BEFORE THE OFFICE OF ADMINISTRATIVE COURTS STATE OF COLORADO Case No. OS 2014-____ Plaintiffs/Complainants: _ LANG SIAS and MARIO NICOLAIS _ ve Defendant/Respondent: COLORADO CAMPAIGN FOR LIFE 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. __ Plaintiff‘Complainant Mario Nicolais (“Nicolais") resides at 151 S. Carr St, Lakewood, CO 80226, 3. Defendant/Respondent Colorado Campaign for Life (“CCL”) is a Colorado non-profit corporation with the principal office street address of 1212 30th St. Rd. Greeley, CO 80631 and the principal office mailing address of 2519 11th Ave. Unit A PMB 128, Greeley, CO 80631. I. GENERAL ALLEGATIONS 4, __Plaintift/Complainants aver that they are “eligible electors” as the term is defined under CRS. 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 (“SD22”). 5. During the 2014 Election Cycle, Sias was a Republican candidate for SD19 and Nicolais was a Republican candidate for SD22. 6. Sias’ opponent in the Republican primary election for SD19 was Laura Woods. Nicolais’ ‘opponent in the primary election for SD22 was Tony Sanchez.7. Sias, Nicolais and their opponents were all on the primary election ballot in their respective districts. 8. The primary election for the State of Colorado occurred on June 24, 2014. 9. During mid-June 2014, CCL sent political mail pieces to eligible Republican primary voters in SD19 (see Exhibit 1 -SD19 Mailer) and SD22 (see Exhibit 2 - SD22 Mailer). 10. Upon information and belief, CCL sent similar political mail pieces to other eligible Republican primary voters in other contested Republican primary elections in Colorado during the same time period. 11. Upon information and belief, CCL spent more than one thousand dollars on the political mail pieces they sent to Republican primary voters. FIRST CLAIM FOR RELIEF (CCL Failed to Register as either a Political Committee or, alternatively, as an Independent Expenditure Committee) 12, Plaintiffs/Complainants incorporate herein all previous allegations. 13. Colo. Const. Art. XXVIII § 2(12)(a) defines a “political committee” as “any person, other than a natural person, or any group of two or more persons ... that have accepted or made contributions or expenditures in excess of $200 to support or oppose the nomination or election of one or more candidates. 14. The political mail pieces sent by CCL in June 2014 constituted expenditures costing in excess of $200, 15. Under, C.R.S. § 1-45-108(3), a political committee must register with the appropriate officer before accepting or making contributions to pay for expenditures. 16. CCL has not registered as a “political committee” with the Colorado Secretary of State, 17. Alternatively, C.R.S. § 1-45-103(11.5) defines an “independent expenditure committee” as “one or more persons that make an independent expenditure in an aggregate amount in excess of one thousand dollars.” 18. The political mail pieces sent by CCL in June 2014 constituted independent expenditures costing in excess of one thousand dollars. 19. C.RS. § 1-45-1073) requires “Any person ... that makes an independent expenditure in excess of one thousand dollars shall register with the appropriate officer within two business days of the date on which an aggregate amount of donations accepted or expenditures made 2reaches or exceeds one thousand dollars.” 20. — CCL has not registered as an “independent expenditure committee” with the Colorado Secretary of State. 21. Failure to register as either a “political committee” or an “independent expenditure committee” is subject to fines and sanctions under C.RS. § 1-45-111.5 and Colo. Const. Art. XXVIII § 10. SECOND CLAIM FOR RELIEF (CCL Failed to File Regular Contribution and Expenditure Reports) 22. Plaintiffs/Complainants incorporate herein all previous allegations. 23. Under CRS. §§ 1-45-107.5 and 1-45-108, both politi expenditure committees must file regular reports of their contrib Colorado Secretary of State. committees and independent ns and expenditures the 24. CCL has not filed any contribution and expenditure reports with the Colorado Secretary of State, 25. Since, June 2014, CCL has failed to file eight (8) required contribution and expenditure reports (see Exhibit 3— SOS 2014 Election Calendar). 26. Failure to file contribution and expenditure reports is subject to fines and sanctions under CRS. § 1-45-111.5 and Colo. Const. Art. XXVIII § 10. THIRD CLAIM FOR RELIEF (CCL Accepted Contributions in Excess of Contribution Limits to Political Committees) 27. PlaintiffiyComplainants incorporate herein all previous allegations. 28. Under Colo. Const. Art. XXVIII § 3(5), “No political committee shall accept aggregate contributions or pro-rata dues from any person in excess of five hundred dollars per house of representative election cycle.” 29. Upon information and belief, CCL accepted aggregate contributions in excess of five hundred fifty dollars (the adjusted contribution limit for 2014). 30. Contributions in excess of contribution limits are subject to fines and sanctions under CRS. § 1-45-1115 and Colo. Const. Art. XXVIII § 10. FOURTH CLAIM FOR RELIEF (CCL Failed to Comply with Communication Disclaimer Requirements 3For Independent Expenditures) 31. Plaintiffs/Complainants incorporate herein all previous allegations. 32. CRS. § 1-45-107.5(5) requires “any communication that is broadcast, printed, delivered, or otherwise circulated that constitutes an independent expenditure for which the person making the independent expenditure expends in excess of one thousand dollars on the communication shall include in the communication a [disclaimer] statement” that identifies the registered agent of any non-natural person paying for the communication. 33. CCL did not include the name of a registered agent on any of the political mail pieces it sent during the 2014 Election Cycle. 34, Failure to include a proper disclaimer statement is subject to fines and sanctions under Cl § 1-45-11 LS. FIFTH CLAIM FOR RELIEF (CCL Failed to File Notices of Independent Expenditure) 35, Plaintiffs/Complainants incorporate herein all previous allegations. 36. CRS. § 1-45-107.5(6) requires “Any person that expends an aggregate in excess of one thousand dollars on an independent expenditure in any one calendar year shall deliver written notice to the appropriate officer ... Where the independent expenditure is made within thirty days before a primary or general election, the notice required by this subsection (6) shall be delivered within forty-eight hours after the person obligates moneys for the independent expenditure.” 37. CCL has not filed any notices of independent expenditures during the 2014 Election Cycle. 38, Failure to file notices of independent expenditures is subject to fines and sanctions under CRS. § 1-45-1115.Il. PRAYER FO! WHEREFORE, Plaintiffs/Complainants request that the Court enter judgment in favor of Plaintiffs/Complainants and against Defendant/Respondent and enter an ORDER: A. Finding the Defendant/Respondent 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. qth Respectfully submitted this 4h day of December, 2015. AlexandérHomaday, Reg. #40717 ‘The Law Office of Alexander Homaday, LLC 1624 Market Street, Ste 202 Denver, CO 80202 Phone: 303.625.4088 Email: ahornaday@homadaylaw.com Kelly Breuer, Reg. # 28558 Breuer Law LLC 1468 Pearl St. Denver, CO 80210 Phone: 720.635.4319 Email: kelly@breuerlawlle.com Attorneys for Plaintiffs/ComplainantsCERTIFICATE OF SERVICE Thereby certify that on this 8h day of December, 2014, I duly served the above Complaint via USPS mail addressed to: Colorado Campaign for Life Attn: Christy Rodriquez, Registered Agent 1212 30th St. Rd. Greeley, CO 80631 Colorado Campaign for Life Attn: Christy Rodriquez, Registered Agent 2519 11th Ave. Unit A PMB 128 Greeley, CO 80631