Gov. Laura Kelly is using funding from a political action committee to launch an attack against a member of her own party, according to the ad’s target — House Minority Leader Vic Miller.

“I want to be clear, I am not the enemy of the governor,” Miller, D-Topeka, told State Affairs after viewing the ad in his office on Tuesday. “I’m trying to assist her during the final two years of her term, not work against her.” 

The governor’s Middle of the Road PAC released the ad Monday. Kelly originally formed the PAC as a way to chip away at Republican supermajorities in the House and Senate via the promotion of moderate legislators. 

“I doubt that anybody giving money to her PAC imagined this was going to be the use of the money,” Miller said.  “This ad has zero relevance to the supposed purpose of the PAC. And it never crossed my mind that I would be in a situation where I would have to defend myself from that kind of stuff against a supposedly Democratic organization.”

Miller is in the midst of a contentious primary for Senate District 19. Kelly announced last week that her PAC is endorsing one of Miller’s opponents, Patrick Schmidt, in the Democratic-leaning district. 

Miller said he’s spoken with multiple individuals who donated to Kelly’s PAC who are now “outraged” that dollars from the PAC’s war chest were used to attack a member of the Democratic  party. 

“Some of the people who have contributed money to the PAC have told me that they feel like they have been scammed,” Miller said. “And I think some of them may be in the process of asking for their money back.” 

Rep. Jason Probst, D-Hutchinson, also expressed displeasure over the ad. 

“It’s sad when family is fighting family,” he said. 

Exacting ‘retribution’

Miller contends the ad is “retribution” leveled by Will Lawrence, Kelly’s chief of staff, for an amendment proposed by Miller during last month’s one-day special session. The amendment was ultimately rejected, but would have altered a long-sought tax compromise devised by Kelly and Republican leadership. The  amendment offered property tax relief to disabled veterans. 

Lawrence, in an interview Friday, denied the PAC’s endorsement of Schmidt was related to Miller’s actions during a special session. Instead, the PAC’s senior adviser indicated the endorsement is related to Miller’s overall history in the Legislature.

“He has a full body of work that demonstrates that he’s out for himself,” Lawrence said. “He is a selfish politician who whenever he’s making a decision, it’s what’s in it for him. It has nothing to do with his constituents.”

The attack ad claims that Miller “voted to bring back the Brownback tax scheme with huge tax cuts for millionaires and big corporations — forcing families and local schools to pay the price.” 

“Vic Miller voted for all that,” said the ad. “Now  your vote can keep him out of the state Senate.”

Miller said any comparison to former Kansas Gov. Sam Brownback, whose legacy is largely defined by a controversial tax cut experiment, “is laughable.”

“I’ve already heard from a number of my colleagues who think it’s a ridiculous comparison,” Miller said. 

The ad, according to Miller, is patently misleading because it references a vote he cast in March 2023 for a tax cut proposal that was later bundled with other items. Miller’s affirmative vote for Senate Bill 169 was also called into question by Schmidt during a July 13 candidate forum in Lawrence. Schmidt described SB 169 as a flat tax bill, and one that would mostly benefit the state’s top earners. 

Miller said his rationale for casting the “yes” vote included property tax relief for homeowners, elimination of the so-called Social Security tax cliff, tax cuts for seniors earning less than $100,000 annually and a reduction of food sales tax to zero on July 1, 2023.

“While I would prefer a more progressive income tax, even that piece has been greatly improved from the original bill [and] increases relief for those with lower incomes,” read a letter of explanation cosigned by Miller and other legislators. 

Miller contends he’s a victim of circumstance due to the Legislature’s “rampant practice of bundling bills.” In echoing a now infamous line from former U.S. Senator and 2004 presidential candidate John Kerry, Miller said he voted for the legislation before voting against it. 

“After the vote, it went to conference [committee] and was changed,” Miller said. The vote put Miller on the same side as Kelly, who later vetoed the bill. 

Miller added that he’s “led the charge” against flax tax proposals. 

“To the extent that the very first thing Republicans did in 2024, is they floated out a bill that included a flat tax,” Miller said. “We railed against it — [Kelly] vetoed it — and we helped her sustain the veto.”

Had he initially voted against SB 169, Miller said his opponents would have crafted a narrative that he “voted against all this good stuff — all these things people wanted.” 

Miller contends that Kelly is taking a page from the Republican playbook by “weaponizing” votes on bundled legislation against Democratic lawmakers. 

“We’re already wary of it being used against us by Republicans,” Miller said. “And this is an example of how bundling can be used against you no matter how you vote.” 

Miller characterized bundling as “underhanded” and “a device mastered by Republican leadership to put Democrats in an impossible ‘catch-22’ position.” 

“You put the poison with the sugar,” he said. “So no matter what’s consumable, they can use it against you.”

Matt Resnick is a statehouse reporter at State Affairs Pro Kansas/Hawver’s Capitol Report. Reach him at [email protected].