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COMPLAINT FOR CLERICAL USE ONLY COMPLAINT ID: DATE OF FILING: COLORADO SECRETARY OF STATE 1700 BROADWAY, SUITE

270 DENVER, COLORADO 80290 303-894-2200, OPTION 3 FAX 303-869-4861 PERSON ALLEGING COMPLAINT Name: Corey Donahue Home Phone 720-340-9730 Address: 1536 Macarthur Dr Boulder, CO 80303 E-mail minatour48@hotmail.com City Boulder State CO Zip Code 80303 County Boulder PERSON OR ENTITY AGAINST WHOM ALLEGED COMPLAINT IS BROUGHT Name Mason Tvert, Brian Vicente, Emmett Reistroffer, Campaign to Regulate Marijuana Like Alcohol 2012, Colorado Alliance for Marijuana Reform. Work Phone: (303) 861-0033 Address: Campaign to Regulate Marijuana Like Alcohol P.O. Box 40332 Denver, Colorado 80204 E-mail: info@regulatemarijuana.org City Denver State CO Zip Code 80204 County Denver

STATE LAW VIOLATIONS C.R.S. 1-40-112, Circulators - requirements - training.

(1) No person shall circulate a petition for an initiative or referendum measure unless the person is a resident of the state, a citizen of the United States, and at least eighteen years of age at the time the petition is circulated.

(2) (a) A circulator who is not to be paid for circulating a petition concerning a ballot issue shall display an identification badge that includes the words "VOLUNTEER CIRCULATOR" in boldfaced type that is clearly legible.

(b) A circulator who is to be paid for circulating a petition concerning a ballot issue shall display an identification badge that includes the words "PAID CIRCULATOR" in bold-faced type that is clearly legible and the name and telephone number of the individual employing the circulator. (3) The secretary of state shall develop circulator training programs for paid and volunteer circulators. Such programs shall be conducted in the broadest, most cost-effective manner available to the secretary of state, including but not limited to training sessions for persons associated with the proponents or a petition entity, as defined in section 1-40-135 (1), and by electronic and remote access. The proponents of an initiative petition or the representatives of a petition entity shall inform paid and volunteer circulators of the availability of these training programs as one manner of complying with the requirement set forth in the circulator's affidavit that a circulator read and understand the laws pertaining to petition circulation. (4) It shall be unlawful for any person to pay a circulator more than twenty percent of his or her compensation for circulating petitions on a per signature or petition section basis.

C.R.S 6-1-105(1)(c)(n)(u)(z)(3) (c) Knowingly makes a false representation as to affiliation, connection, or association with or certification by another; (n) Employs "bait and switch" advertising, which is advertising accompanied by an effort to sell goods, services, or property other than those advertised or on terms other than those advertised and which is also accompanied by one or more of the following practices: (u) Fails to disclose material information concerning goods, services, or property which information was known at the time of an advertisement or sale if such failure to disclose such information was intended to induce the consumer to enter into a transaction; (z) Refuses or fails to obtain all governmental licenses or permits required to perform the services or to sell the goods, food, services, or property as agreed to or contracted for with a consumer; (3) The deceptive trade practices listed in this section are in addition to and do not limit the types of unfair trade practices actionable at common law or under other statutes of this state. The Regulate Marijuana Like Alcohol initiative advertizing by the proponents is also contradictory to: BUCKLEY V. AMERICAN CONSTITUTIONAL LAW (97-930) 525 U.S. 182 (1999) 120 F.3d 1092, affirmed. DETAILS OF THE COMPLAINT On Sunday, July 17, 2011, paid petitioner Joshua Briscoe was circulating a petition for Proposed

Initiative #30, at a rally being held at Skyline Park in downtown Denver. Around 3:30 pm Mr. Briscoe informed Corey Donahue he was from Alabama and circulating a petition to legalize marijuana in Colorado. Mr. Briscoe had no badge indicating he was either a paid circulatory or volunteer circulator. Roughly two hours later Mr.

Emmett Reistroffer and Mr. Scott Greene arrived at Skyline Park and began circulating a similar petition. Neither of Mr. Reistoffer, the lead organizer of the

petition drive for Proposed Initiative #30, or Mr. Greene were wearing badges that indicated that they were either paid or volunteer circulators a clear violation C.R.S. 1-40-112(1)(2)(a)(b). On July 19th at the Boulder Main Library, Mr. Donahue arrived at a publically advertized circulator training program. responded to a question During this meeting Mr. Reistroffer by Kathleen Chippi.

(http://blogs.westword.com/latestword/2011/07/corey_donahue_jailed_regulate_mari juana_like_alcohol_act.php) Around the 2:15 mark. The question Ms. Chippit asked regarded the eligibility of people who are not Colorado residence to calculate petitions. Mr. Reistoffer replied that all you had to do is be eligible to vote. This statement is incorrect as per C.R.S. 1-40-112(1) you must be a resident of the state of Colorado. Colorado residency is established when one of the following criteria is met: you have obtained employment in Colorado, you own or operate a business in Colorado, you have resided in Colorado continuously for 90 days. As Mr. Reistoffer does not understand the law as it is laid out in C.R.S. 1-40-112 (1)(3)and is charged with being the lead organizer of the petition drive for Proposed Initiative #30. Mr. Reistoffer has committed a prima facie violation of C.R.S. 1-40-112(1)(3) as he clearly failed in his duty under C.R.S. 1-40-112(3), specifically to, understand the laws pertaining to petition circulation.

The Campaign to Regulate Marijuana Like Alcohol 2012 as part of Colorado Alliance for Marijuana Reform are also in violation C.R.S. 1-40-112(4). Audio can also be found at

(http://blogs.westword.com/latestword/2011/07/corey_donahue_jailed_regulate_mari juana_like_alcohol_act.php) Around the 4:05 mark, Mr. Reistoffer, states that they are paying a company $1 dollar per signature and the company pays around $.75 per signature. This is clearly more than the 20% allowed by law to compensate per signature as laid out in C.R.S. 1-40-112(4) The Campaign to Regulate Marijuana Like Alcohol 2012 as part of Colorado Alliance for Marijuana Reform are also in violation of C.R.S 6-1-105(1)(c)(n)(u)(z)(3) At the first Title Board hearing on June 15, the proponents clarified that their initiatives should not be considered "legalization" and argued successfully to have the word "legalization" removed from their ballot titles. What we are doing is regulating marijuana. There is a significant legal difference. It would be inaccurate to call this legalization." On the Facebook page the proponents stated that they their Act would make the adult use of marijuana legal.

The Regulate Marijuana Like Alcohol Act of 2012 makes the adult use of marijuana legal, establishes a system in which marijuana is regulated and taxed similarly to alcohol, and allows for the cultivation of industrial hemp. Click here to read the full initiative language. Passage of this initiative will be historic, resulting in Colorado becoming the first state in the nation and the first geographic area in the world to make the possession, use, and regulated production and distribution of marijuana legal for adults. (Emphasis added) (http://www.facebook.com/coloradoMJinitiative2012#!/coloradoMJinitiative2012? v=info#info_edit_sections) The other proponent, Mr. Vicente sent out an email announcing to that they are launching a full-scale effort to legalize marijuana in Colorado in 2012.

Massive Campaign Launched to Regulate Marijuana for Adults in Colorado This week, Sensible Colorado, along with a broad and growing coalition of organizations and supporters launched a full-scale effort to legalize marijuana in Colorado in 2012. In a matter of days, signature gatherers will be stationed around the state educating voters and gathering the necessary support to place an initiative on the November 2012 ballot. The initiative will remove penalties for private marijuana possession and limited home growing, and establish a legal and regulated marijuana market for adults 21 and over. To read the initiative and learn more about the effort check out the campaign's BRAND NEW WEBSITE HERE. The campaign went through an exceptionally exhaustive five-plusmonth process to produce the initiative language, which we believe is incredibly strong and presents the best route to ending marijuana prohibition here in Colorado. We coordinated with dozens of organizations, attorneys, activists, patients, marijuana business owners, and other stakeholders, both in Colorado and around the country. We also solicited comments from the public via our organizations' lists of thousands of Colorado reform supporters, magazine ads, and events around the state and incorporated much of this input. Please get in touch today to volunteer or learn more! And don't forget to DONATE to support this historic effort! Sensible Colorado | PO Box 18768 | Denver CO 80218 (emphasis added)
Although the State Title Board and the proponents agreed this is not legalization, the proponents are stating to the people of Colorado that the intent of this proposed amendment is to make the possession, use, and regulated production and distribution of marijuana legal for adults. Making statements to the people of Colorado that are diametrically opposed to the statements the proponents made in front of the Title Board is a C.R.S 6-1-105(1)(c)(n)(u)(z)(3).

.A Similar to Alcohol

The proponents argued successfully on July 6 to have the words "similar to alcohol" removed from the ballot title because it would be misleading to voters and contains an impermissible catch parse. Given this, their continued use of the phrase in their marketing material is disingenuous and violates C.R.S 6-1-105(1)(c)(n)(u)(z)(3). The proponents reaffirmed that the use of the phrase similar to alcohol would be misleading to voters on July 27, 2011 when proponent Tvert said,

As one of the two formal proponents of the initiative, I can speak to all of this... Actually, the phrase "similar to alcohol" was produced and included by the Title Board and very welcomed by the proponents. However, it is a catchphrase that would in all likelihood be shot down by the Colorado Supreme Court if challenged. The campaign did not want to have to go through a likely losing court challenge and get held up, so we simply accepted a complainant's argument that it should be removed. (http://www.reddit.com/r/Denver/comments/izvht/denver_redditors_what_do_you_think_ about_the/)
The proponents website (http://www.regulatemarijuana.org/) also violates C.R.S 6-1-105(1)(c)(n)(u)(z)(3). The banner of the website reads, Campaign to Regulate Marijuana Like Alcohol. Throughout the proponents website there are

frequent references to The Campaign to Regulate Marijuana Like Alcohol.

The Campaign to Regulate Marijuana Like Alcohol is the driving force behind a 2012 statewide ballot initiative to end marijuana prohibition in Colorado. It is a locally based effort being carried out by a broad and growing coalition of activists, organizations, businesses, and professionals throughout the state and across the nation. The Regulate Marijuana Like Alcohol Act of 2012 makes the adult use of marijuana legal, establishes a system in which marijuana is regulated and taxed similarly to alcohol, and allows for the cultivation of industrial hemp. Click here to read the full initiative language. Passage of this initiative will be historic, resulting in Colorado becoming the first state in the nation and the first geographic area in

the world to make the possession, use, and regulated production and distribution of marijuana legal for adults. (http://www.regulatemarijuana.org/about)
Although similar to alcohol is not used by the proponents the use of the phrase like alcohol is deceptive marketing and violates C.R.S 6-1-105(1)(c)(n)(u)(z)(3), as the words similar and like are interchangeable synonyms. The proponents

agreed with the Title Boards decision to remove the words similar to alcohol, yet the proponents continue to market their proposed amendment to the people of Colorado as The Regulate Marijuana Like Alcohol Act of 2012, which clearly violates the meaning, letter and intent of the COLORADO CONSUMER PROTECTION ACT C.R.S. 6-1-101. The fraudulent marketing of this proposed initiative does warrant compelling state interests (administrative efficiency, fraud detection, informing voters) as held in BUCKLEY V. AMERICAN CONSTITUTIONAL LAW (97-930) 525 U.S. 182 (1999) 120 F.3d 1092, affirmed.

I declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct. Executed on August 4, 2011, Denver , CO Signature of Person Filing Complaint Corey Donahue