can get involved in state ballot initiatives.

Campaign treasurer Jon Ponder said Tancredo has not decided exactly how much to contribute to the group, Defend Colorado Now, but proposed the $50,000 figure in hopes of getting clear guidance on what's allowed.

The group is trying to qualify a ballot measure that would amend the Colorado Constitution to prohibit illegal immigrants from benefiting from state services, except those mandated by the federal government, such as K-12 education and emergency medical care.

Tancredo is one of the country's most outspoken advocates of tougher immigration enforcement.

"Tom obviously favors it. He has publicly come out in support of it, I believe, and we would like to help them to the extent we can both financially and legally," Ponder said.

"I wanted to make absolutely certain we dot every 'i' and cross every 't.' "

Congressional campaign committees can contribute to state groups like Defend Colorado Now; the question is how much.

If a campaign committee gives too much, a congressman could be seen under the law as being in charge of the state group, forcing it to comply with strict federal campaign finance limits.

In a series of letters, first reported by the Capitol Hill newspaper, Roll Call, Tancredo's committee has asked for a ruling on three alternatives:

• Whether Tancredo's committee can give up to $50,000, or up to half of a group's total contributions, whichever is lower.

• Whether his committee can give up to $50,000, or up to 25 percent of the group's total contributions.

• Whether his committee could pay the state committee's vendors directly.

In response to questions from the FEC, Ponder said Tancredo plans to appear in advertisements supporting the initiative and that he would have access to the group's polling data before he "will independently decide" on the content of his endorsement message.

Through the end of 2005, the Defend Colorado Now committee had $5,818 of remaining cash on hand. But in response to a question, Ponder said the group also had received pledges of $8,000 from former Gov. Dick Lamm and $37,500 from U.S., Inc., an anti-illegal immigration group.

The FEC is expected to issue an advisory opinion sometime in the spring. It is important from a national perspective because the commission is still clarifying aspects of the McCain-Feingold campaign finance reforms, which took effect in 2002. The FEC's decision on the Tancredo case could affect other lawmakers who want to get involved in this or other state ballot initiative campaigns.

"With so much legislation coming through the states now, I think this issue is going to come up again," Ponder said.