The small number of Democratic lawmakers in Utah were dogged with anti-transgender ads in the weeks leading up to last month’s election by a political action committee that had disclosed little information about its organizers and funding to the public. Now, complaints about the PAC’s alleged state campaign finance law violations have been forwarded to the attorney general’s office for investigation.
As it attacked Utah’s only openly LGBTQ+ lawmaker and more than a dozen other Democratic legislative candidates with mailers and texts saying they “voted against Utah’s girls” and “let men use girls’ restrooms and locker rooms,” the PAC submitted a pre-general election report saying it had raised $0 and spent $0.
In a statement to The Salt Lake Tribune, a spokesperson for Lt. Gov. Deidre Henderson, whose office oversees elections and campaign finance reporting, said, “The Office of the Lieutenant Governor has received a handful of complaints relating to the ‘Preserving Utah Values’ PAC. After attempting to contact the PAC sponsors and receiving no response, the complaint was forwarded to the attorney general’s office as required by Utah Code 20A-11-603.”
Utah Code 20A-11-603 outlines the penalties for failing to comply with campaign finance reporting requirements, and instructs the lieutenant governor’s office to “report all violations ... to the attorney general.”
A spokesperson for Attorney General Sean Reyes’ office did not answer queries about a possible investigation of the PAC prior to this story’s publication.
(Trent Nelson | The Salt Lake Tribune) House Speaker Mike Schultz, R-Hooper, at the Utah Capitol in Salt Lake City on Friday, Feb. 23, 2024.
The state’s election code mandates that PAC organization filings include “the name, address, telephone number, title, and occupation of ... each individual or entity represented by, or affiliated with, the political action committee; and other relevant information requested by the lieutenant governor.” A person who “intentionally or knowingly gives false or misleading material information in a statement of organization” could be charged with a felony.
Laws also require the PAC to file a “verified financial statement” of contributions and expenditures if each of those total $750 or more. According to state code, the report must include: the name and address of any person or entity who donates to the PAC, and how much, and the amount of the contribution, as well as nonmonetary contributions and the value of those. The committee’s treasurer or chief financial officer is required to submit a statement certifying the financial report is accurate.
Preserving Utah Values PAC’s ads were largely funded by House Speaker Mike Schultz, under whose gavel many of the Democratic lawmakers targeted by the ads work, according to a disclosure filed Saturday — more than three weeks after the election. His $120,000 donation to the PAC is the only contribution the entity has so far disclosed.
Responding to questions through a spokesperson Monday, Schultz did not say whether he played a decision-making role with the PAC or whether he knew who organized it. Instead, he offered a statement: “Defending Utah values is the right thing to do. These principles are the foundation of who we are and I will always fight to protect them.”
The only officers listed for the PAC, which organizing documents say is based in Wisconsin, are Thomas Datwyler and Timothy Datwyler — renowned treasurers for Republican candidates and campaign committees that champion GOP causes. Among Thomas Datwyler’s clients are U.S. Sen. Mike Lee, U.S. Rep.-elect Mike Kennedy and former Utah House Speaker Greg Hughes.
Over his years overseeing political groups’ fundraising and spending, Thomas Datwyler has also built a reputation for skirting campaign finance laws. He serves as the treasurer for recently reelected Tennessee Rep. Andy Ogles’ campaign, the finances of which the FBI is investigating for fraud. He is treasurer for a shadowy PAC that raised legal questions in an Arizona congressional race this year, The Arizona Republic reported. And in July, the Conservative Nevada Leadership PAC reportedly accused him of wire fraud.
As Reyes’ office investigates the PAC, legislative auditors are preparing a report on the attorney general’s office’s “oversight and effectiveness.” That audit stems from questions that emerged about Reyes’ decision-making, travel policies and efficiency amid accusations of sexual misconduct against his longtime associate Tim Ballard, the founder of the anti-trafficking nonprofit Operation Underground Railroad.
The results of that audit are expected to be released in January.
As Utahns weighed candidates in a slate of elections on the federal, state and local levels in both primary and general contests — including for his replacement — Reyes did not make any political contributions this year, according to campaign finance disclosures.
