HOUSE VOTERS AND ELECTIONS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 398

50th legislature - STATE OF NEW MEXICO - first session, 2011

AN ACT

RELATING TO CAMPAIGN REPORTING; REQUIRING THE SECRETARY OF STATE TO POST RANDOM EXAMINATION RESULTS OF CAMPAIGN EXPENDITURES AND CONTRIBUTIONS ON THE SECRETARY OF STATE'S WEB SITE; REQUIRING THE SECRETARY OF STATE TO POST AN ANNUAL REPORT OF UNRESOLVED CAMPAIGN EXPENDITURE AND CONTRIBUTION DISCREPANCIES ON THE SECRETARY OF STATE'S WEB SITE.

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

     SECTION 1. Section 1-19-32.1 NMSA 1978 (being Laws 1981, Chapter 331, Section 9, as amended) is amended to read:

     "1-19-32.1. REPORTS EXAMINATION--FORWARDING OF

REPORTS.--

          A. The secretary of state shall conduct a thorough examination of at least ten percent of all reports filed

during a year by reporting individuals, selected at random at least forty days after the general election and ten days after the April reports are filed in a nonelection year, to determine compliance with the provisions of the Campaign Reporting Act. The examination may include an investigation of any discrepancies, including a cross-reference to reports filed by any other reporting individual. A reporting individual shall be notified in writing if a discrepancy is found in the report filed and shall be permitted to file a written explanation for the discrepancy within ten working days of the date of the notice. The notice, penalty and arbitration provisions set forth in Section 1-19-34.4 NMSA 1978 shall apply to examinations conducted under this section.

          B. After the date stated in the notice of final action for submission of a written explanation, the secretary of state shall prepare an annual report of any unresolved discrepancies found after examination of the random sample provided for in Subsection A of this section. A copy of this report shall be transmitted to the attorney general for enforcement pursuant to the provisions of Section 1-19-36 NMSA 1978. This report is a public record open to public inspection and subject to the retention and destruction provisions set forth in Section 1-19-32 NMSA 1978.

          C. The secretary of state shall post the results of the random examinations performed pursuant to Subsection A of this section and the annual report of unresolved discrepancies prepared pursuant to Subsection B of this section on the secretary of state's web site."

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