EAC OIG audited $19.3 million in funds received by the New Mexico Secretary of State under the Help America Vote Act. The objectives of the audit were to determine whether the Secretary of State (1) expended HAVA payments in accordance with the Act and related administrative requirements and (2) complied with the HAVA requirements for establishing an election fund, meeting its matching share requirement, and maintaining state expenditures for elections at a level not less than the level expended in fiscal year 2000.
Administration of Payments Received Under the Help America Vote Act by the New Mexico Secretary of States
Report Information
Status of Recommendations
Obtain assistance from the New Mexico Attorney General’s Office on the applicable contract provisions for determining the basis of payment to Gutierrez.
Based on the determination regarding the basis of payment to Gutierrez, calculate the amount that should be paid for the voter education services that were provided.
Return to the state election fund (Fund 903) any difference between the amount Gutierrez should have been paid in recommendation 2 above and what he was actually paid.
Calculate and pay interest into the election fund on the amount returned to the election fund in recommendation 3 for the period that it was missing from the fund.
Establish and implement procedures to ensure that the SOS follows applicable procurement laws, regulations, policies and procedures, and contract provisions in the future.
Reimburse the state election fund for the $36,540 payment to San Juan County.
Pay interest to the Election Fund on the $36,540 from the date it was received to the date it was returned to the Election Fund.
Ensure that equipment located at the counties is properly recorded in accordance with 41 CFR 105-71.132(d) (1) of the Common Rule.
Resolve with the differences between equipment purchased and equipment delivered.
We recommend that the Executive Director of the EAC direct the Secretary of State to specify the source of State matching funds of $751,568.
Confirm that the $147,799 has been deposited into the election fund.
We recommend that the Executive Director of the EAC require the Secretary of State to continue to obtain from the County Clerks gross program income and the cost of producing that income. If any net income is reported, the SOS should direct the County…