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Colorado > Colorado Electoral Code > Qualifications And Registration Of Electors

1-2-511. Prosecutions of Violations

Overview of Statute

Individuals may file a written complaint alleging violations of part 5 with the secretary of state in the initial sixty days following a suspected violation. After an initial hearing to determine the legitimacy of the allegation, the secretary must notify the attorney general of any violations determined to be legitimate. The attorney general may then bring a civil action for relief in the district court, including actions to obtain a permanent or temporary injunction, restraining order, or any other appropriate order. Should the party properly show that an individual has either engaged in, or is about to engage in, a prohibited act or practice, the court should grant a permanent or temporary injunction, restraining order, or other order without bond. If the attorney general fails to bring an action in the one-hundred days after a complaint is filed with the secretary of state, complainants may instead bring a private right of action in district court. This civil action must be brought within one year of the date of the alleged violation.

Statute

Any person who believes a violation of this part 5 has occurred may file a written complaint no later than sixty days after the date of the violation with the secretary of state. If the secretary of state determines, after a hearing, that the violation has occurred, he or she shall so notify the attorney general, who may institute a civil action for relief, including a permanent or temporary injunction, a restraining order, or any other appropriate order, in the district court. Upon a proper showing that such person has engaged or is about to engage in any prohibited acts or practices, a permanent or temporary injunction, restraining order, or other order shall be granted without bond by the court. If, within one hundred twenty days after a complaint is filed with the secretary of state, no civil action for relief is instituted by the attorney general, the complainant shall have a private right of action based on an alleged violation of this part 5 and may institute a civil action in district court for any appropriate remedy. Any such action shall be filed within one year from the date of the alleged violation.

L. 94: Entire part added, p. 1767, § 21, effective January 1, 1995.

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

Definition [Person]

Any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. Section 2(11) of article XXVIII of the state constitution.

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.