Elisabeth Epps' nonprofit raises questions about transparency, conflicts
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Rep. Elisabeth Epps on the House floor last month. Photo: Helen H. Richardson/The Denver Post via Getty Images
Elisabeth Epps is a state lawmaker at the same time she leads a criminal justice nonprofit that lobbies state lawmakers.
Why it matters: The dual role is an unusual arrangement at the state Capitol — one that leads to questions from ethics attorneys about potential conflicts of interest and raises eyebrows as she seeks re-election to House District 6.
State of play: The Democrat founded the nonprofit Colorado Freedom Fund in 2018 and continued to serve as its executive director after being elected in 2022.
- The nonprofit's two other staffers are registered lobbyists and the organization hires an outside lobbying firm to represent its interests at the Capitol.
- It is a subsidiary of the Arizona-based nonprofit Alliance for Global Justice, a social justice and human rights organization. Records show that neither is registered as a charitable organization in Colorado, despite a law requiring it in most circumstances.
What they're saying: Suzanne Staiert, a former deputy secretary of state, said the organization should register as a charity but acknowledged the enforcement mechanisms are weak.
- Epps did not reply to numerous requests for interviews about her role with the nonprofit. An automated response from her work email said she is out of the office until after the primary election.
Friction point: The arrangement allows Epps to introduce bills and puts her organization in a position to lobby for their passage.
- In her two years, the Colorado Freedom Fund lobbied in support of six of the 14 bills for which Epps was a primary sponsor, state records show.
- In nearly every instance, Epps voted in line with her nonprofit's position.
Zoom in: For example in 2023, she voted in a House committee to kill Senate-approved legislation that increased penalties for selling drugs to someone who then died. Her organization lobbied against the bill.
- In 2023 and 2024, she introduced legislation to legalize supervised drug-use sites, which her organization lobbied for. Both bills failed.
The other side: Rebecca Wallace, the Freedom Fund's policy director and a veteran lobbyist, said Epps' opinion on legislative priorities and policy positions is "solicited and critical," but the lawmaker is not the final decision-maker. Epps also has no role in hiring lobbyists.
- "I make decisions related to policy based on our mission and not based on any legislator's position, including Rep. Epps," Wallace said in an interview.
- "I'm not saying there's no delicacy to this but I think we've done it very well," she added.
Yes, but: The nonprofit — which is dedicated to ending cash bail and reducing jail populations — fundraises off its work at the Capitol. That benefits Epps, who takes a salary from the organization.
Follow the money: How much money the Colorado Freedom Fund raises and spends each year is not clear.
- The Alliance gave the Freedom Fund $1.4 million in 2020 for racial justice efforts, according to federal tax records, but did not report any contributions in the next two years.
- Wallace said Freedom Fun registers with the state as a business entity but its nonprofit filings are handled by the Alliance, which did not return messages seeking comment.
Context: A review of publicly available records shows the Freedom Fund has a prominent fundraising footprint. The Broncos organization gave the fund $35,000 in 2022 for its social justice work.
- In addition, the Colorado Health Foundation, which also hires lobbyists at the Capitol, gave Epps' nonprofit $1 million in 2022 for health equity work.
The fine print: Epps is not the only lawmaker whose role generates questions about conflicts.
- One recent example: Speaker Pro Tem Chris deGruy Kennedy was named CEO and president of the Bell Policy Center, a liberal advocacy organization, in May — just days after shepherding through a property tax bill that the center helped write.
- deGruy Kennedy, who starts July 1, said his arrangement doesn't violate ethics laws but acknowledged it could create a perception problem. If lawmakers return to session, he said he would consider recusing himself from votes as needed.