File a Complaint

In order to file a complaint, you must use the Commission's complaint form, (FEC Form 1) which can be downloaded at the bottom of this webpage. Pursuant to Rule 2B-1.0025, Florida Administrative Code, your complaint must meet the following criteria in order to be considered sufficient.

  1. The Commission's complaint form has been used, and all information requested by the form has been provided on the form;
  2. A single respondent has been named in the complaint. A complaint cannot be filed against more than one person;
  3. The complaint has not been submitted anonymously;
  4. All exhibits or attachments referenced in the complaint have been included with the complaint;
  5. The complaint was signed by the complainant under oath in the presence of a notary public or other person authorized by law to administer oaths;
  6. The complaint contains the original signature of the complainant;
  7. The complaint alleges a violation of Chapter 104 or 106, Florida Statutes;
  8. The complaint contains specific facts upon which the complainant bases the allegation of a violation of law;
  9. The complaint alleges a violation that occurred within two years of the date the complaint is filed with the Commission; and
  10. The complaint is based on personal information or information other than hearsay.

When completed, mail the complaint with your original signature to:

  • The Florida Elections Commission
  • 107 West Gaines Street
  • Suite 224, Collins Building
  • Tallahassee, FL 32399-1050

The Commission will not accept faxed or emailed complaints because an original signature is required.

Filing More Than One Complaint
If you file more than one complaint against the same person, the Commission is barred from investigating the second complaint if it is based upon facts or allegations that were raised or could have been raised in the first complaint. See Section 106.25(2), Florida Statutes, and Rule 2B-1.0025(3), Florida Administrative Code.

Confidentiality & Complaints
Every sworn complaint filed with the Commission is exempt from the Public Records Law, unless the person against whom the complaint is filed submits a written waiver of confidentiality to the Commission Clerk. However, confidentiality provisions do not bind the person who filed the complaint or the person against whom the complaint is filed. See Section 106.25(7), Florida Statutes.

Within five working days of receiving the complaint, Commission staff will review the complaint to ensure that it meets all of the requirements of (a)-(f) listed above. If the complaint does not comply with any of those requirements or is otherwise incomplete, Commission staff will return it to the complainant and identify the defect(s), which the complainant may then attempt to cure by resubmitting the complaint. See Rule 2B-1.0025(1), Florida Administrative Code.

If the complaint is not returned to the complainant as indicated above, within five working days of receiving the complaint, the Commission will mail a copy of the complaint to the person against whom the complaint is filed. The respondent shall have 14 days after receipt of the complaint to file an initial response, and a determination of legal sufficiency of the complaint may not be made during that time period. If the complaint is determined to be legally insufficient, the complainant and the respondent will be notified. The complainant will have 14 days to correct the stated ground of insufficiency using FEC Form 2, which can be found on the "Forms" tab of this web site. If the complainant does not respond or does not provide information that corrects the stated ground of insufficiency, the case will be closed. If the complaint is determined to be legally sufficient, the respondent shall be notified of such finding by letter. See Section 106.25(2), Florida Statutes, and Rule 2B-1.0025(2)-(5), Florida Administrative Code.

Once a complaint is determined to be legally sufficient, an investigation of the complaint will be conducted by the Commission staff. For more information on the details of this process, see Section 106.25, Florida Statutes.

Campaigning Based on Party Affiliation in Nonpartisan Elections
Section 106.143(3), Florida Statutes, states, in part, that: “A political advertisement of a candidate running for nonpartisan office may not state the candidate’s political party affiliation….A candidate for nonpartisan office is prohibited from campaigning based on party affiliation.”

However, On July 14, 2021, the U.S. District Court Northern District of Florida issued an Order Granting Preliminary Injunction in Kells Hetherington v. Ginger Bowden Madden, et al. (Case No. 3:21-cv-671-MCR-EMT), which enjoined the Florida Elections Commission from enforcing the provisions of s. 106.143(3), F.S., that prohibit nonpartisan candidates from campaigning based on party affiliation.

On November 8, 2022, the Court entered an Order Granting Permanent Injunction, declaring unconstitutional the portion of s. 106.143(3), F.S., which prohibits campaigning based on party affiliation in nonpartisan elections, both facially and as applied in that case. Therefore, the Commission is permanently enjoined from enforcing that part of the statute, which means that it cannot take disciplinary action in complaints that allege those violations.

Effective August 22, 2017, all complaints must be submitted on FEC Form 1, available below.

Download Complaint form