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 [1-19-25 to 1-19-36 NMSA 1978]. 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.
History: 1978 Comp., § 1-19-32.1, enacted by Laws 1981, ch. 331, § 9; 1993, ch. 46, § 9; 1994, ch. 86, § 2; 1995, ch. 153, § 9; 2009, ch. 67, § 5.
ANNOTATIONSCross references. — For time and place of filing reports, see 1-19-29 NMSA 1978.
For contents of report, see 1-19-31 NMSA 1978.
The 2009 amendment, effective June 19, 2009, in Subsection A, before "reports", changed "May" to "April" and deleted former Subsection C which provided for the delivery of each report of expenditure and contributions or statement of exception by each county clerk to the secretary of state and for the delivery of each report of expenditure and contributions by legislative candidates for a multicounty district by the secretary of state to county clerks.
The 1995 amendment, effective June 16, 1995, rewrote the section to the extent that a detailed analysis is impracticable.