SB 108 — DISTRIBUTION TO ELECTION FUND

SENATEAN BILLACT 108RELATING 56THTO LEGISLATURETHE -ELECTION STATEOFNEWMEXICO-FUND; SECOND SESSION , 2024 INTRODUCED BY George K.

MuñozCREATING andA NancyTRANSFER RodriguezTO ThisTHE documentELECTION mayFUND incorporateIN amendmentsAN proposedAMOUNT byBASED aON committee,THE butCOSTS notOF yetAN adopted,ELECTION. as well as amendments that have been adopted during the current legislative session.

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hSECTION AN1. ACT g o RELATING TO THE ELECTION FUND;

CREATINGSection A1-11-19 SFCºDISTRIBUTION»SFCNMSA t1978 hr(being gLaws e2018, iChapter k79, SFCºTRANSFER»SFCSection TO33, THEas ELECTIONamended) FUNDis SFCºTOamended ENSUREto THATread: THE h r i s BALANCE OF THE FUND AT THE END OF A FISCAL YEAR IS TWENTY h , t, MILLION DOLLARS ($20,000,000)»SFC SFCºIN AN AMOUNT BASED ON e u g e b l e e h THE COSTS OF AN ELECTION»SFC .

n d d i = = o h l ] b ,d i a º e BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

r i = r t e w d m a n o SECTION 1.

Section 1-11-19 NMSA 1978 (being Laws 2018, d m :

b e d s º o t n = .226928.1AIC February 5, 2024 (9:28pm) s k m e e a n e d r e l u [ A d Chapter 79, Section 33, as amended) is amended to read:

and (4) carrying out all other specified provisions of the Election Code not already covered by another h fund administered by the secretary of state.

g o t hr B.

The state treasurer shall invest the election gSB e108 i k fund as other state funds are invested, and all income derivedPage h1 rderived i s from the fund shall be credited directly to the fund.

h , t, Remaining balances at the end of a fiscal year shall remain in e u g e b l e e h the fund and not revert to the general fund.

Money in the fund n d d i = = o h is appropriated to the office of the secretary of state for the l ] b ,d i a º e purposes authorized in Subsection A of this section.

Money in rthe ifund =shall ronly tbe eexpended won dwarrants mof athe ndepartment oof thefinance fundand shalladministration onlypursuant beto expendedvouchers onsigned warrantsby the secretary of thestate departmentor dthe msecretary's :designee.

b e d s º o t n = .226928.1AIC February 5, 2024 (9:28pm) s k m e - 2 - e a n e d r e l u [ A d of finance and administration pursuant to vouchers signed by the secretary of state or the secretary's designee.

[and ] (5) grants or capital outlay funds received by h the secretary of state for the purposes of Subsection A of this g o t hr section and not designated for any other fund;

and g e i k (6) money SFCºdistributed»SFCtransferred h r i s SFCºtransferred»SFC to the fund pursuant SB 108 Page 2 to Section 2 of this h , t, 2024 act.

e u g e b l e e h D.

The secretary of state may submit a budget n d d i = = o h adjustment request to use money in the election fund for the l ] b ,d i a º e purposes authorized in Subsection A of this section beyond a r i = r t e w d m a n o five percent variance from the approved elections budget for dthe mcurrent :fiscal year.

b e d s º o t n = .226928.1AIC February 5, 2024 (9:28pm) s k m e - 3 - e a n e d r e l u [ A d the current fiscal year.

If the current year balances in the election fund do not cover the costs of elections, the secretary of state may apply to the state board of finance for an emergency grant to cover those costs pursuant to Section 6-1-2 NMSA 1978." SFCº SECTION 2.

ATRANSFER--GENERAL newFUND sectionTO ELECTION FUND.-- Within ninety days after an election, the secretary of state shall certify to the Taxdepartment Administrationof Actfinance isand enactedadministration the total costs incurred by the office of the secretary of state to read:administer the election.

"[NEWWithin MATERIAL]thirty DISTRIBUTION--ELECTIONdays FUND.--Atof thereceipt end of athe fiscalcertification, yearthe anddepartment afterof allfinance otherand moneyadministration hasshall beentransfer depositedfrom in the electiongeneral fund for that fiscal year, as provided by law, a distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the election fund in an amount necessaryequal to bring the balancelesser of the fundcertified toamount twentyor fifteen million dollars ($20,000,000).»SFC($15,000,000). SFCºSECTION 2.

TRANSFER--GENERALSECTION FUND3. TO ELECTION FUND.--Within ninety days after an election, the secretary of h state shall certify to the department of finance and u » r t h administration the total costs incurred by the office of the g e l i secretary of state to administer the election.

WithinEFFECTIVE thirtyDATE.--The heffective rdate i s days of receipt of the certification,provisions the department of financethis hact ,is eJuly h1, t2024. u g and administration shall transfer from the general fund to the e b l e e , gh election fund an amount equal to the lesser of the certified n d d i = = o h amount or fifteen million dollars ($15,000,000).»SFC " l ] b ,d i a º r e r = SECTION 3.

EFFECTIVESB DATE.--The108 effectivePage date3 of25 the t e w d m a n o provisions of this act is July 1, 2024.

d m :

b r e t º o t n = .226928.1AIC February 5, 2024 (9:28pm) s k m e - 4 - e a n e d r e l u [ A d