And he said that the timing of the filing of the complaint had nothing to do with the election Tuesday.
"It was kicked off after the Zogby poll came out and it's just a matter of logistics," he said. "It could have taken a week less or a week more. Whoever is elected, we want this to be on the front of the stove for the next term."
A spokesman for Spitzer's office said the complaint had been received and would be reviewed but refused to comment further.
The group also released what it calls the 9/11 Truth Statement, which it said is "a call for immediate inquiry into evidence that suggests high-level government officials may have deliberately allowed the September 11th attacks to occur."
The people who signed the statement, the group says, include presidential candidate Ralph Nader, Pentagon whistle-blower Daniel Ellsberg, retired CIA analyst Ray McGovern and former U.S. Ambassador and Chief of Mission to Iraq Edward Peck, as well as 49 family members of victims of the attacks.
Besides the poll, dissatisfaction with the 9/11 Independent Commission report spurred the group to release the Truth Statement and to seek a criminal investigation by Spitzer's office, Kubiak said.
The commission failed to answer the vast majority of the 383 questions the 9/11 Families Steering Committee submitted to it, and did not address 70 percent of them, Kubiak said.
The 9/11 Families Steering Committee was not involved in the actions of the 911truth.org, said Kristen Breitweiser, one of the members of the families' group.
"We have absolutely no affiliation with these people," she said.