115.077. Election costs to be paid to election authority, by whom, when, procedure--failure to pay costs, penalty--state payments, fund for, transfers from general revenue.
Election costs to be paid to election authority, by whom, when,procedure--failure to pay costs, penalty--state payments, fund for,transfers from general revenue.
115.077. 1. Special districts, cities, townships in townshiporganization counties, villages and the state shall pay the election costsrequired by this subchapter to each election authority conducting itselections.
2. Not later than the fifth Tuesday prior to any election to beconducted for the state, a special district or political subdivision, theelection authority shall estimate the cost of conducting the election forthe state and each political subdivision and special district submitting acandidate or question at the election. Not later than the third Tuesdayprior to the election, the state, each special district and politicalsubdivision submitting a candidate or question at the election, except thecounty, shall deposit with the election authority an amount equal to theestimated cost of conducting the election for the state, the politicalsubdivision or special district. All payments of election costs receivedby an election authority under the provisions of this subsection shall beplaced by the election authority in a special account and used by theelection authority only to pay the costs incurred in conducting theelection. If the amount paid to an election authority by the state or anypolitical subdivision or special district exceeds the cost of conductingthe election for the state, political subdivision or special district, theelection authority shall promptly refund to the state, politicalsubdivision or special district the difference between the amount depositedwith it and the cost of conducting the election. If the amount depositedwith an election authority by the state or any political subdivision orspecial district is less than the cost of conducting the election for thestate, political subdivision or special district, the state, politicalsubdivision or special district shall, not later than the fifth Tuesdayafter the election, pay to the election authority the difference betweenthe amount deposited and the cost of conducting the election.
3. Except as provided in section 115.061, all payments of electioncosts received by an election authority under the provisions of thissection shall be placed by the election authority in a special account andused by the election authority only to pay the costs incurred in conductingelections.
4. When the state or any political subdivision or special districtwillfully fails to make payment of an election cost required by thissubchapter by the time provided in this subchapter, it shall pay a penaltyof fifty dollars for each day after the time provided in this subchapterproper payment is not made. Any such penalty shall be payable to theelection authority authorized to receive payment of the election cost andshall be deposited in the general revenue fund of such election authority'scity or county.
5. There is hereby created the "State Election Subsidy Fund" in thestate treasury which shall be funded by appropriations from the generalassembly for the purpose of the state making advance payments of electioncosts as required by this section. To meet the state's funding obligationto maintain expenditures pursuant to Section 254(a)(7) of the Help AmericaVote Act of 2002, the commissioner of the office of administration shallannually transfer from general revenue to the state election subsidy fundan amount not less than the amount expended in the fiscal year that endedJune 30, 2000. At the end of each fiscal year, any amounts in the stateelection subsidy fund not expended or obligated to meet the state'sobligations pursuant to section 115.065 and this section shall betransferred to the election administration improvements fund authorizedpursuant to section 115.078 and used to meet the maintenance of effortfunding requirements of Section 254(a)(7) of the Help America Vote Act of2002. Any other law to the contrary notwithstanding, the funds receivedpursuant to Sections 251 and 252 of the Help America Vote Act of 2002 shallbe expended according to the state plan developed pursuant to theprovisions of Section 254 of said act. The secretary of state shalldevelop the state plan through the committee appointed by the secretary ofstate under the provisions of Section 255 of the Help America Vote Act of2002.
(L. 1977 H.B. 101 § 2.545, A.L. 1982 S.B. 526, A.L. 1983 H.B. 713 Revision, A.L. 1985 H.B. 620, A.L. 2003 H.B. 511)