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Loophole allows Boebert to blast back against attack ad

The money for the ad comes from the Republican congresswoman's "franked mail" budget for official communications, and it doesn't have to be actual mail anymore.

PUEBLO, Colo. — There is a funny game politicians must play while also running for office. 

Their official work must be kept separate from being a candidate on a ballot. 

For instance, they cannot make campaign phone calls from their work phone. They cannot use their official email to talk about campaign-related events. And politicians cannot spend taxpayer dollars on campaign ads. 

Though, there appears to be a loophole that allowed for Republican Congresswoman Lauren Boebert to fight back against an attack ad. 

An ad paid for by Rocky Mountain Values, which is a group trying to unseat Boebert, attacks the Congresswoman about veteran-related health care. 

“There's one thing that sticks with you from serving is you leave no one behind. But Lauren Boebert voted against healthcare for veterans who were exposed to the toxic burn pits,” veteran George Autobee said in the political ad. 

There is a digital and radio ad that Boebert has paid for with taxpayer funds that appears to push back. 

"Don't believe the lies you are hearing about Congresswoman Boebert and veterans,” veteran Richard Hathorne said in an ad that ends with an odd disclaimer. 

"Paid for by official funds by the House of Representatives,” the ad ends. 

What does that mean? 

The ad is paid for by you, the taxpayer. 

It was paid out of Boebert’s “franked mail” budget. 

What is franked mail?

“The type of communication that a member can use taxpayer funds to fund would be official communications,” DU political science professor Sara Chatfield said. “That would be distinct from personal communication or, especially, campaign or fundraising communication.” 

Franked mail used to be mail. 

For example, former Democratic Congressman Ed Perlmutter sent his constituents a flyer in the mail touting the Inflation Reduction Act and saying goodbye.

Earlier this year, Republican Congressman Ken Buck mailed an update to Douglas County constituents.

The mail does not require a stamp, rather, only the signature of the member of Congress. The Postal Service is paid back using taxpayer money. 

You can search franked mail materials for any House member at this Public Disclosure website.

“Official communication is used for things that deal with official Congressional business,” Chatfield said. “Reporting that a bill was passed, that a member voted for a bill, reporting on the contents of the bill.” 

She explained that describing case work would be an OK use of taxpayer funds. 

Boebert has three digital and radio ads paid for with franked mail funds. 

One of them has another veteran describing difficulty getting an increase in his Veterans Affairs disability until he contacted Boebert. 

“As opposed to, ‘please donate $25 to my campaign,’ that would be an example of something that’s very clearly a campaign communication,” Chatfield said. 

The Communications Standards Commission must approve use of franked mail funds. It has three House Republicans and three House Democrats. The ad from Boebert that has the veteran saying “don't believe the lies you are hearing about Congresswoman Boebert and veterans” had to be approved by the commission. It was submitted for approval on July 6 and approved on July 21.

“I think that is, probably, the most borderline statement I heard among the three spots,” Chatfield said. “The standards written up by the House Communication Standards Commission say there shouldn’t be any content that is laudatory of a member on a personal or political basis.” 

Every three months, the financial spending of House members gets published. You can search the Statement of Disbursements to see how your House member spends money.

From January 2021 to March 2023, Boebert spent the most on franked mail pieces. 

Rep. Lauren Boebert (R): $160,777.50 

Rep. Doug Lamborn (R): $78,953.83 

Rep. Diana DeGette (D): $76,703.12 

Rep. Joe Neguse (D): $61,716.93 

Rep. Ken Buck (R): $58,822.84 

Rep. Ed Perlmutter (D): $58,079.03* 

Rep. Jason Crow (D): $37,358.58 

*Perlmutter did not run for reelection in 2022. 

As of March 2023, new Democratic Congresswoman Brittany Pettersen and Yadira Caraveo had not spent any taxpayer money on franked mail.

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