COMPLAINT

COLORADO SECRETARY OF STATE 1700 BROADWAY, SUITE 270 DENVER, COLORADO 80290 303-894-2200, OPTION 3 FAX 303-869-4861

FOR CLERICAL U SE ONLY COMPLAINT ID :

DATE OF FILING:

PERSON ALLEGING COMPLAINT

Name Address City Mason Tvert Home Phone 720-255-4340 E-mail Work Phone 303-861-0033 mason@saferchoice.org County Denver

1441 Humboldt Street #101

Denver

State CO Zip Code 80218

PERSON OR ENTITY AGAINST WHOM ALLEGED COMPLAINT IS BROUGHT

Name Address City Miguel Lopez n/a State CO Zip Code Home Phone 720-338-8766 E-mail n/a Work Phone n/a

mpedrolopez@yahoo.com County Denver

Denver

STATE LAW VIOLATIONS

C.R.S. 1-40-131. Tampering with initiative or referendum petition. Any person who willfully destroys, defaces, mutilates, or suppresses any initiative or referendum petition or who willfully neglects to file or delays the delivery of the initiative or referendum petition or who conceals or removes any initiative or referendum petition from the possession of the person authorized by law to have the custody thereof, or who adds, amends, alters, or in any way changes the information on the petition as provided by the elector, or who aids, counsels, procures, or assists any person in doing any of said acts commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-13-111. The language in this section shall not preclude a circulator from striking a complete line on the petition if the circulator believes the line to be invalid.

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. According to Mr. Briscoe, at approximately 3:30 p.m., Miguel Lopez (phone and e-mail listed on page 1), a wellknown marijuana activist and public opponent of Proposed Initiative #30, physically took Mr. Briscoes petition from an individual who was in the process of signing it. The petition section, numbered 00094, contained approximately 12-15 signatures. Mr. Lopez then deposited the petition in a nearby trash receptacle and stood in front of it in order to prevent Mr. Briscoe from retrieving the petition. Mr. Briscoe immediately reported the incident to his supervisor, Emmett Reistroffer, who is the lead organizer of the petition drive for Proposed Initiative #30, as appointed by initiativeproponents Mason Tvert and Brian Vicente. A signed affidavit from Mr. Reistroffer is attached to this complaint, which details the incident as it was reported to him by Mr. Briscoe. William Chengelis aka Wayward Bill (1955 Arapahoe Street #600, Denver, CO 80202, 720-628-2639, waywardbill@usmarijuanaparty.org), a widely known and recognized marijuana activist, was present at the time of the incident and independently corroborated Mr. Briscoes account of it. According to Mr. Chengelis, the petition was later removed from the trash receptacle by marijuana activist Corey Donahue (1536 MacArthur Drive, Boulder, CO 80303, 720-340-9730, minatour48@hotmail.com), who transferred it to an individual named Robert Lopez, who removed it from the scene of the incident. The current whereabouts of the petition are unknown to Mr. Briscoe, Mr. Reistroffer, and the proponents of Proposed Initiative #30. Miguel Lopez and Corey Donahue have been vocal public opponents of Proposed Initiative #30, both speaking publicly and distributing literature in opposition to the measure. Mr. Donahue has also filed challenges to the ballot title of Proposed Initiative #30 with the Title 2

Board and subsequently the Colorado Supreme Court. Mr. Donahue also attended volunteer petitioner training events held by the proponents of Proposed Initiative #30 on July 18th and July 19th, at which time he confronted and verbally harassed volunteer petitioners. At the event on July 19th at the Boulder Main Library, the Boulder Police Department arrested Mr. Donahue for trespassing after he disrupted the meeting and refused to leave the library upon being asked by library security. Mr. Donahue posted the following comment on a June 23rd Westword blog entry (http://blogs.westword.com/latestword/2011/06/medical_marijuana_great_legalization_debate_pot. php): I want to make sure everyone knows this, I am actually going to kill the Law Enforcement initiative in front of the State Title Board, your all welcome to come and watch. So all you bickering and hatred is just fulling my enjoyment of getting rid of bad constitutional language. You can complain all you want and call me Crazy...Crazy for Justice, or insane or a monster but at the end of the day you anonymous people on the internet, Scott Green, Mason, James Macvaney etc. sit there and complain all you want but you can do nothing to stop this, your language in the initiative is bad and it will not be voted on by the people of Colorado it is not legalization it is recriminalization and that just won't fly in Colorado. I declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct. Executed on July 22, 2011 (Date) , at Denver (City) , CO (State)

Signature of Person Filing Complaint

Mason Tvert Proponent, Proposed Initiative #30 3