Payment of Stipulated Penalty. In determining the appropriate penalty in this matter, the Division is guided by section 1-45-117(4)(a), Section 10(1) of Article XXVIII of the Colorado Constitution, and the Secretary’s rules governing campaign and political finance. The Division is also guided by the interests of the electors and the taxpayers in the Foothills Fire Protection District. The Division is cognizant that any penalty levied on the District will cause even greater harm to the taxpayers in the District, who have already suffered from the District having spent approximately $2,000 on illegal expenditures related to the November 2022 election. The Division is also cognizant that the voters soundly rejected those measures, and the individuals responsible for the violation no longer serve as part of the District’s leadership. Accordingly, the Division has worked to craft a penalty consistent with Colorado law that serves both deterrent and retributive purposes, and is in the best interests of the District’s taxpayers.
Payment of Stipulated Penalty. Within 14 days of Respondent’s receipt of an invoice from the Division, This penalty reflects Rule 23.3.3 of the Secretary’s Rules on Campaign Finance. 8 CCR 1505-6. Specifically, Rules 23.3.3(a) and 23.3.3(b). For failing to register as an issue committee, Rule 23.3.3(a)(1)(C) calls for a fine of at least $300 and at least 10 percent of the total amount of expenditures made when a respondent spends more than $5,000. Here, Respondent made $351,875 in expenditures to Property Tax Relief Now. Accordingly, the fine for failing to register as an issue committee would be $35,487.50. For failing to report contributions and expenditures, Rule 23.3.3(b)(1) calls for a fine of $100 per report plus 5 percent of the activity not reported. For the 2023 election cycle, Respondent was required to file at least 12 reports. Therefore, the applicable fine would be $18,793.75. Taken altogether, the applicable fine would be $54,281.25. However, the Division finds mitigating circumstances here. Respondent fully cooperated with the Division’s investigation, most notably by providing significant documentation to establish the total spending Respondent had made in 2021, 2022, and 2023. Doing so enabled the Division to understand the scope of the violation. Accordingly, the Division finds that a penalty of $17,593.76 is appropriate. This penalty is broken down as follows: Failure to register: $8,796.88 = 2.5% of the total expenditures, and Failure to report: $8,796.88 = 2.5% of the total activity not reported. This penalty is sufficient to further the purposes of Colorado campaign finance law.
Payment of Stipulated Penalty. Within 14 days of the Committee’s receipt of an invoice from the Division, This penalty reflects Rule 23.3.3 of the Secretary’s Rules on Campaign Finance. 8 CCR 1505-6. Specifically, Rule 23.3.3(b)(1) and Rule 23.3.3(d)(2). Because the Committee failed to file complete and accurate reports, Rule
Payment of Stipulated Penalty. Within 14 days of Respondent’s receipt of an invoice from the Division, This penalty reflects Rule 23.3.3 of the Secretary’s Rules on Campaign Finance. 8 CCR 1505-6. Specifically, Rule 23.3.3(d). As to the yard signs, Respondent did not mitigate its violations prior to the election. Therefore, the rule calls for a penalty of 10% of the cost of the yard signs. Here, Respondent spent $325.38 on yard signs without compliant disclaimer statements, which would suggest a penalty of $32.54. As to the website and Meta ads, Respondent mitigated its violations prior to the election – by adding “Paid for by the Candidate Committee Xxxxxxx Xxxxxx For D51 School Board”. Additionally, the newspaper ad contained a disclaimer indicating “Pagado por: Xxxxxxx Xxxxxx” or “Paid by: Xxxxxxx Xxxxxx.” However, these “paid for by” disclaimers were non-compliant. Therefore, the rule calls for a base penalty of 5% of the cost of these communications. Here, Respondent spent $709.45 on the website, Meta ads, and newspaper ad, which would suggest a penalty of $35.47. However, the Division finds mitigating circumstances here related to the website, Meta ads, and newspaper ad. Though non-complaint because the communications failed to include the name of the Registered Agent- in this case the Committee’s registered agent was the candidate, whose name was included in the disclaimer, just not identified as the registered agent. As in prior cases, the Division considers this to be a significant mitigating factor and reduces the fine to 3% of the cost of the website, Meta ads, and newspaper ad to equal $21.28. Additionally, the Committee fully cooperated with the Division’s investigation, most notably by providing significant documentation regarding its overall spending. Not only did this enable the Division to understand the scope of the violation, but it also demonstrates that the Committee lacked any intent to mislead the electorate or election officials. Accordingly, the Division finds that a penalty of $53.82 representing 10% of the cost of the yard signs and 3% of the cost of the website, Meta ads, and newspaper ad – is sufficient to further the purposes of Colorado campaign finance law. If the Committee fails to comply with the terms of the settlement agreement, the Division may pursue other means of collection available at law.
Payment of Stipulated Penalty. Within 14 days of the Committee’s receipt of an invoice from the Division, This penalty reflects Rule 23.3.3 of the Secretary’s Rules on Campaign Finance. 8 CCR 1505-6. Specifically, Rule 23.3.3(a), and (d). Under Rule 23.3.3(a), a committee that spends between $1,001 and $5,000 without registering is subject to a penalty of at least $300. Here, the total penalty satisfies that requirement. And the Division finds mitigating circumstances— namely that the Committee did report the expenditure, demonstrating a lack of intent to mislead the electorate. Accordingly, the Division finds that a penalty of $250 – approximately 83% of the Rule 23.3.3(a) penalty - is appropriate for the failure to register violation. Rule 23.3.3(d) addresses disclaimer violations, and provides for a fine of 10% of the cost of the communication, including cost to distribute, if the violation is not mitigated prior to the election. Here, DougCo Protective spent $1,100, for a fine of $110. Together, this results in a fine of $360. Finally, the Division is not requiring Respondent to register as an Independent Expenditure Committee at this time. The election in question has passed, and registration at this time would not provide any additional information to the electorate beyond what was included in Respondent’s expenditure disclosure. However, should Respondent again qualify as an independent expenditure committee, it will need to register as such. The Division’s assessment, and this Settlement Agreement, applies only to activity that occurred during the 2022 election cycle.
Payment of Stipulated Penalty. A. Failure to terminate an existing candidate committee within ten days of registering a new candidate committee as required under Rule 12.2: Within 14 days of the Committee’s receipt of an invoice from the Division, Respondent shall pay $50 to the Division. Respondent Xxxxxxxx also agrees to take all steps necessary to terminate a candidate committee, either Xxxxxxxx for Colorado or Auon’xxx X. Xxxxxxxx for Denver Kids, as soon as is reasonably practicable. This penalty reflects Rules 23.3.3(f) and 23.3.4(a)(5) of the Secretary’s Rules on Campaign Finance. 8 CCR 1505-6. Because Respondent failed to terminate an existing candidate committee within ten days of registering a new candidate committee, the Division may assess penalties based on the circumstances of the violations and seek specific action from Respondent. The Division notes that Respondents fully cooperated with the Division’s investigation. It does not appear that respondent had any intent to mislead the electorate— as supported by the fact that Respondent Xxxxxxxx is no longer seeking election to either office. Furthermore, Respondents were initially unable to terminate Respondent Committee despite the desire to do so. Respondents had late filing penalties and had requested a waiver by the Division and were awaiting a waiver decision. During this period Respondents met with the Division’s compliance team to inquire about terminating Respondent Committee and was told Respondent Committee could not be terminated in TRACER until determinations were made on the pending waiver requests. Accordingly, the Division finds that a penalty of $50, plus the specific action required above, is appropriate. This agreement is independent of the separate matter concerning Respondent’s late-filing penalties that were separately assessed by the Department. Respondents agree to work with the Division’s compliance team to satisfy any and all Rule 18 late penalty violations. If Respondent fails to comply with the terms of the settlement agreement, the Division may pursue other means of collection available at law.
B. Failure to report the $50 expenditure as required by section 1-45-108(1)(a)(I), C.R.S. During the complaint handling process the Division notified Respondents of the opportunity to cure the violation. Respondents took action by reporting the expenditure in question as required. The Division has determined Respondents cured the violation and substantially complied with their legal obligations. Therefore,...
Payment of Stipulated Penalty. The Committee shall pay a penalty of $642. This penalty reflects Rule 23.3.3(d) of the Secretary’s Rules Concerning Campaign and Political Finance. 8 CCR 1505-6. Under that Rule, the recommended penalty is 5% of the cost of all noncompliant communications that are mitigated prior to the election, and 10% of the cost of all noncompliant communications that are not mitigated prior to the election. 1 The cost for these two mailers is not included in the $52,805 amount in Recital C. As for the $5,681 in communications that were cured, the recommended penalty would be 5%, or $284. However, the Division finds mitigating circumstances. Namely, most of the communications included a disclaimer statement, but only misidentified the name of the Committee (instead naming Xxxxx Xxxxxxxx’x previous candidate committee organized to support his run for Denver Mayor). Accordingly, the Division believes a 3% penalty, or $171 is appropriate. As for the remaining $47,124 in communications that were not cured, a 10% penalty would be $4,7124. However, the Division believes there are significant mitigating circumstances. Most importantly, these communications correctly identified the name of the Committee paying for the communications, but did not accurately identify the Committee’s registered agent. As it has in past cases, the Division considers that worth a significant reduction in the penalty amount. Moreover, the parties recognize and acknowledge legal uncertainty related to the registered agent requirement. To mitigate that uncertainty on both sides, the parties agree that a reduction, but not elimination, of the penalty related to these communications is appropriate. Accordingly, the Division believes a penalty of 1% of the cost of the communications, or $471, is appropriate.
Payment of Stipulated Penalty. Within 14 days of the Nonprofit’s receipt of an invoice from the Division, the Nonprofit shall pay $1,000 to the Division. This penalty reflects Rule 23.3.3 of the Secretary’s Rules on Campaign Finance. 8 CCR 1505-6. • For making prohibited expenditures, Rule 23.3.3(c) calls for a fine of at least $100 and 10% of the prohibited activity. Here, the Administrative Proceedings identify $10,000 in prohibited contributions. This would result in a starting penalty amount recommended by rule of no less than $1,100. The Division finds that this fine amount is sufficient to further the purposes of Colorado campaign finance law. Respondent has been responsive to the complaint, providing numerous detailed responses to the various complaints involving Colorado Springs Forward entities along with related copies of the checks at issue and taking efforts to cure. Although the committees had use of the prohibited contributions for several months, they were returned prior to the primary election. Finally, any concerns raised by the failure of the Nonprofit’s registered agent to respond to the complaint, have been alleviated by the information regarding the unavailability of the Nonprofit’s registered agent. Given Respondent's efforts to cure and responsiveness to the Division, despite the absence of any record testimony under oath demonstrating a lack of intent to mislead and that Respondent's conduct was an intentional attempt to conceal improper conduct, the Division finds that a $1,000 penalty is consistent with rule. Accordingly, the Division finds that a penalty of $1,000 is sufficient to further the purposes of Colorado campaign finance law.
Payment of Stipulated Penalty. Within 14 days of the Committee’s receipt of an invoice from the Division, This penalty reflects Rule 23.3.3 of the Secretary’s Rules on Campaign Finance, 8 CCR 1505-6. Specifically, Rule 23.3.3(c)(1). Rule 23..3.3(c)(1) calls for a fine of $100 and 10% of the prohibited activity. Here, the Committee had two separate violations in exceeding the aggregate contribution limits. First, the Committee accepted $2,400 from Xxxxxxx X. Xxxxxx that exceeded the contribution limits by $1,675. Next, the Committee accepted $900 from Xxxx Xxxxx that exceeded the contribution limits by $175. Thus, the Rule would suggest penalties of $100 per violation plus 10% of the contribution overage. However, the Division finds mitigating circumstances here. The Committee took immediate action in curing the violations by returning the contribution overages to the original contributors and amending their reporting. Additionally, in September 2023 the Committee contacted their software vendor, NPG, requesting a flag be added to their system for managing contributions and expenditures to alert the Committee of the limit when entering contributions. Also, the Committee fully cooperated with the Division’s investigation, most notably by promptly responding to the Divisions contacts and inquires. Accordingly, the Division finds that a fine of $100 for each violation and 5% of the prohibited activity is sufficient to further the purposes of Colorado campaign finance law. That comes out to a total of $292.50. If the Committee fails to comply with the terms of the settlement agreement, the Division may pursue other remedies available at law.
Payment of Stipulated Penalty. Within 14 calendar days of the Respondent’s receipt of an invoice from the Division, Respondent shall pay a stipulated penalty in the amount of $500.00 to the Division. If Respondent fails to comply with this term or any other terms of the Settlement Agreement, the Division shall be entitled to pursue all remedies allowed under state or federal law.
