§ 16-977 — Complaints; investigations; civil action

(Caution: 1998 Prop. 105 applies)

A. Any qualified voter in this state may file a verified complaint with the commission against a person that fails to comply with the requirements of this chapter or rules adopted pursuant to this chapter. The complaint must state the factual basis for believing that there has been a violation of this chapter or rules adopted pursuant to this chapter.

B. If the commission determines that the complaint, if true, states the factual basis for a violation of this chapter or rules adopted pursuant to this chapter, the commission shall investigate the allegations and provide the alleged violator with an opportunity to be heard.

C. If the commission dismisses at any time the complaint or takes no substantive enforcement action within ninety days after receiving the complaint, the complainant may bring a civil action against the commission to compel it to take enforcement action, and the court shall review de novo whether the commission's dismissal or failure to act was reasonable. In any matter in which the civil penalty for the alleged violation could be greater than $50,000, any claim or defense by the commission of prosecutorial discretion is not a basis for dismissing or failing to act on the complaint. A court may award the prevailing party in a civil action under this subsection its reasonable attorneys' fees.