§ 41-129 — Election systems improvement fund; purpose

A. The election systems improvement fund is established in the office of the secretary of state. The fund shall consist of monies received from the United States government, matching monies from state, county or local governments, legislative appropriations, gifts, grants and donations.

B. The secretary of state shall administer the fund. Any monies deposited into the fund in fiscal years 2002-2003 and 2003-2004 are appropriated to the secretary of state and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. To the extent permitted by federal law, monies in the fund, other than state general fund monies, deposited each subsequent fiscal year are subject to legislative appropriation and such appropriations are subject to the lapsing provisions of section 35-190. State general fund monies appropriated to the fund beginning in fiscal year 2004-2005 are available for use by the secretary of state without further appropriation. Monies in the fund do not revert to the state general fund or any other funding source at the end of the fiscal year. The state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

C. On or before December 31 of each year, the secretary of state shall submit to the joint legislative budget committee and the governor's office of strategic planning and budgeting a summary of the total expenditure plan for the fund.

D. Monies in the fund shall be used to implement the provisions of the help America vote act of 2002 (P.L. 107-252).