Colorado Democratic candidate spends campaign money on hair, clothes and makeup

Is Democratic candidate Vivian Smotherman, who is running for one of Colorado’s hottest state senate seats, violating Colorado campaign finance laws and regulations?

Smotherman used more than $1,000 in campaign donations to pay for clothes, hair styling and a consultant (who is also a hairstylist) for her appearance.

The state’s campaign finance manual does not expressly prohibit a candidate from spending campaign contributions on hair and clothing. Still, it states that candidates “may not use contributions for personal purposes not reasonably related to the candidate’s election.” The only specific language in the manual regarding the permissible use of campaign contributions for personal use relates to the care of a child or dependent.

Aly Belknap of Colorado Common Cause stated that campaign funds should be used for legitimate campaign expenses.

“My interpretation is that a candidate’s personal appearance is not important” and is a necessary expense for the office, she told Colorado Politics.

However, she also said this appears to be an untested area of campaign finance law.

Smotherman’s first expenses for the “style and appearance consulting” consultant were made on January 1, 2024, the same day Smotherman filed an affidavit to run for the Senate district that covers southwestern Colorado from the Utah border to east to Alamosa.

By mid-January, Smotherman spent another $613 on hair and makeup at the same consultant and at two stores for “professional clothing for campaign, style and appearance purposes,” according to reports filed with the Secretary of State.

She paid for more clothes in March and June, as well as alterations, all with campaign money. The total amount reported was $1,075.93.

Smotherman told Colorado Politics that she contacted the Secretary of State to check whether these expenses were allowable and was told that no one had asked such a question before.

A spokesperson for the Secretary of State’s office told Colorado Politics: “If any person believes campaign finance rules have been violated, they can file a formal complaint with the Secretary of State’s office. As any such matter may be brought before the department, we cannot comment further.”

Colorado Politics found no campaign finance complaints on the Secretary of State’s website related to the use of campaign funds for these types of personal expenses.

Senate District 6 is on Democrats’ wish list for taking the seat away from Sen. Cleave Simpson, R-Alamosa. Doing so could get Democrats to the magic number of 24, which would give them a veto-proof majority in the state Senate.

Democrats currently have a 23-12 advantage in the upper house.

Republicans began increasing their campaign spending to defend Simpson. As of Sept. 30, the Senate Majority Fund’s independent spending committee had spent $134,507 to help re-elect Simpson.

So far, Smotherman has raised just over $59,000 and has loaned her campaign another $12,000. Simpson raised $142,000 in donations. As of September 30, Smotherman had about $28,000 left in the final month of the campaign; Simpson has almost $88,000 left.