§3-12-14. Duties of the State Election Commission; Secretary of
State.
(a) In addition to its other duties, the State Election
Commission shall carry out the duties of this article and complete
the following as applicable:
(1) Prescribe forms for reports, statements, notices and other
documents required by this article;
(2) Make an annual report to the Legislature accounting for
moneys in the fund, describing the State Election Commission's
activities and listing any recommendations for changes of law,
administration or funding amounts;
(3) Propose emergency and legislative rules for legislative
approval, in accordance with the provisions of article three,
chapter twenty-nine-a of this code, as may be necessary for the
proper administration of the provisions of this article;
(4) Enforce the provisions of this article to ensure that
moneys from the fund are placed in candidate campaign accounts and
spent as specified in this article;
(5) Monitor reports filed pursuant to this article and the
financial records of candidates to ensure that qualified candidates
receive matching funds promptly and to ensure that moneys required
by this article to be paid to the fund are deposited in the fund;
(6) Cause an audit of the fund to be conducted by independent
certified public accountants ninety days after a general election.
The State Election Commission shall cooperate with the audit, provide all necessary documentation and financial records to the
auditor and maintain a record of all information supplied by the
audit;
(7) In consultation with the State Treasurer and the State
Auditor, develop a rapid, reliable method of conveying funds to
certified candidates. In all cases, the commission shall
distribute funds to certified candidates in a manner that is
expeditious, ensures accountability and safeguards the integrity of
the fund; and
(8) Regularly monitor the receipts, disbursements, obligations
and balance in the fund to determine whether the fund will have
sufficient moneys to meet its obligations and sufficient moneys
available for disbursement during the general election campaign
period.
(b) In addition to his or her other duties, the Secretary of
State shall carry out the duties of this article and complete the
following as applicable:
(1) Prescribe forms for reports, statements, notices and other
documents required by this article;
(2) Prepare and publish information about this article and
provide it to potential candidates and citizens of this state;
(3) Prepare and publish instructions setting forth methods of
bookkeeping and preservation of records to facilitate compliance
with this article and to explain the duties of candidates and
others participating in elections under the provisions of this article;
(4) Propose emergency and legislative rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code as may be necessary for the
proper administration of the provisions of this article;
(5) Enforce the provisions of this article to ensure that
moneys from the fund are placed in candidate campaign accounts and
spent as specified in this article;
(6) Monitor reports filed pursuant to this article and the
financial records of candidates to ensure that qualified candidates
receive matching funds promptly and to ensure that moneys required
by this article to be paid to the fund are deposited in the fund;
(7) Ensure public access to the campaign finance reports
required pursuant to this article, and whenever possible, use
electronic means for the reporting, storing and display of the
information; and
(8) Prepare a voters' guide for the general public listing the
names of each candidate seeking election to the Supreme Court of
Appeals. Both certified and nonparticipating candidates shall be
invited by the State Election Commission to submit a statement, not
to exceed five hundred words in length, for inclusion in the guide.
The guide shall identify the candidates that are certified
candidates and the candidates that are nonparticipating candidates.
Copies of the guide shall be posted on the website of the Secretary
of State, as soon as may be practical.
(c) To fulfill their responsibilities under this article, the
State Election Commission and the Secretary of State may subpoena
witnesses, compel their attendance and testimony, administer oaths
and affirmations, take evidence and require, by subpoena, the
production of any books, papers, records or other items material to
the performance of their duties or the exercise of their powers.
(d) The State Election Commission may also propose and adopt
procedural rules to carry out the purposes and provisions of this
article and to govern procedures of the State Election Commission
as it relates to the requirements of this article.