BEFORE THE OFFICE OF ADMINISTRATIVE COURTS STATE OF COLORADO Case No. OS 2014-_ Plaintiffs/Complainants: LANG SIAS and MARIO NICOLAIS ‘ Defendants/Respondents: CHRISTIAN COALITION OF COLORADO, and THE NATIONAL FAMILY COALITION, and COLORADO FOR FAMILY VALUES, and COLORADO CITIZENS FOR RIGHT TO WORK COMPLAINT Plaintiffs/Complainants Lang Sias and Mario Nicolais (collectively the “Complainants”) state and allege the following: 1 PARTIES 1. __Plaintiff/Complainant Lang Sias (“Sias”) resides at 12726 West 85th Circle, Arvada, CO 80005. 2. Plaintift/Complainant Mario Nicolais (“Nicolais”) resides at 151 S. Carr St, Lakewood,CO 80226. 3. Defendant/Respondent Christian Coalition of Colorado (“CCC”) is a Colorado non-profit corporation with the address of P.O. Box 8317, Denver, CO 80201. The registered agent for CCC is Chuck Gosnell with the same address. 4. Defendant/Respondent the National Family Coalition (“NFC”) is a Delaware non-profit, corporation with the address of 8116 Arlington Blvd, Suite 142 Falls Church, VA 22042. The registered agent for NFC is The Corporation Trust Company with an address of Corporation ‘Trust Center 1209 Orange St, Wilmington, DE 19801 5. Defendant/Respondent Colorado for Family Values (“CFV”) is a Colorado non-profit corporation and with a mailing address of P.O. Box 911, Colorado Springs, CO 80901. The registered agent for CFV is Luther Benson with the same mailing address. 6. Defendant/Respondent Colorado Citizens for Right to Work (“CCRW”) is a foreign non- 1profit corporation with the true name Western States Right to Work Committee, Inc. (a Montana non-profit corporation) and with the address of 3700 Quebec St., Unit 100-338, Denver, CO 80207. The registered agent for CCRW is The Corporation Service Company, 1560 Broadway, Suite 2090, Denver, CO 80202. I, GENERAL ALLEGATIONS Plaintiff/Complainants aver that they are “eligible electors” as the term is defined under RS. § 22-31-101. Sias is an eligible elector residing in Colorado State Senate District 19 (‘SD19”) and Nicolais is an eligible elector residing in Colorado State Senate District 22, (“$D22"). 8. During the 2014 Election Cycle, Sias was a Republican candidate for SD19 and Nicolais ‘was a Republican candidate for SD22. 9. ‘Sias’ opponent in the Republican primary election for SD19 was Laura Woods. Nicolais” ‘opponent in the primary election for SD22 was Tony Sanchez. 10. _Sias, Nicolais and their opponents were all on the primary election ballot in their respective dist 11. The primary election for the State of Colorado occurred on June 24, 2014. 12, During mid-June 2014, CCC sent political mail pieces to eligible Republican primary voters in SD19 (sce Exhibit 1 - CCC SD19 Mailer) 13. During mid-June 2014, NFC sent political mail pieces to eligible Republican primary voters in SD19 (see Exhibit 2—NFC SD19 Mailer). 14, During mid-June 2014, CFV sent political mail pieces to eligible Republican primary voters in $22 (see Exhibit 3 - CFV SD22 Mailer). 15. During mid-June 2014, CCRW sent political mail pieces to eligible Republican primary voters in $D22 (see Exhibit 4 - CCRW SD22 Mailer). 16. Upon information and belief, CCC, NFC, CFV, and CCRW each spent more than one thousand dollars on the political mail pieces they sent to Republican primary voters. EIRST CLAIM FOR RELIEF (Failure to Report Electioneering Communications) 17. Plaintiffs/Complainants incorporate herein all previous allegations. 18. The Colorado Constitution defines “electioneering communication” in Article XXVIII § 21(7)(a) as “any communication ... directly mailed ... to personal residences or otherwise distributed that: ( —_Unambiguously refers to any candidate, and (I) Is... printed, mailed, delivered, or distributed within thirty days before a primary lection or sixty days before a general election; and (11) Is... mailed to ... or otherwise distributed to an audience that includes members of the electorate for such public office.” 19. The political mail pieces attached hereto and sent by CCC, NFC, CFV, and CCRW each constitute an electioneering communication. 20. Under Colo. Const. Art. XXVIII § 6(1), C.R.S. § 1-45-108 and Rule 11 of the Rules Conceming Campaign and Political Finance, 8 C.C.R. 1505-6, CCC, NFC, CFV, and CCRW were each required to file electioneering communication reports regarding the political mail pieces they sent. 21. CCC, NFC, CFV, and CCRW have not filed any reports of electioneering ‘communications in relation to the political mail pieces they sent during the 2014 Election Cycle. This failure to file is ongoing. 22. Failure to file electioncering communication reports are subject to fines and sanctions under C.R.S. § 1-45-111.5 and Colo. Const. Art. XXVIII § 10.IL PRAYER FOR RELIEF WHEREFORE, Plaintiffs/Complainants request that the Court enter judgment in favor of Plaintiff3/Complainants and against Defendant/Respondent and enter an ORDER: ‘A. Finding the Defendants/Respondents violated state campaign finance laws; B. Imposing fines or sanctions as directed under state law; and C. Awarding or ordering such other further relief as this Court deems appropriate. an Respectfully submitted this 4th day of December, 2015. ‘The Law Office of Alexander Hornaday, LLC 1624 Market Street, Ste 202 Denver, CO 80202 Phone: 303.625.4088 Email: homadav@hornadayiaw.com Kelly Breuer, Reg. # 28558 Breuer Law LLC 1468 Pearl St. Denver, CO 80210 Phone: 720.635.4319 Email: kelis:@breuerlawilc.com Attorneys for Plaintiffs/ComplainantsEI TE OF SE} ICE Thereby certify that on thisth day of December, 2014, I duly filed the above Complaint via U.S.P.S. Mail, addressed to: Christian Coalition of Colorado Attn: Chuck Gosnell, Registered Agent P.O. Box 8317 Denver, CO 80201 ‘The National Family C 8116 Arlington Blvd, Suite 142 Falls Church, VA 22042 The National Family Coalition Attn: The Corporation Trust Company Corporation Trust Center 1209 Orange St Wilmington, DE 19801 Colorado for Family Values Attn: Luther Benson, Registered Agent P.O. Box 911 Colorado Springs, CO 80901 Colorado Citizens for Right to Work 3700 Quebec St., Unit 100-338 Denver, CO 80207 Colorado Citizens for Right to Work Attn: Corporation Service Company, Registered Agent 1560 Broadway, Suite 2090 Denver, CO 80202