Prosecutions of violations.

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(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.

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.


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