§ 1-2-511 — Prosecutions of violations

(1) 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.

(2) Unless a person intentionally takes voluntary action to register to vote
knowing that he or she is not eligible to register, the transfer of the person's
electronic record by a voter registration agency in accordance with section 1-2-213.3 or 1-2-502.5 does not constitute the completion of a voter registration form
by that person. If such a registration is processed by the state, it is presumed to
have been officially authorized by the state and the person is not subject to any
penalty under this code.

Legislative History

Source: L. 94: Entire part added, p. 1767, � 21, effective January 1, 1995. L. 2019: Entire section amended, (SB 19-235), ch. 329, p. 3054, � 5, effective August 2.