Denver, Colorado -- Today, Pat Waak, Chair of the Colorado Democratic Party, sent an open letter to Attorney General John Suthers and every District Attorney in the state asking them to vigorously enforce a new law against using false information in a campaign.

Previously, it was against the law to lie knowingly in a campaign, but that was a difficult crime to prove. By changing the standard to prohibit lying "recklessly", it is hoped that people will think twice before using false information to influence a vote.

"We hope that the upcoming election cycle will be a civil discourse on issues and candidates," said Waak. "That is what the people of Colorado want and deserve."

It took a shift in power to get this change into law. Previous efforts by former Sen. Mark Hillman (R-Burlington) and Rep. Alice Madden (D-Boulder) died two years in a row in the House State Affairs Committee, then controlled by Republicans. Rep. Michael Merrifield (D-Manito Springs) was able to get this bill out of the House and all the way to the Governor's desk in the 2005 session.

"With the increased influence of so-called "education committees" in creating campaign ads, prosecution against slanderous campaign materials is more important than ever before," said Majority Leader Alice Madden.

[text of letter below]

February 6, 2006

To: Attorney General Suthers and the District Attorneys of Colorado:

As you are aware, CRS §1-13-109 was amended in 2005 to strengthen criminal laws concerning the use of false information in campaigns. Previously, the law only dealt with those who knowingly employed false statements in campaigns, but it is now a Class One misdemeanor to even recklessly circulate or broadcast false statements designed to affect the vote on an issue or regarding a candidate.

It is our hope that the upcoming election cycle will be a civil discourse on issues and candidates, but we know through experience that is not always the case. Toward that end, we urge you to be most vigilant in the prosecution of any person or entity who tries to influence the outcome of an election with false information.

We fully realize these are difficult cases to prosecute due to their political nature. Every district attorney in this state is either a Democrat or Republican and as such, will be open to criticism when prosecuting the actions of another party. However, the voters of this great state deserve to form their decisions based on fact not fiction.

Thank you for your assistance in this matter, and for ensuring fair elections.

Sincerely,

Pat Waak
Chair, Democratic Party of Colorado

Cc: Bob Martinez, Chair, Republican Party of Colorado