Seems like we go through this every year, as the Colorado Independent reports:
From the Department of Wait, Seriously, Are They Kidding, johne of Square State notices the House District 49 Republican vacancy committee plans to convene at the Allnutt Funeral Home in Fort Collins to pick a successor for Rep. Kevin Lundberg, who was elevated to the Colorado State Senate last weekend. That’s right, they’ll be naming Lundberg’s replacement at a funeral home…
More importantly, though, Square State points to an unfolding felony on the Web site of one of the announced House District 49 hopefuls. Windsor businessman Ray Walter proudly displays as a background image the Colorado state seal, complete with “the eye of God with rays” and “a bundle of sticks with an ax blade projecting.” The problem? “The Secretary of State alone is authorized to affix the Great Seal of Colorado to any document whatsoever, and then only, in pursuance of law.” It’s not just a formality, either. “Illegal use of the seal is a class 5 felony (CRS 24-80-902),” the secretary of state’s guidelines warn. Probably not the best foot forward for an aspiring lawmaker, Mr. Walter.
Former Secretary of State Mike Coffman clarified the question a couple years ago when a partisan Republican campaign site was caught using the seal improperly. GOP leaders stumbled over themselves trying to adhere to the law, which a Colorado Independent investigation found had been broken again and again by zealous Republican operatives.
A poll follows: why does this keep happening to Republicans?
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The examples in the Colorado Independent article don’t look like “documents” to me. There is nothing wrong with a state seal wall plaque, which is merely a patriotic display and not affixed to anything.
Displaying a “Concealed Carry Permit” badge may be deceptive, but only because it appears to impersonate law enforcement (and doesn’t actually prove someone has a permit), not because it uses the state seal.
The use on a website arguably gives the impression of an existing affiliation with state government, but also isn’t the kind of deception that a felony offense would be construed to apply to — its reference to a “document” clearly implies a use designed to show state authorization.
Comparable federal laws governing the use of the United States flag, commonly known as the flag code, are unconstitutional under the First Amendment as applied to symbolic speech.
http://www.sos.state.co.us/pub…
Prohibitions on unauthorized use in documents is only one of the restrictions.
statutory authority that is the basis for that directive. The felony statute is not equivalent to a mere trademark violation.
As the SOS is an executive branch, and not legisltive branch authority, who is not vested with the power to make the law, the authority of the SOS to expand statutory authority (particularly when First Amendment concerns are involved) is questionable. (Keep in mind that Mike Coffman’s interpretations of other statutes related to his office have not always held up in court either).
Indeed, it isn’t clear that the SOS memo interpretation is even supported by a duly adopted regulation. This is notable because the SOS memo purports to regulate the legislature and any actual regulation could be invalidated by a legislative committee that reviews all new rules in this state.
The felony statute referenced (particularly in the omitted language) is very focused on legal documents purporting to be made in the name of the state. It is not obvious that any seal image other than one of the official 2.5 inch size would violate the felony statute.
To my knowledge there have been no prosecutions were mere use of the seal not in connection with an alleged transaction with the State of Colorado. I assume that this is not for lack of proof, but for the kinds of concerns that I am raising.
So your analogy does not hold, and there are longstanding Federal rules against the use of official seals for campaign purposes.
This is a time honored Republican favorite – I’m surprised it’s not up there.
to be the logical equivalent of the missing “Rogue Staffer” choice.
all under the penumbra of shit rolls downhill
So on the header of his webpage, he’s “the right choice for House District 49”, but in the blurb about the Town Hall meeting, he’s
Since when do state reps refer to themselves as “Congressperson”?
http://www.geocities.com/Baja/…
is building a secret bunker under DIA?
Indeed, it’s HARD to BELIEVE.
But here’s the capper:
Could THAT be why Federico PeГ±a had to withdraw from consideration for the Senate vacancy?
stimulus plan might want to take that into account.
I’m going to do it right under an obvious nuclear target. That would make the most sense to me.
The Allnutt Funeral Home? Are they meeting at the Ihategovernment Casino for their next vacancy?
…they may want to pick out the coffins for their political future.
Heck, might as well climb in and get buried.
and save 10 % on all funeral services.
BTW, which one is the official seal?
… and which one is from codopcampaign.org?
The second logo (red with blue inside) is the state seal. Its the one located at codopcampaign.org.
specify “red,” “blue,” etc., but don’t give Pantone numbers, so the third one is probably OK too. Maybe it’s the “gold-braid encrusted” version?
That after all the Obama cheesy fake-ass seals they’ve come out with, including this disaster…
That you Dems would back off a bit.
BTW, WTF is “The Office of the President Elect” anyway?
Created to ensure a smooth transfer of power after what was witnessed in 2001 with missing keyboard ‘W’s’, rooting food, a total breakdown in a respectable transfer by Clinton staffers, and 9-11.
Link.
I have been seeing the Obama campaign logo everywhere.
So the campaign is using a .gov domain and a whole lot of Federal transition dollars to extend its brand into the fabric of the U.S Government and the minds of the people?
Sounds like some federal campaign violations here … where is Common Cause on this?
require special accounting. Anyway, most of what Obama is using (what he wanted to use anyway) are private donations. Either way, what wouldn’t you consider part of the “transition” (I mean if you were drafting legislation)?
….but the myth of the trashed White House by Clinton Staffers was debunked by GAO report, by none other than that commie pinko bastard Bob Barr…
http://www.gao.gov/new.items/d…
(That would be the direct link to the report on the GAO server, lest you accuse me of quickly writing a 217 page report, distilling it in Adobe Acrobat, and secretly posting it on a secure gov’t website.)
You have heard of this thing called “the Google”, right?
Sorry, it must be one of those urban myths that the mass media bore and re-enforced.
Don’t have time to read the report, but I will refrain from repeating what the mainstream media melded into my head.
perpetuated the lie through talk radio and innuendo until it became common, accepted wisdom. By the time anyone (GAO) actually tried to determine whether it was true or not.
Anyway, who would’ve thought the new Bush administration, which pledged to bring honor back to the White House, would just make shit up to make opponents look bad? Little did we know …
I can’t disagree that that “Obama seal” was certifiably obnoxious, but since (by its obnoxious nature) he wasn’t using the official Great Seal, there’s no comparison to this case.
Lets see:
1)use of a likeness of a presidential seal
2) funding for a transitional office of the president elect
VS
1) The economic meltdown
2) The wars in Iraq and Afghanistan
3) The health care crisis
I agree the country is running quite perfectly right now, so why not indulge ourselves in a little nonsense, eh ?