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DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO 1437 Bannock Street Denver, CO 80202 COLORADO ETHICS WATCH

and COLORADO COMMON CAUSE, Plaintiffs, v. SCOTT GESSLER, in his capacity as Colorado Secretary of State, Defendant. and DAVID PALADINO, MICHAEL CERBO, PRO-CHOICE COLORADO PAC; PPRM BALLOT ISSUE COMMITTEE; and CITIZENS FOR INTEGRITY, INC. Plaintiffs v. SCOTT GESSLER, as Secretary of State for the State of Colorado, Defendant COURT USE ONLY JOHN W. SUTHERS, Attorney General MAURICE G. KNAIZER, Deputy Attorney General* 1525 Sherman Street, 7th Floor Denver, CO 80203 Telephone: (303) 866-5380 FAX: (303) 866-5671 E-Mail: maurie.knaizer@state.co.us Registration Number: 05264 *Counsel of Record Case No. 12CV2133 Div.: 280 and Case No. 2012CV2153 Ctrm.: 2133

SECRETARY'S ANSWER TO FIRST AMENDED COMPLAINT OF COLORADO ETHICS WATCH AND COLORADO COMMON CAUSE Scott Gessler, in his official capacity as Secretary of State for the State of Colorado, hereby submits his Answer to the Complaint of Plaintiffs Colorado Ethics Watch and Colorado Common Cause. 1. The Secretary admits the allegations in paragraphs 1-4 of the Complaint.

2. In response to paragraph 5 of the Complaint, the Secretary admits that Plaintiffs bring this action pursuant to the Colorado Administrative Procedure Act and under Rule 57, but deny that the court may review this action under Rule 57. 3. In response to paragraph 6 of the Complaint, the Secretary admits that Plaintiff Ethics Watch is a person, but is without information sufficient to form a belief as to the remaining averments and denies the same. 4. In response to paragraph 7 of the Complaint, the Secretary admits that Plaintiff Colorado Common Cause is a person, but is without information sufficient to form a belief as to the remaining averments and denies the same. 5. The Secretary admits the allegations in paragraphs 8-9 of the Complaint. 6. In response to the allegations in paragraph 10 of the Complaint, the Secretary admits the Revised Draft included the rules listed in the paragraph, but denies that the descriptions are necessarily accurate. 7. The Secretary admits the allegations in paragraphs 11-14 of the Complaint. 8. In response to paragraph 15 of the Complaint, the Secretary incorporates his responses to paragraphs 1-14 of the Complaint. 9. In response to paragraphs 16-18 of the Complaint, the Secretary denies that the summaries and explanations of the constitutional and statutory provisions are complete and accurate, and denies the same. 10. The Secretary denies the allegations in paragraphs 19-22 of the Complaint. 11. In response to paragraph 23 of the Complaint, the Secretary denies that rule 1.7 must be set aside but otherwise admits the allegations. 12. In response to paragraph 24 of the Complaint, the Secretary incorporates his responses to paragraphs 1-14 of the Complaint. 13. In response to paragraphs 25 and 26, the Secretary denies that the summaries and explanations of the constitutional and statutory provisions are complete and accurate, and denies the same. 14. The Secretary denies the allegations in paragraphs 27-30 of the Complaint. 15. In response to paragraph 31 of the Complaint, the Secretary denies that rules 1.10 and 7.2 must be set aside but otherwise admits the allegations.

16. In response to paragraph 32 of the Complaint, the Secretary incorporates his responses to paragraphs 1-14 of the Complaint. 17. In response to paragraphs 33-35 of the Complaint, the Secretary denies that the summaries and explanations of the constitutional and statutory provisions are complete and accurate and denies the same. 18. The Secretary denies the allegations in paragraphs 36-38 of the Complaint. 19. In response to paragraph 40 of the Complaint, the Secretary denies that rule 1.12 must be set aside but otherwise admits the allegations. 20. In response to paragraph 41 of the Complaint, the Secretary incorporates his responses to paragraphs 1-14 of the Complaint. 21. In response to paragraphs 42-43 of the Complaint, the Secretary denies that the summaries and explanations of the constitutional and statutory provisions are complete and accurate and denies the same. 22. The Secretary denies the allegations in paragraphs 44-46 of the Complaint. 23. In response to paragraph 47 of the Complaint, the Secretary denies that rule 1.18 must be set aside but otherwise admits the allegations. 24. In response to paragraph 48 of the Complaint, the Secretary incorporates his responses to paragraphs 1-14 of the Complaint. 25. The Secretary denies the allegation in paragraph 49 the Complaint. 26. The Secretary admits the allegations in paragraph 50-52 of the Complaint. 27. The Secretary denies the allegations in paragraphs 53-55 of the Complaint. 28. In response to paragraph 56 of the Complaint, the Secretary denies that rules 4.1 and 15.6 must be set aside but otherwise admits the allegations. 29. In response to paragraph 57 of the Complaint, the Secretary incorporates his responses to paragraphs 1-14 of the Complaint. 30. In response to paragraphs 58-59 of the Complaint, the Secretary denies that the summaries and explanations of the statutory and regulatory provisions are complete and accurate and denies the same. 31. The Secretary denies the allegations in paragraphs 60-62 of the Complaint.

32. In response to paragraph 63 of the Complaint, the Secretary denies that Rule 18.1.8 must be set aside but otherwise admits the allegations. 33. In response to paragraph 64 of the Complaint, the Secretary incorporates his responses to paragraphs 1-14 of the Complaint. 34. The Secretary admits the allegations in paragraphs 65-70 of the Complaint. 35. The Secretary denies that summary and explanation in paragraph 71 of the Complaint is complete and accurate and denies the same. 36. The Secretary denies the allegation in paragraph 72 of the Complaint. 37. In response to paragraph 73 of the Complaint, the Secretary denies that Rule 14.4 must be set aside but otherwise admits the allegations. WHEREFORE, the Secretary respectfully requests that the Court enter judgment for the Secretary and against the Plaintiffs and grant any other relief the court deems just and equitable. Respectfully submitted this 4th day of May, 2012.

JOHN W. SUTHERS Attorney General /s/Maurice G. Knaizer MAURICE G. KNAIZER, 05264* Deputy Attorney General Public Officials State Services Section Attorneys for Secretary of State *Counsel of Record

CERTIFICATE OF SERVICE This is to certify that I have duly served the within SECRETARY'S ANSWER TO FIRST AMENDED COMPLAINT OF COLORADO ETHICS WATCH AND COLORADO COMMON CAUSE upon all parties herein by LexisNexis File and Serve at Denver, Colorado, this 4th day of May, 2012 addressed as follows:

Mark G. Grueskin, No. 14621 Heizer Paul Grueskin LLP 2401 15th Street #300 Denver, CO 80202 mgrueskin@hpgfirm.com Attorneys for David Paladino et al Jennifer H. Hunt Hill & Robbins, P.C. 1441 18th Street #100 Denver, CO 80202 jhunt@hillandrobbins.com Attorneys for Colorado Common Cause

Luis Toro Margaret Perl Colorado Ethics Watch 1630 Welton Street #415 Denver, CO 80202 ltoro@coloradoforethics.org pperl@coloradoforethics.org Attorneys for Colorado Ethics Watch

/s/ Debbie Bendell ___________________________