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. Within thirty days after any expenditure of monies from the fund, the secretary
of state shall submit to the joint legislative budget committee 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).