Simone Lawson
If you wish to file a complaint about a local political campaign, you can do so through various organizations, depending on the nature of your complaint. For example, the Federal Election Commission (FEC) handles complaints regarding violations of federal election campaign laws or FEC regulations. Similarly, the New York State Board of Elections Division of Election Law Enforcement (DELE) deals with complaints related to potential violations of the NYS Election Law. The FEC and DELE both require written complaints with specific information, such as the full name and address of the complainant, the facts of the violation, and the person(s) or entity alleged to have committed it. In some cases, you may choose to remain anonymous when filing a complaint, but this may limit your access to information about the investigation and its outcome. Other organizations that handle political campaign complaints include the FPPC and the FCC, which address violations of the Political Reform Act and rules regarding political campaign calls and texts, respectively.
| Characteristics | Values |
|---|---|
| Who can file a complaint? | Any person who suspects a violation of the law or regulations |
| Where to file a complaint? | Federal Election Commission (FEC), Federal Communications Commission (FCC), local District Attorney, state attorney general, or other enforcement agencies |
| How to file a complaint? | In writing, by mail, electronically, or by phone |
| What to include in the complaint? | Name, address, contact information, specific provisions violated, dates of violation, facts constituting the violation, evidence, names and addresses of witnesses, and how the complainant has personal knowledge of the violation |
| Can the complaint be filed anonymously? | Yes, but the complainant may not receive notification of the investigation or resolution, and their identity may be disclosed if confidentiality is challenged |
| What happens after a complaint is filed? | The complaint is reviewed to determine if a violation occurred, and if so, possible outcomes include a letter, a conciliation agreement, or a civil penalty |
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What You'll Learn
Filing a complaint with the FEC
The first step is to determine if your complaint falls within the FEC's jurisdiction. The FEC only handles matters related to the financing of elections for federal office. If your complaint is related to a local or state election, it may not be within the FEC's jurisdiction. In that case, you may need to file your complaint with a local or state agency.
Once you have confirmed that your complaint is within the FEC's jurisdiction, you can begin the process of filing. All complaints must be made in writing and must include the full name and address of the person filing the complaint (the "complainant"). The complaint should clearly state the facts that show specific violations and identify each person, committee, group, or entity that is alleged to have committed the violation (the "respondent"). It should also include any records or evidence supporting the allegations.
There are several methods to file a complaint with the FEC:
- File a complaint through the FEC OIG Hotline Portal.
- Complete the Hotline Complaint Form and mail it to the Federal Election Commission Office of Inspector General at the provided address.
- File a complaint by telephone by calling the OIG Hotline at the provided number during business hours.
- Send an email to the provided email address with a detailed description of your complaint and your contact information.
It is important to note that the FEC keeps all enforcement matters confidential until they are resolved. The public has the right to know the outcome of any enforcement proceeding, and a redacted case file will be made available on the Commission's website after the investigation is closed.
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Sworn complaints and anonymity
Sworn complaints are required to comply with certain requirements and must include all pertinent information. This includes submitting the complaint in writing and identifying the person(s) who allegedly violated the Act, including the specific provisions and dates on which the violation occurred. The facts constituting the alleged violation should be described in detail, and any supporting evidence should be provided. The complainant should also state how they have personal knowledge of the violation and include the names and addresses of any witnesses.
In the case of the FEC, complaints must be signed, sworn to, and notarized, with the notary's certificate indicating that the complaint was "signed and sworn to before me" or that the complainant affirmed the complaint "under penalty of perjury."
For the FPPC, a sworn complaint entitles the complainant to certain rights and processes, including notification of whether the matter will be investigated and the ultimate resolution. The FPPC enforces violations of the Political Reform Act and Government Code section 1090.
If a complainant wishes to keep their identity confidential, they can file an anonymous complaint. However, it is important to note that an anonymous complainant will not be notified of whether the matter will be investigated or the outcome of the complaint. If there are legitimate reasons for keeping the identity confidential, an electronic request can be submitted to discuss the matter with an attorney in the Enforcement Division. The attorney will assess the possibility of withholding disclosure of the identity, but if challenged, a court could ultimately determine that the complaint must be made public.
Within 14 days of receiving a sworn complaint, the Enforcement Division will inform the complainant of how it intends to proceed. If the complaint is found to have merit, it will be assigned to staff in the Enforcement Division for a full investigation, which may include obtaining additional documents, issuing subpoenas, and interviewing witnesses.
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Complaints about robocalls and texts
Political campaign-related autodialed or prerecorded voice calls, including autodialed live calls, autodialed texts, and prerecorded voice messages, are prohibited to cell phones, pagers, or other mobile devices without the called party's prior express consent. The same restrictions apply to protected phone lines such as emergency or toll-free lines, or lines serving hospitals or similar facilities. Political campaign-related autodialed or prerecorded voice calls are permitted when made to landline telephones, even without prior express consent.
If you think you've received a political robocall or text that does not comply with the FCC's rules, you can file an informal complaint with the FCC at fcc.gov/complaints. You can also file a complaint by mail. Please include your name, address, contact information, and as much detail about your complaint as possible:
Federal Communications Commission
Consumer and Governmental Affairs Bureau
45 L Street NE
Washington, DC 20554
For more information about robocalls and texts, visit fcc.gov/robocalls. You can also report the sender by forwarding the text to 7726 or SPAM.
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Local election law enforcement
The Federal Election Commission (FEC) is a federal agency that administers and enforces laws governing the financing of elections for federal office, including the U.S. House, Senate, and Presidential elections. Any person may file a complaint with the FEC if they believe a violation of federal election campaign laws or FEC regulations has occurred or is about to occur. The complaint process involves submitting a written complaint that provides the full name and address of the complainant and clearly outlines the specific violations and the entities involved. The FEC's Office of General Counsel (OGC) reviews each complaint to determine if it falls within the Commission's jurisdiction.
At the state level, agencies such as the New York State Board of Elections Division of Election Law Enforcement (DELE) handle complaints related to local political campaigns within their respective states. The DELE investigates potential violations of the NYS Election Law and has a similar complaint process to the FEC, requiring complainants to provide their contact information and clearly outline the nature of the alleged violation. Complainants can choose to remain anonymous, but they may not receive updates on the investigation or the final determination.
In California, the Fair Political Practices Commission (FPPC) enforces violations of the Political Reform Act and specific sections of the Government Code. Individuals can file sworn complaints with the FPPC's Enforcement Division, either electronically or anonymously, if they suspect violations of the Act. The FPPC also provides guidance and assistance to those filing complaints to ensure they comply with the necessary requirements.
It is important to note that the specific procedures and requirements for filing local political campaign complaints may vary depending on the jurisdiction and the agency involved. Therefore, individuals should refer to the relevant agency's guidelines and seek legal advice if needed. Additionally, other agencies, such as the local district attorney or state attorney general, may handle complaints that fall outside the jurisdiction of election-specific enforcement agencies.
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Complaint requirements
If you suspect a violation of the Political Reform Act, you can file a complaint with the Enforcement Division of the FPPC. The FPPC enforces violations of the Act and Government Code section 1090. The Political Reform Act requires candidates and committees to file campaign statements by specified deadlines, disclosing contributions received and expenditures made. These documents are public and may be audited by the FPPC and FTB to ensure compliance with the rules.
To file a complaint with the FPPC, you can use their Electronic Complaint System. A sworn complaint must comply with certain requirements and include all pertinent information. This includes submitting the complaint in writing and identifying the person(s) or entity who allegedly violated the Act, including any committees or groups. You must list the specific provisions or rules you believe were violated and the dates on which the violation occurred.
Describe the facts constituting the alleged violation and provide any supporting evidence or records. State how you have personal knowledge of the violation and differentiate between statements based on personal knowledge and those based on information and belief. If the information is not based on personal knowledge, identify the source. Include names and addresses of any witnesses, if known.
If you wish to remain anonymous, you can check the "Anonymous Complaint" box. However, note that an anonymous complainant will not be notified of whether the matter will be investigated or the outcome. If you have legitimate reasons for wanting to keep your identity confidential, you can submit an electronic request to discuss the matter with an attorney in the Enforcement Division.
In certain circumstances, committees or individuals can voluntarily report their own violations and conduct an internal investigation before the Commission determines whether there is reason to believe a violation occurred.
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Frequently asked questions
You can file a complaint with the Federal Election Commission (FEC) if you believe a violation of federal election campaign laws has occurred or is about to occur. You can also file a complaint with the FEC Office of Inspector General (FEC OIG) by completing the Hotline Complaint Form and mailing it to their office in Washington, DC, or by calling the OIG Hotline.
Your complaint should include your full name and address, as well as the names and addresses of any witnesses, if known. You should also include any records or evidence supporting your allegations and clearly identify each person, committee, group, or entity that is alleged to have committed a violation.
Yes, you may file a complaint anonymously. However, please note that if you choose to remain anonymous, you will not receive a copy of the final determination of the complaint before it is posted on the website.
Once a complaint is filed, the Commission or relevant agency will review it to determine if a violation has occurred. If a violation is found, possible outcomes can include a letter reiterating compliance obligations or a conciliation agreement, which may include a monetary civil penalty.
The FEC has jurisdiction over violations of federal election campaign laws for federal office, such as the U.S. House, Senate, and President. On the other hand, the FPPC (or Fair Political Practices Commission) enforces violations of the Political Reform Act and specific sections of the Government Code at the state level.
