Citizens United, the conservative group behind the new film “Rocky Mountain Heist,” can run ads promoting the movie but still risk answering for it in court, the Colorado Secretary of State’s Office said.
Any person or group could file a complaint alleging the advertisements are election-time attack ads, not a means of reporting news, Deputy Secretary of State Suzanne Staiert told Citizens United in an advisory opinion.
Citizens United announced Sunday it intends to spend $170,000 on TV ads and an additional $40,000 for online promotion between now and Nov. 4 of the documentary about how liberals have gained ground in Colorado.
“We are glad that the Secretary of State’s Office has recognized Citizens United as a media entity and that advertisements for our film ‘Rocky Mountain Heist’ will be exempt from reporting and disclosure requirements just as advertisements made by The Denver Post or any other media entity would be,” the organization’s president, David N. Bossie, said in a statement.
The U.S. 10th Circuit Court of Appeals ruled last week that Citizens United should have the same protections as traditional media, meaning the Virginia-based nonprofit would not have to disclose the donors who paid for the movie.
The court, however, said the secretary of state’s office could determine if ads that specifically name a candidate up for election qualify as electioneering, which would require disclosure.
“Historically, Colorado broadcast facilities and publishers making exempt electioneering communications or expenditures have not disclosed the money raised for or spent on associated advertising because the activity falls within the regular scope and course of business,” Staiert stated in the opinion.
She said she had reviewed the ads and they qualified for the exemption.
The liberal-leaning Colorado Ethics Watch and other critics of Citizens United claimed victory last week when the appeals court said ads that attack candidates could still be deemed an attempt to influence voters immediately before an election.
The first TV ad that could start showing this week is titled “You Don’t Know Hick,” as in Democratic Gov. John Hickenlooper, who is in a tight race against Republican candidate Bob Beauprez. The 30-second spot has 12 seconds focused on Hickenlooper.
“We expect Citizens United will comply with Colorado law, and so no complaint will be necessary,” said Luis Toro, director of Colorado Ethics Watch.
Although the ads don’t specifically cite the upcoming election or urge support for Beauprez, the law states that anyone who spends more than $1,000 on ads and names a candidate during the last 60 days before the election must disclose the source of that money, Toro said.
Joey Bunch: 303-954-1174, jbunch@denverpost.com or twitter.com/joeybunch