CRS §1-13-109 was amended in 2005 to strengthen criminal laws concerning the use of false information in political campaigns; it is now a Class One misdemeanor to recklessly circulate or broadcast false statements about a candidate.

In response to yet another automated robocall paid for by TrailHead attacking Rep. Mike Merrifield, the legislator called the El Paso County District Attorney and asked that charges be filed against TrailHead. As reported in the Rocky Mountain News on January 6, 2006, Republicans formed a 527 or education committee called TrailHead to defeat Democrats in 2006. Founders of the TrailHead Group include GOP Gov. Bill Owens, oilman Bruce Benson, and beer baron Pete Coors.

Such committees are named after the section of the federal tax code regulating them. Any person or group can donate unlimited amounts of money to 527s. However, TrailHead is not registered with the Colorado Secretary of State.

The automated phone call contained blatantly false and slanderous information about Rep. Merrifield, and Democrats have been asking for a criminal investigation into TrailHead.

Pat Waak, Chair of the State Democratic Party, recently sent a letter to Attorney General John Suthers and every District Attorney in the state urging them "to be most vigilant in the prosecution of any person or entity who tries to influence the outcome of an election with false information."

In a letter dated, February 8, 2006, John Suthers said he would respond to any specific allegation of wrongdoing.

"Lies by Republican operatives have continued in many house districts. We continue to ask, 'will they be prosecuted?'" said Waak.