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SECRETARY OF STATE OFFICE RELEASES AUDIT

The Office of the Secretary of State (SOS) released documents about election audit records from 2022 and 2023, following a request from The Foundation for Open Government (FOG).

FOG filed the request with the SOS after hearing from callers on the FOG hotline. The hotline callers said they were denied the right to inspect records from the 2022-23 audits. The SOS response states the information was withheld as it was “proprietary”.

The SOS hired the firm of Zlotnick & Sandoval CPA to complete these audits.

The Inspection of Public Records Act (IPRA) laws apply to records held by public agencies. However, the New Mexico Court of Appeals Court in September 2019 issued a court decision recognizing that private entities performing a public function for a public agency are subject to IPRA and must release records relating to its public duties. FOG cited this ruling in its request stating that the audits performed by Zlotnick & Sandoval CPA were not exempt from inspection and therefore are required to be provided.

The SOS agreed with FOG’s position and released the audit information.


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