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Filing an Election Complaint Alleging Violation of City Campaign Laws
Any candidate or registered elector in the City who has reason to believe a violation of Chapter 7, Article V of the City Code has occurred by any candidate, candidate committee, issue committee, small-scale issue committee or political committee may file a written complaint with the City Clerk. To do so, the complainant must file a notice of election complaint (fillable pdf) with the City Clerk no later than 60 days after the alleged violation has occurred.
What Happens Next?
The City Clerk will forward the complaint to the City Attorney, who will evaluate the complaint for probable cause.
If the City Attorney determines that no probable cause exists, that the complaint fails to allege an enforceable violation, or that the requirements of §7-145 of the City Code were not met by the complainant, the City Attorney will notify the City Clerk, who will, in turn, notify the complainant in writing.
If the City Attorney determines probable cause exists, the City Attorney may notify Fort Collins Police Services, who, in consultation with the City Attorney, may file and serve a summons and complaint to the respondent. The City Attorney retains prosecutorial discretion on whether to ultimately file criminal charges. If the City Attorney determines filing a summons and complaint is inappropriate, he or she will notify the City Clerk, who will, in turn, notify the complainant and respondent in writing.