BEFORE THE SECRETARY OF STATE

STATE OF COLORADO
CASE NO. OS 2016-_____
IN THE MATTER OF THE COMPLAINT FILED BY CAMPAIGN INTEGRITY WATCHDOG
REGARDING ALLEGED CAMPAIGN AND POLITICAL FINANCE VIOLATIONS BY THE
COLORADO OFFICE OF JUDICIAL PERFORMANCE EVALUATION (COJPE)

Complainant Campaign Integrity Watchdog, pro se, by and pursuant to Colorado Constitution
Article XXVIII Section 9 and C.R.S. 1-45-101. et seq. (Fair Campaign Practices Act, FCPA)
asserts this Complaint against Respondent Colorado Office of Judicial Performance Evaluation
(COJPE) and in support thereof alleges as follows:
PARTIES
1. Campaign Integrity Watchdog (CIW) is a closely-held organization authorized to conduct
business in Colorado.
2. CIW is a person as that term is defined by Colorado Constitution Article XXVIII, 2(11)
and C.R.S. 1-45-103(13) and therefore is authorized to bring a complaint under Colorado
Constitution Article XXVIII, 9(2)(a) and C.R.S. 1-45-111.5(1.5).
3. Pursuant to C.R.S. 13-1-127(2), a closely held entity may be represented before any court of
record or any administrative agency by an officer of such closely held entity if:
a. The amount at issue in the controversy or matter before the court or agency does not
exceed fifteen thousand dollars, exclusive of costs, interest, or statutory penalties, on and
after August 7, 2013; and
b. The officer provides the court or agency, at or prior to the trial or hearing, with evidence
satisfactory to the court or agency of the authority of the officer to appear on behalf of the
closely held entity in all matters within the jurisdictional limits set forth in this section.
4. Statutory penalties are the only amount at issue in this case; therefore the conditions set by
C.R.S. 13-1-127(2)(a) are met.
5. C.R.S. 13-1-127(1)(a) defines a closely held entity as an entity as defined in C.R.S. 790-102(20), with no more than three owners. C.R.S. 7-90-102(20) defines entity as a
domestic entity or a foreign entity.
6. Campaign Integrity Watchdog LLC is a Colorado limited liability company (LLC) with one
initial director and fewer than three owners. It therefore qualifies as a closely-held entity
under C.R.S. 13-1-127(1)(a).
7. A copy of Campaign Integrity Watchdogs Articles of Organization is attached as Exhibit 1,
showing that Matt Arnold is the principal officer, with authority to act on behalf of the entity
in all matters within the jurisdictional limits set forth in C.R.S. 13-1-127(2).
8. The Colorado Office of Judicial Performance Evaluation (COJPE) has been active in the
current election cycle conducting various activities to support and/or oppose the retention of
candidates for judicial office appearing on the November 2016 general election ballot.

GENERAL ALLEGATIONS
9. The Colorado Office of Judicial Performance Evaluation (COJPE) violated C.R.S. 1-45117 by making contributions in campaigns involving the nomination, retention, or election of
any person to any public office by contributing funding for radio advertisements promoting
recommendations expressly advocating a retain or do not retain vote for the judges
appearing on the November 2016 general election ballot.
10. C.R.S. 1-45-117 (State and political subdivisions - limitations on contributions) states in
relevant part:
(1) (a) (I) No agency, department, board, division, bureau, commission, or council of the
state or any political subdivision of the state shall make any contribution in campaigns
involving the nomination, retention, or election of any person to any public office, nor shall
any such entity make any donation to any other person for the purpose of making an
independent expenditure, nor shall any such entity expend any moneys from any source, or
make any contributions, to urge electors to vote in favor of or against any
11. C.R.S. 1-45-117(4) states:
Any violation of this section shall be subject to the provisions of sections 9 (2) and 10 (1) of
article XXVIII of the state constitution or any appropriate order or relief, including an order
directing the person making a contribution or expenditure in violation of this section to
reimburse the fund of the state or political subdivision, as applicable, from which such
moneys were diverted for the amount of the contribution or expenditure, injunctive relief, or
a restraining order to enjoin the continuance of the violation.
12. Specifically, COJPE appropriated and contributed $50,000 in public funds for broadcast
TV/radio advertisements directing listeners to the www.gettoknowyourjudge.com website
(which re-directs to the http://www.coloradojudicialperformance.gov/ website) providing
information (expressly advocating retain or not retain) to support or oppose candidates
on the November 2016 general election ballot seeking retention in (judicial) public office.
13. The radio advertisements, in 3 variants (15 second, 30 second and 60 second lengths) each in
both English and Spanish (6 versions total) expressly advocated listeners to vote for judges
(while directing to universally pro-retain advocacy) and each concluded your vote matters.
14. Additionally, the 30-second version of the English radio/TV ad is embedded as a video clip
on the COJPE website, proper, under the heading Public Education and Outreach.
15. Since the broadcast TV/radio advertisements and website (completing the communication)
unambiguously referred to candidates, specifically referenced voting and the election, were
broadcasted and distributed within sixty days before a general election, and were distributed
to an audience that includes members of the electorate for such public office, they qualify as
electioneering communications as defined per Colo. Const. Art. XXVIII Section 2(7)(a).
16. Consequently, COJPE violated Colorado Constitution Art. XXVIII 2(7)(a)(I) and Colorado
Rules Concerning Campaign and Political Finance (8 CCR 1505-6) Rule 11 et seq by failing
to file reports of electioneering communications.

FIRST CLAIM FOR RELIEF

(Violation of C.R.S. 1-45-117 Prohibition on Use of State Funds to Support or Oppose
Candidates in Campaigns Involving Retention of Any Person to Any Public Office)
17. The Complaint incorporates by reference paragraphs 1 through 16 as if fully set forth herein.
18. C.R.S. 1-45-117 (State and political subdivisions - limitations on contributions) prohibits
the use of state funds to support or oppose candidates in campaigns involving retention of
any person to any public office.
19. During the 2016 election cycle, a political committee (Transparent Courts) was active in
opposing retention of judges appearing on the November 2016 general election ballot, which
was registered on 6 May 2016 and thereafter commenced advocating do not retain votes.
20. Subsequent to the formation, registration, and activity of the Transparent Courts political
committee, COJPE secured funding (on information and belief, in the amount of $50,000) to
counter the activity of the Transparent Courts committee by producing and broadcasting
TV/radio ads to promote the COJPEs retention recommendations to the voting public.
21. Consequently, COJPE appropriated and used state funds to support or oppose candidates
seeking retention in judicial office in the middle of an ongoing campaign involving retention
of declared candidates for any public office in willful violation of law (C.R.S. 1-45-117).
22. C.R.S. 1-45-117 (State and political subdivisions - limitations on contributions) states in
relevant part:
(1) (a) (I) No agency, department, board, division, bureau, commission, or council of the
state or any political subdivision of the state shall make any contribution in campaigns
involving the nomination, retention, or election of any person to any public office, nor shall
any such entity make any donation to any other person for the purpose of making an
independent expenditure, nor shall any such entity expend any moneys from any source, or
make any contributions, to urge electors to vote in favor of or against any
23. C.R.S. 1-45-117(4) states:
Any violation of this section shall be subject to the provisions of sections 9 (2) and 10 (1) of
article XXVIII of the state constitution or any appropriate order or relief, including an order
directing the person making a contribution or expenditure in violation of this section to
reimburse the fund of the state or political subdivision, as applicable, from which such
moneys were diverted for the amount of the contribution or expenditure, injunctive relief, or
a restraining order to enjoin the continuance of the violation.
24. Therefore, Colorado law mandates that COJPE be ordered to reimburse the state general fund
in the amount contributed (on information and belief, $50,000) to fund the TV/radio ads and
website used to support or oppose candidates for retention in judicial office appearing on the
November 2016 general election ballot, and issued an order restraining COJPE from similar
use of state funds in any future election cycle involving retention of candidates in office.

SECOND CLAIM FOR RELIEF

(Failure to File Reports of Electioneering Communications)
25. The Complaint incorporates by reference paragraphs 1 through 24 as if fully set forth herein.
26. On information and belief, COJPE violated Colorado Constitution Art. XXVIII 2(7)(a)(I)
and Rules Concerning Campaign and Political Finance (8 CCR 1505-6) Rule 11 et seq by
failing to file reports of electioneering communications for contributing or disbursing public
funds in the amount of $50,000 to Colorado Broadcasters Association(CBA) to produce and
disseminate (broadcast) TV/radio advertisements supporting or opposing multiple candidates
for retention in (judicial) public office during the November 2016 general election.
27. Specifically, on information and belief, COJPE contributed $50,000 for broadcast TV/radio
advertisements directing listeners to the www.gettoknowyourjudge.com website (which redirects to the http://www.coloradojudicialperformance.gov/ website) for information (nearuniversally pro-retention) on judges appearing on the November 2016 general election ballot.
28. The radio advertisements, in 3 variants (15 second, 30 second and 60 second lengths) each in
both English and Spanish (6 versions total) expressly advocated listeners to vote for judges
(providing near-universal pro-retain information) and each concluded your vote matters.
29. Additionally, the 30-second version of the English radio/TV ad is embedded as a video clip
on the website, proper, under the heading Public Education and Outreach.
30. Since the broadcast TV/radio advertisements and website (completing the communication)
unambiguously referred to candidates, specifically referenced voting and the election, were
broadcasted and distributed within sixty days before a general election, and were distributed
to an audience that includes members of the electorate for such public office, they qualify as
electioneering communications as defined per Colo. Const. Art. XXVIII Section 2(7)(a).
31. Specifically, COJPE failed to file any report of electioneering communications in any of the
reporting periods (including 9/29/2016 10/12/2016; 10/13/2016 10/26/2016; or after)
from the date on which the ads/website were disseminated (on/about 1 October 2016), all of
which was within the electioneering window sixty (60) days prior to the general election
(held 8 November 2016).
32. Colorado law mandates the imposition of a penalty of $50/day for the failure to provide a
statement or other information that is required by law. Colorado Constitution, Art. XXVIII,
Section 10(2)(a). Therefore, COJPE should be assessed a penalty of $50/day for each day
that the organizations disclosure to the Secretary of State was inaccurate and/or untimely.

REQUESTED RELIEF
A. For violating the C.R.S. 1-45-117 prohibition on using state funds or expend moneys from
any source in campaigns involving the retention of any person to any public office
Respondent COJPE should be ordered to reimburse the state general fund in the amount
contributed (on information and belief, $50,000) to fund the TV/radio ads and website used
to support or oppose candidates for retention in judicial office appearing on the November
2016 general election ballot, and issued an order restraining COJPE from similar use of state
funds in any future election cycle involving retention of candidates in office.
B. For failure to timely and accurately file required reports of electioneering communications,
Respondent COJPE should be fined $50/day for each day that the organizations disclosure
was inaccurate.

The administrative law judge should grant such other relief as s/he deems appropriate.
RESPECTFULLY SUBMITTED this 18th day of November, 2016.

________________________________
Campaign Integrity Watchdog LLC
Matthew Arnold, pro se for CIW
P.O. Box 372464, Denver, CO 80237