1. 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 non-election 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 and come into voluntary compliance within ten working days of the date of the notice.
2. B. After the date stated in the notice 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 state ethics commission and the attorney general for enforcement pursuant to the provisions of Sections 1-19-34.6 and 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; 2021, ch. 109, § 2.

ANNOTATIONS

Cross 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 2021 amendment, effective July 1, 2021, provided that if the secretary of state finds a reporting discrepancy in a report, the reporting individual shall be permitted to come into voluntary compliance within ten working days, provided that a copy of the secretary of state's annual report of unresolved discrepancies shall be transmitted to the state ethics commission, and provided for enforcement of reporting requirements; in Subsection A, after "explanation for the discrepancy", added "and come into voluntary compliance", and after "date of notice", deleted "The notice, penalty and arbitration provisions set forth in Section 1-19-34.4 NMSA 1978 shall apply to examinations conducted under this section."; and in Subsection B, after "report shall be transmitted to the", added "state ethics commission and the", and after "pursuant to the provisions of", deleted "Section" and added "Sections 1-19-34.6 and".

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.