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Colorado Springs – El Paso County Commissioner Douglas Bruce broke the law when he got too close to a polling place during a May 2 election on raising taxes for the Falcon Fire Protection District, the district claims in a complaint filed last week with the Colorado attorney general.

“None of it is true,” said Bruce, author of the Taxpayer’s Bill of Rights. “I distributed fliers by standing at the driveway where the 100-foot signs were posted, but I did not cross the line.”

Voters in Falcon, east of Colorado Springs, solidly defeated measures to increase the mill levy and issue $7.5 million in bonds to build fire stations, a training facility and buy firetrucks.

Dino Ross, a lawyer for the district, asked Attorney General John Suthers in a letter Thursday to prosecute Bruce for alleged violations outlined in an affidavit signed by Alex Donnell, the president of the district, who served as the designated election official for the election.

At one point, the affidavit says, Bruce picked up unused ballots and asked a judge, “How many ballots do you have?” He then said, “It’s OK, I’m a county commissioner.”

Bruce said: “That’s nonsense. I categorically deny that I said I have a right to examine people’s ballots because I’m a county commissioner.”

Donnell said the district has documented Bruce’s behavior.

“We have witnesses,” he said.

The affidavit also claims that Bruce alleged that “the fire district was holding a secret polling place” because it moved one of the polling places from its original location.

The district did move one of the polling places identified in the district’s TABOR notice to a different location. Donnell said he properly notified the El Paso County Elections Department of the new address.

Donnell said he did not know whether the outcome of the election would have been different if not for Bruce.

Jeanne Smith, deputy attorney general, said Suthers’ office would discuss the allegations of criminal misconduct with local prosectors.

Staff writer Erin Emery can be reached at 719-522-1360 or eemery@denverpost.com.

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