DENVER - The Elections Division of the Colorado Secretary of State office conducted an

Administrative Hearing in the matter of Elections Division of the Secretary of State,

Complainant, v. Donna Okray-Parman, Respondent, at their office in Denver. Hearing Officer

Macon Cowles led the hearing in the traditional trial format in the Secretary of State’s hearing

room on October 2, 2024, at 10 a.m.

To foster transparency and assist voters in assessing the sources of campaign

communications, Colorado law requires most persons making electioneering communications to

report those communications to the Secretary of State and include a “paid for by” disclaimer on

the communication.

According to the complaint, Okray-Parman distributed more than $1,000 worth of

postcards that met the definition of “electioneering communications” under Colorado law, but

none of the postcards identified the person who paid for them, and the Respondent failed to

report these communications to the Secretary of State.

The complaint indicates that Jessica Kays – who also goes by Jessica Kays Lovingier –

was a candidate for Gilpin County Commissioner, District 1, in 2024. She appeared on the June

25, 2024, Republican Primary ballot in Gilpin County.

On June 1, 2024, Donna Okray-Parman mailed 2,700 postcards to persons in Gilpin

County, including eligible voters in the June 25, 2024, Republican primary. The total cost to print

and mail the postcards was $1,581.44. The postcards unambiguously referred to Kays, were

distributed to members of the Republican primary electorate in Gilpin County, and were

distributed within 30 days of the June 25 Republican primary election.

The postcards include electoral advocacy, plainly referencing Kays’s candidacy for

commissioner, and would tend to influence the outcome of the commissioner election. On June

6, 2024, Kays filed a campaign finance complaint with the Division.

The Kays complaint alleged that Okray-Parman had violated Colorado campaign finance

law by failing to register an independent expenditure committee, failing to report an

electioneering communication, and failing to include a “paid for by” disclaimer on the postcards.

The Division reviewed and investigated the Kays Complaint. The Division corresponded

with the Respondent during its investigation. According to the Respondent, the postcards were

“supposed to go to almost all residential addresses in Gilpin County.”

After the investigation, the Division filed Claim One: Failure to Include Compliant

Disclaimer. Donna Okray-Parman distributed over $1,000 worth of postcards Those postcards

unambiguously referred to Jessica Kays, a candidate in the June 25, 2024, Republican Primary

Election, were distributed within 30 days of June 25, 2024, and were distributed to members of

the Republican Primary electorate in Gilpin County. Those postcards did not include a “paid for

by” disclaimer.

Claim Two: Failure to Report Electioneering Communication. Okray-Parman did not

report these electioneering communications to the Secretary of State.

During the hearing, both parties gave an opening statement. Kyle Holter spoke for the

Elections Division. He said mailings were sent to residents of Gilpin County less than 30 days

before an election, and were intended to influence the election.

The mailings are required to have a disclaimer, “paid for by,” and the mailer must give

notice to the Secretary of State. He said he is prepared to present a case. He suggested the

hearing officer fine the Respondent and order the Respondent to notify the Secretary of State’s

office.

Okray-Parman said that, as an individual, she sent a statement to local newspapers, who

wouldn’t print it. Cowles, the hearing officer, said that she spent a great deal of money and did

not notify the Secretary of State. The issue is how much money, and whether or not it had a

disclaimer on it, he said. Okray-Parman asked to give her some grace. The statement contained

no personal comments and was just a link to newspapers.

She complained that she “couldn’t get the word out” and that “she hadn’t written

anything and didn’t know she had rules to follow.” Okray-Parman added that she has freedom of

speech. “These letters were not being published. I was being censored. I had to get the

information out,” she said.

Holter called his first and only witness, Timothy Gephart, finance manager. He said he

leads a team of analysts with the Election Division.

When they receive a complaint, they conduct an initial review to determine whether a

complaint was filed and is a violation of law. In this case, Jessica Kays filed a complete

complaint on June 6, 2024, Gephart said.

The Elections Division looked at the allegations and the complaint form. They received a

copy of the postcard. After the investigation, they alleged a violation of law. They sent a request

to Okray-Parman to see if it was a violation of law.

Responding, she said she was responsible for the mailing and paid for it. The

investigation concluded that it was indeed a violation of law. She had spent more than $1,000

and that triggers a reporting duty.

Holter asked if it costs anything to report, and Gephart said, “No.”

Okray-Parman said that she admitted her actions on the phone. She said she didn’t know

she had to seek out laws to send the mailing.

During Closing Statements, Holter said it is not a defense to say you were not aware of

the regulations, which are constitutional. Parman spent over $1,000 and must report it to the

Secretary of State. Holter said they find her liable, and that she should be fined.

Okray-Parman said it should be dismissed. She is not a campaign committee, but she is a

U.S. citizen. How are people to know the facts of the situation? She said she just put codes on the

postcard for what was written in local newspapers and what Kays did when she was County

Clerk.

The Hearing Officer said people want to know where the information comes from, and it

has been voted on twice.

The Administrative Hearing Officer said he will write a decision and send a copy to both

Okray-Parman and Kays.

As of October 4, the decision has not been posted.