Showing posts with label Doug Ducey. Show all posts
Showing posts with label Doug Ducey. Show all posts

Friday, February 2, 2018

BREAKING: APS Re-Starting Its Big Money Campaign: Gives $150,000 To Support Ducey, Brnovich

APS (aka Arizona Public Service) has already donated at least $150,000 to support the re-election campaigns of Governor Doug Ducey and Attorney General Mark Brnovich

Perhaps gearing up for a repeat of its political performance in 2014, Pinnacle West Capital Corporation - APS' parent company - gave $100,000 to the Republican Governors Association and $50,000 to the Republican Attorneys General Association in the 2nd half of 2017. (The complete filings are below.)

The RGA and the RAGA are required to disclose contributors* on a quarterly or semi-annual basis, and filed their year-end reports just under the deadline on Wednesday.  APS is getting an early start on their re-election support. As Arizona's Politics reported extensively on in 2014, the APS contributions did not come until the two months before the general election.

APS contributed $425,000 to RAGA, which ended up spending more than $3.0M in television advertising shredding Brnovich's Democratic opponent, Felecia Rotellini.  APS donated $50,000 to the RGA two weeks before election day, as that organization was winding up its $6.1M campaign to help elect Ducey. (For perspective, RGA raised $25.6M in the last 6 months of 2017, RAGA raised $8.5M. Their Democratic counterparts raised $16.0M and $3.7M, respectively.)

(APS also contributed $560,000 to the pro-McCain SuperPAC - Arizona Grassroots Action - in 2016.)
Courtesy of Arizona Republic

Not coincidentally, the Arizona Republic just published a picture of Governor Ducey deep in conversation at the Phoenix Open... in the RGA's suite.

Of course, in addition to the nearly 1/2 million that APS contributed in 2014 to these party-centric organizations - APS does not donate to their Democratic counterpart organizations, by the way - the state's largest utility also apparently spent large amounts of money donating to anonymous/dark money groups working on Corporation Commission and Secretary of State races. They also may have supported dark money groups active in the gubernatorial contest.

For their profligate spending, APS and most of the Corporation Commission is currently involved in a court battle with Commissioner Robert Burns. Burns is trying to force APS to disclose all of its political contributions in the 2014 campaign. (A Motion to Dismiss Burns' most recent case is currently awaiting Judge Daniel Kiley's decision.)

APS' robust and early start supporting their favored candidates in 2018 may just raise the level of urgency to Commissioner Burns' attempted inquiry.







*RAGA also receives considerable money from organizations that do not disclose their original contributors, so they are a somewhat dark money group. After an extensive analysis, Arizona's Politics scored RAGA at a 35 on its $#50ShadesOfDarkMoney spectrum.

We welcome your comments about this post. Or, if you have something unrelated on your mind, please e-mail to info-at-arizonaspolitics-dot-com or call 602-799-7025. Thanks.

Friday, January 29, 2016

BREAKING: Noble's Dark Money Washing Machine Cycled $5.1M Into Arizona Governor Race, Corp. Commission Issues In 2014, New Tax Filings Show (#50ShadesOfDarkMoney)

(UPDATE, 1:10pm: Sean Noble responded to Arizona's Politics with the following statement (in its entirety): "I have never been involved in Corporation Commission races either inside any campaign or the outside." It is entirely possible that AE's involvement detailed in the article was limited to the solar/net metering issue.The article has been adjusted accordingly, and further details have been requested.  Also have changed headline to remove reference to ACC "race".)

A new tax filing from Sean Noble's "American Encore" washing machine shows that he did, indeed, run the dark money portion of Doug Ducey's Arizona gubernatorial campaign, funneling money to various groups which - combined with AE's own ads - resulted in more than $3.3M in anonymized spending. The groups that received grants from AE also spent heavily on the Corporation Commission race, supporting Justin Pierce for Secretary of State and on the solar/net metering issue.

Through all of these transactions, Noble's personal companies netted more than $1.8M, and American Encore retained nearly $3.5M going into the quiet 2015 year (ready to spend this year).

The sources of the $5.4M contributed to American Encore in 2013-14 are entirely secret, leading to the use of the term "dark money." Arizona's Politics has previously offered its definition of dark money and scored organizations on its #50ShadesOfDarkMoney spectrum. AE is a solid dark 50 on the scale.

American Encore is a 501(c)(4) social welfare organization. Its required IRS filing for 2014 was made this past November and just became publicly available this month. (That is part of the problem with the patchwork of disclosure laws - untimely disclosures which organizations can take advantage of.)

AE started 2014 off with $8.5M in the bank, and brought in $3.2M during the year. Of the $7.9M spent during the year, most - $5.1M was either directly spent in Arizona or went to groups that have been focused on Arizona races. Here is the breakdown.

Arizona Governor's Race

Sean Noble has worked with now-Governor Doug Ducey for the past several years. While he was the main money man for the nationally-prominent Koch brothers' political operation, he also was the dark money conduit for then-Treasurer Ducey's organization opposing the renewal of a 1% sales tax to help fund education. The Noble operation anonymized $925,000 for that Ducey campaign.

During the 2014 gubernatorial campaign, it was widely assumed that Noble was not joining the Ducey campaign so that he could operate the anonymized independent expenditures. Arizona's Politics and others detailed the links between Noble and some of the committees which popped up. This tax filing confirms those connections.

First up was a mysterious group out of Iowa which began an odd $173,000 attack on then-Mesa Mayor Scott Smith; he was widely seen as a top candidate for the GOP nomination. Legacy Foundation Action Fund. At the time, Arizona's Politics sketched out the data points that might connect LFAF to Noble.

The 990 shows that American Encore did, in fact, give LFAF $880,000 in 2014 (and $25,000 in 2013). In addition to the $173,000 for the TV ad, LFAF is apparently using some of the rest of the money for legal expenses being incurred in their ongoing battle with the Arizona Clean Elections Commission, which is now pending in the Court of Appeals.*

The following month, another new (to Arizona) organization popped up with another unusual attack. Veterans For a Strong America ("VSA") started up an ad campaign hammering Christine Jones - another top candidate for the GOP gubernatorial nomination. Jones was lambasted for saying positive things about Hillary Clinton and later for misleading voters about her military service. Arizona's Politics asked VSA to explain who was funding its involvement (they declined), and pointed out the past connections to Noble.

We now know that, in fact, American Encore gave a total of $275,000 to VSA in 2014. As VSA filed no 2014 reports with the Arizona Secretary of State, the FEC (it had filed its 2012 anti-Obama spending), or the IRS (its status has been revoked), we cannot tell what happened to the rest of AE's money.

American Encore gave $450,000 to the well-known Arizona Free Enterprise Club ("AZ FEC") during 2014. The AZ FEC also ran a $150,000 TV ad hammering Smith two weeks before the primary. However, because AZ FEC poured a total of $1.7M into statewide and legislative races in 2014, and because it, too, does not disclosed sources of money, it is not (yet) provable as to whether the AE grant was for the Governor's race or for the Corporation Commission race (see below).

AE's longtime close collaborator - the 60 Plus Association - also received the most money from AE. In 2014, the grant(s) was/were $1,845,000; the year before, $529,000 was transferred. 60 Plus spent more than $1.6M on Arizona elections that year, and was also involved in the 2013 Corporation Commission battle between APS and solar companies (solar/net metering). $1,332,000 was spent on the Governor's race - mostly ($752,000) before the GOP primary in August.

After the primary battle was over and Ducey came out on top, Noble's American Encore felt it could take a lead in the general election campaign. AE spent $1,437,670. Most of it was "pro-Ducey", as 60 Plus took the negative route, spending $578,000 hammering Democratic nominee Fred DuVal.

Arizona Corporation Commission

Noble's and American Encore's influence on the Arizona Corporation Commission race and its related matters (i.e. the GOP primary for Secretary of State, solar/net metering) is ony slightly cloudier than on the Governor's race.**  However, the AE tax filings and other research do provide valuable data points, and when combined with an unusual admission from APS, it would appear that Noble served as a money funnel for this race, too. Noble tells Arizona's Politics that he was "not involved"; it is entirely possible that AE's involvement detailed below was limited to the solar/net metering issue. (Arizona's Politics has requested further details.)

As discussed, AE granted $450,000 to the Free Enterprise Club and nearly $2.4M to 60 Plus Association. Those groups did not spend all of those monies on the Governor's race. 60 Plus was active in 2013 in the solar/net metering, and AZ FEC spent $453,250 on the ACC election (almost exactly the amount it received from AE).  AZ FEC also dumped $752,447 in an unsuccessful attempt to secure the GOP Secretary of State nomination for Justin Pierce, son of ACC Commissioner Gary Pierce.

Finally, AE gave a total of $1,546,000 to Prosper, Inc. ($1.3M in 2013 and $220K in 2014). Those grants made up nearly all of Prosper's revenues in those years***. The 501(c )(4) was led by former Arizona House Speaker Kirk Adams. Adams is now Governor Ducey's Chief of Staff. Prosper, Inc. took a lead role on the pro-APS position in the solar/net metering battle of 2013.

(Ducey, Adams and Noble also teamed up on the best-known dark money sagas of the 2012 election. Ducey chaired the committee opposing the continuation of the state sales tax for education, Noble was the committee's chief political consultant and Adams headed up dark money behemoth Americans for Responsible Leadership, the source for most of the committee's funds. AE's predecessor, the Center to Protect Patient's Rights, and ARL were the key cogs in the Koch brothers' political money operation that year.)

Significantly, APS acknowledged to the Arizona Republic's Ryan Randazzo in 2013 that it had provided money to both Prosper, Inc. and 60 Plus - and, potentially other groups - through Sean Noble

The questions of APS' political contributions through Sean Noble and elsewhere**** are again in the news, as ACC Commissioner Robert Burns has issued a letter requiring them to detail their expenditures. The AE 990, along with other IRS filings reported on here and elsewhere, provide clues.

***

SIDE NOTE #1: As noted, Noble's American Encore used to be the linchpin of the Koch brothers' political money network. Articles after the 2012 election noted that he no longer held the dark money wizard title for the operation. The tax filings show this was true, although Noble does retain some ties. In 2013, AE "granted" the Kochs' Americans For Prosperity $225,000, and added $40,000 in 2014.

SIDE NOTE #2: 60 Plus Association also poured $305,624 in advertising into the Arizona Secretary of State campaign, hammering Democratic nominee Terry Goddard. Goddard had made dark money disclosure the centerpiece of his campaign, and has now launched an initiative effort to amend the Arizona Constitution to require disclosure of original sources of money.





*LFAF has many apparent discrepancies between its public filings with the IRS and the FEC, as well. The $905,000 from AE does not appear to be properly accounted for. (An article for a future date.)

** One of the purposes of anonymizing money and laundering it through different groups, after all.

***As Arizona's Politics reported, former Arizona Senator Jon Kyl - and, Ducey "mentor" did contribute $10,000 to Prosper

****As Arizona's Politics uncovered, APS funneled at least $425,000 to support Mark Brnovich's Attorney General campaign and at least $50,000 to support Ducey.

*****Arizona's Politics would like to give a shout-out to Guidestar, Foundation Center, and Citizen Audit for making the IRS filings of these organizations easily findable on the internet. Phoenix attorney Paul Weich greatly contributed to the researching and writing of this article. Links and copies of related documents/filings available upon request.

We welcome your comments about this post. Or, if you have something unrelated on your mind, please e-mail to info-at-arizonaspolitics-dot-com or call 602-799-7025. Thanks.

Wednesday, April 16, 2014

What's Known So Far About Mystery Ad; READ: Mystery Ad Ignites War of Words Between GOP Gubernatorial Candidates Ducey, Smith

(Editor's note, 4/16, 2:40pm: This was originally published April 8, 2014. When adding tags, the program inadvertently deleted the previous article and re-published it as a "new article".  If you linked this article, please change to the new URL  The most recent article on this subject was published April 9, and is available here.)

The somewhat-unusual attack ad that calls Arizona gubernatorial candidate Scott Smith "Obama's Favorite Mayor"* may have already had its true intended purpose - to spark a debate on who is behind the ad.  Arizona's Politics has been digging around about the $173,000 ad buy, and can set out some data points without drawing a conclusion.

Background: the ad is from a group calling itself the Legacy Foundation Action Fund ("LFAF").  It attacks Smith's record - not as the Mayor of Mesa, but as the current President of the U.S. Conference of Mayors.  LFAF as audio of nearly-identical radio ads against Smith and the two Vice Presidents of the Conference - who happen to be Democrats.  Arizona's Politics has not confirmed whether those radio ads have actually aired in Sacramento (former Suns' star Kevin Johnson) and Baltimore; the true target of the LFAF may be Smith's gubernatorial run.

Yesterday afternoon, Mayor Scott Smith sent out an email to his list titled "The political games have begun.  He claimed that "On Friday, the political games began when an out-of-state special interest group tied to one of my opponents – Doug Ducey – began running negative ads against me.  Actually, describing them as negative would be generous since they contained a series of lies so distasteful that they do not deserve to be repeated."  (The full email is reproduced below the jump.)

Arizona Treasurer Doug Ducey wasted no time in responding.  His email hit inboxes at 7:46 this morning, titled "False accusations that have no merit."  He leads with "Amazingly, Mayor Smith’s campaign has reacted…by blaming me! For the record, I want you to hear it from me directly: no one involved in my campaign had anything to do with that ad. Period. The charge is false, and there are no facts to back it up."  (His full email is also below the jump.)

Of course, both of their statements can be true at the same time - and very well might be.  Smith claims that LFAF has ties to Ducey, and Ducey retorts that "no one involved in (his) campaign" was responsible.  (If someone in the campaign was involved, that would evidence "coordination", which could result in trouble under Arizona campaign law.

Here is what we have been able to learn of the new LFAF:

--LFAF is relatively new.  It has not filed a statement of organization with either the Federal Election Commission ("FEC") or the Arizona Secretary of State.  However, it has filed a couple of independent expenditure reports with the FEC, indicating that it has spent $350,000 in the last few months supporting a conservative candidate (Ben Sasse) for Nebraska's open U.S. Senate seat.
--Those FEC reports link LFAF with the Legacy Foundation, which is a 501(c)(3) non-profit organization that does not disclose its donors.
2) A somewhat-anonymous tipster says that it points back to Noble, and supporting Ducey. Only evidence he's given me so far, though, is that the ad buyer is Noble's. He also passed on a rumor that Noble is not on Ducey's campaign so that he can orchestrate IE's/etc (presumably like this one).


3) My research on Legacy turns up two tangential points of interest - one of its 1st big things, in 2010-12, was funneling about $1M to the Rose Law Group to pay for Sheriff Dever/Babeu's legal efforts in supporting SB1070. And, second, it granted $80K to Center for Arizona Policy in '12 (with Herrod on Ducey's team, hmmm) and $200K to American Family Association.


4) Legacy Foundation's 990's reflect from $770K in '10, to $4.8M in '11, to $6.6M in '12!


5) My article in 11/13 re: Ducey's Noble connection in the Prop 204 situation: http://bit.ly/AZp690


* Preview of Fact Check: it is highly unlikely that the President prefers Smith to Obama's former Chief of Staff and current Chicago Mayor Rahm Emanuel!


Wednesday, April 9, 2014

Unraveling Some of the Mystery Behind Governor Campaign Ad; READ: Mystery Ad Ignites War of Words Between GOP Gubernatorial Candidates Ducey, Smith

The somewhat-unusual attack ad that calls Arizona gubernatorial candidate Scott Smith "Obama's Favorite Mayor"* may have already had its true intended purpose - to spark a debate on who is behind the ad.  Arizona's Politics has been digging around about the $173,000 ad buy, and can set out some data points without drawing a conclusion.

Background: the ad is from a group calling itself the Legacy Foundation Action Fund ("LFAF").  It attacks Smith's record - not as the Mayor of Mesa, but as the current President of the U.S. Conference of Mayors.  LFAF as audio of nearly-identical radio ads against Smith and the two Vice Presidents of the Conference - who happen to be Democrats.  Arizona's Politics has not confirmed whether those radio ads have actually aired in Sacramento (former Suns' star Kevin Johnson) and Baltimore; the true target of the LFAF may be Smith's gubernatorial run.

(Review Arizona's Politics' previous articles on this ad here, here and here.  The ad is here.)

Yesterday afternoon, Mayor Scott Smith sent out an email to his list titled "The political games have begun.  He claimed that "On Friday, the political games began when an out-of-state special interest group tied to one of my opponents – Doug Ducey – began running negative ads against me.  Actually, describing them as negative would be generous since they contained a series of lies so distasteful that they do not deserve to be repeated."  (The full email is reproduced below the jump.)

Arizona Treasurer Doug Ducey wasted no time in responding.  His email hit inboxes at 7:46 this morning, titled "False accusations that have no merit."  He leads with "Amazingly, Mayor Smith’s campaign has reacted…by blaming me! For the record, I want you to hear it from me directly: no one involved in my campaign had anything to do with that ad. Period. The charge is false, and there are no facts to back it up."  (His full email is also below the jump.)

Of course, both of their statements can be true at the same time - and very well might be.  Smith claims that LFAF has ties to Ducey, and Ducey retorts that "no one involved in (his) campaign" was responsible.  (If someone in the campaign was involved, that would evidence "coordination", which could result in trouble under Arizona campaign law.

Here is what we have been able to learn of the new LFAF:

--LFAF is relatively new.  It has not filed a statement of organization with either the Federal Election Commission ("FEC") or the Arizona Secretary of State.  However, it has filed a couple of independent expenditure reports with the FEC, indicating that it has spent $350,000 in the last few months supporting a conservative candidate (Ben Sasse) for Nebraska's open U.S. Senate seat.
--Those FEC reports link LFAF with the Legacy Foundation, which is a 501(c)(3) non-profit organization that does not disclose its donors.  Former Iowa lawmaker Christopher Rants heads it up.
--The Legacy Foundation dates back to 2008, and has had some pretty close ties with Arizona in the last five years.  One of its first major projects, in 2010, was supporting Arizona Sheriffs Larry Dever and Paul Babeu in their BorderSheriffs.com organization.
            That first year, Legacy Foundation collected more than half-a-million dollars ($570,677) for the Border Sheriffs, and sent nearly half of it ($242,000) to the Scottsdale-based Rose Law Firm to represent the Sheriffs in defending anti-illegal immigration law SB1070 in the case that eventually reached the U.S. Supreme Court.  In 2011, they sent $538,229 to Rose Law Firm and in 2012 - when the Supreme Court decided the case - they paid Rose $403,502.  Total = $1,183,731.  (The 2010 and 2011 IRS filings are below the jump, the 2012 filing can be found here.)  (Here is the amicus brief funded through the Legacy Foundation.)
--In those years, the Legacy Foundation also sent more than $1.5M to the Phoenix-based Direct Response company for printing and mailing services.  Direct Response has also been a vendor for Ducey's gubernatorial campaign, and owner Jack Padavano contributed to Ducey.
--Finally,  it granted $80,000 to Center for Arizona Policy in 2012 and $200,000 to the like-minded American Family Association.  There has already been news coverage about CAP's President being an adviser on Ducey's campaign team.
--Legacy Foundation's 990 filings show that its revenues have climbed steeply, from $770K in '10, to $4.8M in '11, to $6.6M in '12.  In that last year, $2.1M came from direct mail contributions, with the rest coming from anonymized donors.  In 2011, one (anonymous) person gave $1,625,000 to Legacy Foundation.
--The ad firm behind Legacy Foundation's pro-Sasse ad in March, and presumably the anti-Smith/U.S. Conference of Mayors' spot is the well-known attack ad guru Larry McCarthy.  McCarthy has not done any work for Ducey's campaign (no ads yet), but Ducey hired him to produce spots for the No On Prop 204 (sales tax continuation) campaign (which Ducey headed).  (Direct Response Group also worked for Ducey on the No On Prop 204 effort.)

While it is not uncommon for different campaigns to have vendors in common, the data points can be very informative when attempting to ascertain where anonymized, "dark money" may be coming from and why it is flowing in certain directions.

Certainly, Smith's email alleging ties between Ducey and LFAF has some amount of truth.  And, while the above-described ties were discovered by Arizona's Politics - and, were not received from any tipster - the Smith campaign might be aware of even more connections.  On the other hand, Ducey's email denying involvement by any in his campaign on the ad is correct - although his charge that Smith's allegation is false with no facts to back it up is incorrect.

The true intent - and victory - of this ad may not have been to make voters think that Smith is really "Obama's Favorite Mayor", but to draw Smith into battle with Ducey.  The most recent polling showed the men in 3rd and 5th place, respectively, for the GOP nomination.


5) My article in 11/13 re: Ducey's Noble connection in the Prop 204 situation: http://bit.ly/AZp690
Legacy Foundation assisting BorderSheriffs.com: http://borderlinesblog.blogspot.com/2010/11/last-best-chance-to-defend-arizona.html
http://www.examiner.com/article/the-legacy-foundation-and-bordersheriffs-com

Legacy's/Dever's amicus on SB1070: http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/briefs/11-182_petitioneramcusheriffldever.authcheckdam.pdf

Legacy's 2012 990: https://bulk.resource.org/irs.gov/eo/2013_08_EO/26-3853831_990_201212.pdf

kpnx nab:


* Preview of Fact Check: it is highly unlikely that the President prefers Smith to Obama's former Chief of Staff and current Chicago Mayor Rahm Emanuel!


Tuesday, November 2, 2010

FACT CHECK: Ducey Running Ad Heavy On Election Day; "Desperate"

I rarely see any morning TV, but I made it a point to turn it on this a.m. in order to see what ads were still running.  Between the gym at 5:00 and now, I have seen Doug Ducey's ad titled "Andrei Cherny: Desperate" four times.  While it was put up on YouTube nearly a month ago (Oct. 7), this was the first time I had logged it.

The hybrid negative/positive ad starts with "Andrei Cherny launches a desperate and false attack." Also, on the screen, is featured a still of the Cherny ad with the Arizona Republic headline clearly visible.  The headline states: "Treasurer candidate Ducey didn't pay '08, '09 tax." 

The ad goes on to state "the truth" about Ducey: that he is an "honored businessman" who created hundreds of Arizona jobs.  That he is endorsed by the Arizona Chamber of Commerce and the Arizona Republic.

It then turns on Cherny: alleging that he was a California political insider who authored Obama's failed economic plan.  Finally, that Cherny's investment plans for Arizona are "risky" and "possibly illegal".

Claim (1) Cherny's desperate and false attack: Ducey is obviously referring to Cherny's ad which has been running for several weeks (though I have not - yet - seen it today).  Arizona's Politics Fact Checked that ad a month ago, and gave it a grade of "C-"; it was not false, although I challenged its methodology to come up with its estimate of the "cost to taxpayers" of defaulted Cold Stone Creamery franchises and placing all of the liability in Ducey's column.  Not quite the "false attack" Ducey's ad boldly claims.

Ducey's claim is made even worse by the combination of the narration and the visual: the only part of the Cherny ad that Ducey shows is the TRUE claim that Ducey had not paid his property taxes.  Ducey has even admitted that that happened, and was a mistake.  By using that still from the Cherny ad (rather than the "cost taxpayers $53 million" image), Ducey is making a false (and desperate?) attack.
       GRADE: "F"

Claim (2) Honored businessman who created hundreds of jobs, endorsements: He has been honored and he has helped create jobs.  He has received those endorsements.
       GRADE: "A"

Claim (3) Cherny is California political insider who authored Obama's failed economic plan:  I could find no evidence to support that Cherny is a "California political insider";  in fact, he lost a race for the California Assembly before moving here to marry and raise a family.  He has claimed to have co-authored Obama's plan, while asserting that the ideas were obviously Obama's.
       GRADE: "C"

Claim (4) Cherny's plans are "risky" and "possibly illegal":  Ducey's ad uses his Arizona Republic endorsement for these terms for Cherny's suggestion to safely invest some of state government's monies in companies that benefit the state economy.  The Republic's editorial writers are certainly not qualified to make such legal judgments, but Ducey is free to use them in his ads.  (Interestingly, in that same endorsement, the Republic does note that Ducey failed to pay his taxes - see claim #1.)  Nevertheless, it is somewhat misleading to make the suggestion that Cherny would be able to make an illegal shift in investment policy.
       GRADE: "B"

OVERALL GRADE:  Because the negative attacks are much more heavily weighted in this ad - especially Claim (1) - overall, this ad grades out at about a "D+".


We welcome your comments about this post. Or, if you have something unrelated on your mind, please e-mail to info-at-arizonaspolitics-dot-com. Thanks.

WATCH: Doug Ducey Ad Running This a.m.

While Ducey titles this ad "Andrei Cherny: Desperate", Cherny and his wife had their 2nd baby yesterday - the day before the election.  Talk about timing!

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Tuesday, October 5, 2010

FACT CHECK: Hard-Hitting Ad Against Treasurer Candidate Doug Ducey

Andrei Cherny, Democratic candidate for Treasurer, has unveiled a strong attack ad (titled "Above the Law") against Republican opponent Doug Ducey.  According to the campaign, the ad will begin airing on Phoenix TV stations today.  The ad mentions Ducey's late property tax payments and late corporate filings, but the strongest attacks are against the former Cold Stone Creamery owner's record at that ice cream chain.

Former franchisees Ken and Jennifer Gornall are featured, claiming that Ducey is "directly responsible" for franchise failures and that he "basically cheated people out of their life’s investments."  Ms. Gornall puts an exclamation point on it by stating "In my opinion, he’s a crook."

After the announcer touches on the late tax payments and annual reports, he returns to Ducey's record as Cold Stone CEO (1995-2007).  As the voiceover states that he "cost taxpayers millions", the visual shows: "Doug Ducey: Cost Taxpayers $53 Million".  In smaller print, they list the source as the U.S. Small Business Administration.

It ends with a fierce audio and visual, too.  Ms. Gornall says "He's not an ethical man," and the visual claims "Doug Ducey shouldn't be treasurer."

Mr. Cherny has the funds to run this ad many times.  According to his most recent report (Sept. 23), the Cherny campaign had $460,265.64 on hand (compared to $12,862.11 for the Ducey campaign).

The fact check analysis is below the jump.