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.
