On Friday, Colorado Ethics Watch filed a complaint with the Colorado Secretary of State against Citizens United for failure to file an electioneering disclosure report in connection with their television ads mentioning Governor John Hickenlooper, then a candidate for re-election, in the last days before the 2014 general election.
On October 20, 2014, Citizens United purchased $168,651 of advertising time on Comcast to run ads promoting their “documentary film” called “Rocky Mountain Heist.” The ads specifically identified Governor Hickenlooper. Under Colorado law, spending on ads that identify a candidate for office within sixty days of a general election must be disclosed, regardless of whether the ads expressly urge a vote for or against a candidate.
This is not the first time Citizens United has attempted to avoid disclosure of TV ads for a “documentary film” that was little more than a thinly veiled attack ad. In 2010, the United States Supreme Court ruled that Citizens United could be required to disclose spending on TV ads promoting “Hillary: The Movie,” about then-presidential candidate Hillary Clinton.
Last year, Citizens United filed a federal suit against the Colorado Secretary of State seeking to be exempted from Colorado electioneering disclosure requirements. The Tenth Circuit Court of Appeals ruled that while spending on the film itself was not subject to disclosure, electioneering communications laws disclosure laws could be enforced against Citizens United if it failed to disclose spending on TV ads touting the “documentary.”
Under Colorado law, Ethics Watch’s complaint will be referred to an administrative law judge for a hearing. Citizens United faces penalties of $50 per day from the date its disclosure was due, October 27, 2014. Those fines total $8,950 as of the date the complaint was filed.
Click here to read the complaint.
Click here to read the exhibits.