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October 24, 2018

Sent Via Electronic Mail

Joan Barrett
KDVR
100 East Speer Blvd.
Denver, CO 80203

Re: False Advertisement Violating C.R.S. § 1-13-109

Ms. Barrett:

A political advertisement that is currently being broadcast on your station contains false
electoral statements and the ongoing broadcast of this advertisement would create a violation of
Colorado Revised Statute § 1-13-109. This letter demands your station immediately suspend this
advertisement until the false electoral statement is corrected or removed.

The advertisement at issue is paid for by Save our Neighborhoods, a Colorado Issue
Committee. The advertisement is based on a statement that Colorado’s Amendment 74 is the
same ballot measure as Oregon Measure 37, which passed in Oregon in 2004:

“How much would 74 cost Colorado taxpayers? It passed in Oregon and special interest
demanded 19.8 billion dollars.”

This advertisement is based on the statement that Colorado Amendment 74 and Oregon Measure
37 are the same measure. The truth is that Colorado Amendment 74 and Oregon Measure 37 are
completely separate ballot measures with different legal provisions and procedures. To state that
the two ballot measures are one in the same is objectively false. To evidence one basis that
shows the advertisement is false, Colorado Amendment 74 would maintain existing legal
standards and procedures for establishing a takings claim- the takings must still be proven in
court by the claimant. In sharp contrast, Oregon Measure 37 applied a completely different legal
standard in which a takings claims could be filed directly with the government and the claimant
did not carry the burden of proof burden of proof to evidence the taking. These are two separate
and objectively distinguishable ballot measures and it is patently false to state that Amendment
74 is the same measure that was passed in Oregon.

The advertisement your station is currently running is in violation of Colorado law


because it contains a knowingly false statement designed to affect the vote on a Colorado ballot
issue. Colorado Revised Statute § 1-13-109 provides that broadcasting a knowingly or recklessly
false statement on a television advertisement is illegal:
October 24, 2018
False Advertisement

No person shall knowingly make, publish, broadcast, or circulate or cause to be


made, published, broadcasted, or circulated in any letter, circular, advertisement,
or poster or in any other communication any false statement designed to affect
the vote on any issue submitted to the electors at any election or relating to any
candidate for election to public office. (C.R.S. § 1-13-109(1)(a) emphasis added).

No person shall recklessly make, publish, broadcast, or circulate or cause to be


made, published, broadcasted, or circulated in any letter, circular, advertisement,
or poster or in any other communication any false statement designed to affect
the vote on any issue submitted to the electors at any election or relating to any
candidate for election to public office.. a person acts "recklessly" when he or she
acts in conscious disregard of the truth or falsity of the statement made, published,
broadcasted, or circulated. (C.R.S. § 1-13-109(1)(a)).

The information contained in this letter demonstrates that: Colorado Amendment 74 and Oregon
Ballot Measure 37 are separate and legally distinguishable ballot measures; the advertisement
your station is currently running includes a false statement that these two ballot initiatives are the
same measure; and to remain compliant with Colorado Revised Statute § 1-13-109 your station
must suspend the advertisement until the false statement in the advertisement is corrected or
removed.

Based on the fact that your station is currently running this false advertisement, we
request your immediate attention to this legal matter. Please contact me if you wish to discuss
this matter directly.

Sincerely,

Jonathan Anderson