Pursuant to A.R.S. § 16-938, when a campaign finance complaint is received from a third party, the City Clerk is authorized to initiate an investigation into alleged violations of campaign finance laws, including the alleged failure to register as a committee. The City Clerk cannot initiate a complaint. The complaint must be made in writing, signed by a human being and submitted to the applicable filing officer for campaign finance reports. Electronic submissions are acceptable.
Since September 2025, A.R.S. § 16-938(A) specifically prohibits a filing officer from accepting a campaign finance complaint from a third party unless it is filed with evidence that the complainant is an identifiable human being. Per the 2025 Secretary of State’s Elections Procedure Manual, this requirement means the complaint must contain the full name, email address, mailing address, physical address, and phone number of the complainant as proof that the complainant is an identifiable human being.
Overview of the Campaign Finance Complaint Process
- Filing a Campaign Finance Complaint
- Requirements to Submit a Campaign Finance Complaint
- Submitting a Sufficient Campaign Finance Complaint
- City Clerk Review of a Submitted Campaign Finance Complaint
- Next Steps and Notification of a Decision
| Timeline | Action |
|---|---|
| - | Complaint Received |
| Within 30 calendar days | City Clerk sends respondent a copy of the complaint and letter describing processing procedures and provides respondent with an opportunity to respond. Upon request, an extension may be granted. |
| Within 14 calendar days | City Clerk may set a response deadline not to exceed 14 calendar days in the notice to the respondent. Upon request by the respondent and for good cause shown, the City Clerk may grant a reasonable extension of the response deadline. |
| Within 10 business days | City Clerk sends the complainant a copy of the response and a letter explaining the opportunity for the complainant to submit a reply. |
| Within 14 calendar days | The complainant has the opportunity to submit a reply. Upon request by the complainant and for good cause shown, the City Clerk may grant a reasonable extension of the reply deadline. |
Within 90 calendar days* *After the deadline for submitting a reply if a response was submitted, or within ninety (90) calendar days after the deadline for a response if no response was submitted. | City Clerk evaluates the complaint, response, reply (if any), reports filed, and/or public record information and determines if there is a reasonable cause to believe a violation occurred. The City Clerk may a) find reasonable cause; b) dismiss the matter; c) find no reasonable cause. City Clerk will issue a Notification of Decision. If the City Clerk finds reasonable cause, the City Attorney (enforcement officer) will be notified and provided with all relevant documentation from the complaint. |
| If the City Clerk’s deadline to issue a decision falls within thirty (30) calendar days before an election in the City Clerk’s jurisdiction, the decision shall be issued within sixty (60) calendar days after the election. | |
Any person may file a complaint with the City Clerk (filing officer) if they believe a violation of Arizona campaign finance laws has occurred according to A.R.S. § 16-938 including but not limited to:
- Failure to register as a political committee when required;
- Unlawful commingling of money;
- Violation of campaign contribution limits;
- Making or accepting unlawful contributions;
- Failure to include proper advertising disclaimers;
- Failure to file campaign finance reports (if the filing officer has not already initiated an enforcement action);
- Improper or unreported expenditures; or
- Filing incomplete or inaccurate campaign finance reports.
A complaint must be made in writing and submitted to the City Clerk; electronic submissions are acceptable. Regardless of whether a complainant is represented by counsel, a complaint must contain the full name, email address, mailing address, physical address, and phone number of the complainant. A complaint should also:
- Clearly recite the facts that describe the violation of Arizona campaign finance law under the filing officer's jurisdiction as specific as possible (citations to the law(s) are highly encouraged);
- Clearly identify each person, committee, organization, or group that is alleged to have committed a violation;
- Include any supporting documentation (such as sworn affidavits from persons with firsthand knowledge, media reports, advertisements, website links, etc.) supporting the alleged violation, if available; and
- Differentiate between statements based on a complainant's personal knowledge and those based on information and belief. Statements not based on personal knowledge should identify the source of the information.
A complaint must meet the following criteria to be considered sufficient. If the submitted complaint does not meet the required criteria, no action will be taken.
- Complaint is in writing
- Full name of complainant
- Email address of complainant
- Full mailing address of complainant
- Physical address of complainant
- Phone number of complainant
- Applicable laws cited
- The complaint is filed within the four-year retention period.
The City Clerk will review the complaint for compliance with the required criteria including confirmation that the complaint falls within the jurisdiction. If the complaint does not meet the criteria, the City Clerk will notify the complainant of the deficiencies and that no action will be taken on the complaint until the required information is provided.
If the complaint meets the required criteria, the City Clerk will begin the following process:
- Analyze any conflicts of interest and refer complaint to another filing officer if appropriate.
- Assign a complaint number.
- Acknowledge receipt in writing to the complainant.
- Within 30 calendar days, the City Clerk will provide the complaint to the respondent and request a response.
The filing officer and enforcement officer should avoid actual or perceived conflicts of interest when adjudicating campaign finance complaints. Complaints should be analyzed for any possible conflicts of interest pursuant to A.R.S. § 38-503 or any personal ties to the involved parties that could compromise the officer from carrying out their public duties. If an actual or perceived conflict exists, the complaint will be referred to another filing officer in the state who accepts the referral. A.R.S. § 16-938(A).
Once the City Clerk has provided the complaint and a letter requesting a response, the respondent will have an opportunity to reply to the campaign finance complaint.
- After receipt of the response, the City Clerk has 10 business days to send the response and request a reply from the complainant.
- The complainant has 14 calendar days to reply.
- After receipt of the reply (if any), the City Clerk has 90* calendar days to make a determination and issue a notification of decision to all parties explaining the basis for the determination.
- If the City Clerk dismisses the complaint or finds no reasonable cause, the matter is closed, and no notification is given to the enforcement officer. A dismissal or finding of no reasonable cause are not considered appealable actions.
- If the City Clerk finds reasonable cause, as the filing officer, the City Clerk must notify the City Attorney (enforcement officer) and provide all relevant documentation from the case.
*If the City Clerk’s deadline to issue a decision falls within thirty (30) calendar days before an election in the City Clerk’s jurisdiction, the decision shall be issued within sixty (60) calendar days after the election.