HOUSE BILL 269

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Zachary J. Cook and Cathrynn N. Brown

 

 

 

 

 

AN ACT

RELATING TO ELECTIONS; REQUIRING THE STATE AUDITOR TO PERFORM FINANCIAL REVIEWS OF THE CAMPAIGN REPORTS OF PUBLICLY FINANCED CANDIDATES; AMENDING AND ENACTING SECTIONS OF THE VOTER ACTION ACT AND THE AUDIT ACT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 1-19A-1 NMSA 1978 (being Laws 2003, Chapter 14, Section 1) is amended to read:

     "1-19A-1. SHORT TITLE.--[Sections 1 through 17 of this act] Chapter 1, Article 19A NMSA 1978 may be cited as the "Voter Action Act"."

     SECTION 2. A new section of the Voter Action Act is enacted to read:

     "[NEW MATERIAL] STATE AUDITOR--FINANCIAL REVIEW.--

          A. Following the certification of a primary or general election, the secretary shall provide the campaign reports for publicly financed candidates to the state auditor in electronic format.

          B. The state auditor, or the state auditor's designee, shall conduct a financial review of the campaign reports, to the extent deemed necessary by the state auditor, for compliance with the secretary's rules and the Voter Action Act.

          C. The state auditor may compel the production of documentation relevant to the expenditure of public funds by a certified candidate.

          D. Upon completion of financial review, the state auditor shall issue a report of findings to the secretary, the attorney general and the legislative finance committee.

          E. The costs of the state auditor's financial review shall be paid from the fund."

     SECTION 3. Section 12-6-1 NMSA 1978 (being Laws 1969, Chapter 68, Section 1) is amended to read:

     "12-6-1. SHORT TITLE.--[Sections 4-31-1 through 4-31-17 NMSA 1953] Chapter 12, Article 6 NMSA 1978 may be cited as the "Audit Act"."

     SECTION 4. A new section of the Audit Act is enacted to read:

     "[NEW MATERIAL] FINANCIAL REVIEW--PUBLICLY FINANCED HOME RULE MUNICIPALITY CANDIDATES.--

          A. Following the certification of a municipal election, the clerk or other official in charge of campaign reporting of a home rule municipality or a municipality incorporated under special act shall provide to the state auditor, in electronic format, the campaign reports of publicly financed candidates that include the contributions received and the expenditures made by the candidates.

          B. The state auditor, or the state auditor's designee, shall conduct a financial review of the campaign reports, to the extent deemed necessary by the state auditor, for compliance with the municipality's rules or ordinances on publicly financed candidates.

          C. The state auditor may compel the production of documentation relevant to the expenditure of public funds by a candidate.

          D. Upon completion of the financial review, the state auditor shall issue a report of findings to the governing body of the municipality and the attorney general.

          E. The cost of the state auditor's financial review shall be borne by the municipality."

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