HAVA Complaint Process

Filing a Help America Vote Act (HAVA) Complaint

The Secretary of State investigates and resolves violations of Title III of the Help America Vote Act.  [1]

Any person who believes a violation of Title III of HAVA has occurred, is occurring, or is about to occur, may file a complaint. You must file the complaint no later than one year from the date of either the occurrence of the alleged violation or of the election giving rise to the complaint, whichever is later. You must allege a specific violation, include a reference to the section of HAVA you allege was violated, and the person or entity responsible for the violation.

To initiate the complaint process, you must file a sworn, written, signed and notarized complaint with the Secretary of State. Please fill out the HAVA Complaint Cover Sheet (PDF).

Examples of HAVA violations include:

  • Voter registration applications were improperly processed;
  • A voter was not allowed to vote a provisional ballot or was not able to determine whether a provisional ballot was counted;
  • The county’s voting system does not meet the requisite standards;
  • Required voting information was not publicly posted in a voter service and polling center; and
  • A voter service and polling center was not accessible to individuals with disabilities.

[1] Section 1-1.5-105, C.R.S.