Two third-party governor candidates file complaint over debate denial in Pueblo

PUEBLO, Colo. (KRDO) -- Multiple third-party candidates for Colorado Governor have filed complaints with the Colorado Secretary of State's Office after they were denied an opportunity to participate in a debate sponsored by the Greater Pueblo Chamber of Commerce on September 28.

The complaint, filed by Danielle Neuschwanger and Kevin Ruskusky, claims the sponsor "has failed to invite all parties that have Ballot Access."

The complaint goes on to say their exclusion is "without fair and equal treatment to all gubernatorial candidates" and that the Pueblo Chamber of Commerce is "trying to influence the election."

Neuschwanger, a candidate for the American Constitutionalist party, previously told 13 Investigates that she asked the Chamber of Commerce President Duane Nava multiple times to be invited to debate. Nava refused and cited that all third-party candidates in the governor's race did not meet the required threshold, which was receiving 15% of the vote in polling numbers.

Questions arose when 13 Investigates obtained a text message from Nava about the participation of third-party candidates.

In the text message, Nava told Neuschwanger's campaign, "in order to ensure that we do not lose this debate entirely we are going to stick with the agreed upon terms previously set."

13 Investigates asked Nava about the claim that one of the other candidates might drop out. He referred us to each campaign for Polis and Ganahl.

In a statement, Ganahl's campaign said:

"Heidi is excited to present her vision for Colorado's future with Pueblo. This debate was one of the first debates we agreed to in an effort to get outside the Denver/Boulder areas. We did so based upon parameters that were proposed by the Pueblo Chamber several weeks ago."

Lexi Swearingen, Communications Director

In a statement, Polis' campaign said:

"Governor Polis will be participating whether one or all gubernatorial candidates go. He is looking forward to talking about his solutions for keeping Southern Colorado and all of the state moving forward."

Amber Miller, Communications Director

Since that text message exchange and the previous 13 Investigates report, the complaint now alleges that Nava has offered Neuschwanger, "items that could only be seen as a bribe or criminal extortion, to the extent of podcasts, nonpublic endorsements and support from Action 22." Action 22 is the non-profit group moderating Wednesday's debate.

Tuesday, 13 Investigates spoke with Kevin Ruskusky, the Libertarian gubernatorial candidate, regarding why he filed a complaint.

"I believe needing 15 percent of the vote is a catch-22 because in order to get 15 percent of the votes, you have to be visible and how else can you be visible than on a debate stage," Ruskusky questioned.

Ruskusky, a school teacher turned candidate for Governor from Aurora, says he views being denied participation as an "injustice." He told 13 Investigates that filing the complaint was an effort to make the public aware of their continued pleas to be on the debate stage.

"I believe this is an opportunity to give everyone some equitability. We are all Americans. This is what our country was set up to be, to hear the voice of the people," Ruskusky said. "It's very hard to cram everyone's voice into two parties."

13 Investigates reached out to the Secretary of State's Office regarding what alleged violation or state statute is being evaluated in the filed complaints.

They said they cannot comment on a "active investigation."

Complaints through the Secretary of State's Office are typically regarding alleged campaign finance violations or improper filings. However, in this case, the candidates checked the "other" box on the complaint form and said, "Restriction of 3rd party candidates to participate in public debate for Gubernatorial election 2022."