Election Offense Statute (was Re: Ad campaign)

["Joe Pezzillo" <jpezzillo@xxxxxxxxx>]

According to a very nice reply someone sent to the op-ed piece in the 
Colorado Daily (excerpted below), anyone can file an election 
complaint, it doesn't require a lawyer even. Seems to me that this 
could be a useful statute to publicize to concerned voters. Of course, 
given the state of affairs here, we've got a "Quis custodiet ipsos 
custodes?" double bind, but perhaps for building a paper trail of 
official complaints.

Joe

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Look in Colorado Revised Statutes, and you’ll find a section entitled 
“Election Offenses.”  There’s a provision that authorizes any person to 
file an affidavit of election offense with the District Attorney.  Yes, 
any person.  You don’t have to be an attorney to do this—I’m not a 
lawyer, but ventured anyway with reasonable results. 

Moreover, the statute says that you have the option of sending this to 
the Colorado Attorney General.  I’ve cut and pasted it below:

Colorado Statutes : TITLE 1 ELECTIONS : GENERAL, PRIMARY, AND 
CONGRESSIONAL VACANCY ELECTIONS : ARTICLE 13 ELECTION OFFENSES

    1-13-101. District attorney or attorney general to prosecute.

   (1) Any person may file an affidavit with the district attorney 
stating the name of any person who has violated any of the provisions 
of this code and stating the facts which constitute the alleged 
offense. Upon the filing of such affidavit, the district attorney shall 
forthwith investigate, and, if reasonable grounds appear therefor, he 
shall prosecute the violator.

   (2) The attorney general shall have equal power with district 
attorneys to file and prosecute informations or complaints against any 
persons for violating any of the provisions of this code.

History

    Source: L. 80: Entire article R&RE, p. 428, § 1, effective January 
1, 1981.

 Here’s the link to the state web page where you can access the 
Colorado Revised Statutes.  http://www.colorado.gov/government.htm