New Mexico Administrative Code

A. The entire amount paid by a donor to attend a political fundraiser or other political event or to purchase a fundraising item sold by a candidate is a contribution and counts against the donor's limit for political contributions, except for special events pursuant to Subsectio…

A. Excessive or prohibited contributions shall be returned to the donor upon receipt, without penalty to the reporting individual. However, if the secretary of state discovers a discrepancy or otherwise makes a finding that an excessive or illegal contribution has been received b…

A. A contribution is "made" by the contributor when the contributor relinquishes control over it. If the contributor hand delivers a contribution, the contribution is made on the delivery date. If mailed, a contribution is made on the date of the postmark. An in-kind contribution…

A. It is unlawful for a person to make a contribution in the name of another person and no reporting entity shall knowingly accept a contribution from one person in the name of another person. B. A reporting individual shall not knowingly accept a contribution which was earmarked…

A. Candidates who use the candidate's own personal funds for expenditures of the campaign committee must report the funds as either contributions to the campaign committee, which cannot be repaid to the candidate, or as loans to the campaign committee, which can be repaid from ot…

A. Donations to charity from campaign funds permitted under Paragraph (4) of Subsection A of Section 1-19-29.1 NMSA 1978 may be paid only to organizations recognized as tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1986. B. The candidate or committee making a…

A. A coordinated expenditure shall be treated as an in-kind contribution from the person who made the expenditure to the candidate or committee at whose request or suggestion, or in cooperation, consultation or concert with whom, the expenditure was made, and shall be subject to …

A. A reporting individual shall obtain and preserve all records, including bank statements and receipts, necessary to substantiate the campaign finance reports required pursuant to the Campaign Reporting Act for a period of two years from the date of the filing of the report cont…

This rule is authorized by Section 1-2-1 NMSA 1978 and Section 1-19-26.2 of the Campaign Reporting Act, Sections 1-19-25 through 1-19-37 NMSA 1978.

A. Pursuant to Section 1-19-32.1 NMSA 1978, a randomly selected list of current and past candidates and political committees is computer generated by the secretary of state. B. The secretary of state conducts a review of the reports filed during the election year or reporting per…

A. The disclaimers on campaign advertising mandated by Section 1-19-26.4 NMSA 1978 are required for:(1) advertisements that are disseminated by a candidate, a campaign committee or a political committee, including a legislative caucus committee, registered pursuant to 1.10.13.8 N…

A. Only one legislative caucus committee may exist for the majority and minority of each legislative chamber. B. The speaker and the minority floor leader of the house of representatives and the majority floor leader and the minority floor leader of the senate shall be the design…

Candidates and officeholders impacted by the prohibited period pursuant to Section 1-19-34.1 NMSA 1978 are not required to cancel or pause automatic recurring contributions that were solicited and established prior to the start of the prohibited period.

Permanent

October 10, 2017, unless a later date is cited at the end of a section.

The objective of this rule is to provide clear guidance regarding the application and implementation of the provisions of the Campaign Reporting Act, Sections 1-19-25 through 1-19-36 NMSA 1978 to affected parties while also providing for clear and specific guidance to the secreta…

A. "Agent" means a person with express or implied authorization to engage in campaign related activities on behalf of a candidate or committee. B. "Aggregate contributions" means the sum total of all contributions given to a candidate, campaign committee, or political committee b…

A. A candidate for a non-statewide office shall register the candidate's campaign committee with the secretary of state within 10 days of receiving contributions or expending one thousand dollars ($1,000) or more for campaign expenditures or filing a declaration of candidacy; whi…

If a candidate files a statement of withdrawal, the candidate must file a final report in CFIS no later than the next report deadline or continue to file CFIS reports pursuant the schedule defined by Section 1-19-29 NMSA 1978.

The Office of the New Mexico Secretary of State.

A. In any contest in which more than one officer position is conducted by ranked choice voting, the tabulation proceeds in rounds. If, in the initial tabulation, the number of continuing candidates is less than or equal to the number of offices to be elected, then all continuing …

A. The configuration of voting machine settings for a ranked choice or a top-two runoff election shall be determined by the secretary of state. B. At a minimum, election results shall be posted online in the statewide reporting system.

A. If no candidate receives the percentage of votes required by the laws of the municipality to be elected in the first round of voting for the particular office in question, a runoff election shall be held no sooner than 21 days nor later than 45 days after approval of the repor…

If any part of this rule is declared unconstitutional by a court of competent jurisdiction, the remaining parts shall survive in full force and effect.

This rule applies to runoff elections covered under the election code.

This rule is authorized by Sections 1-2-1 and 1-22-16 NMSA 1978, of the Election Code.

Permanent.

September 10, 2019, unless a later date is cited at the end of a section.

The purpose of this rule is to provide effective procedures for runoff elections.

A. "Choice" means an indication on a ballot of a voter's assigned ranking of candidates for any single office according to the voter's preference. The standards for what constitutes a vote is codified in 1.10.23.12 NMAC and is incorporated by reference. B. "Continuing ballot" mea…

A. The ranked choice voting ballot shall allow voters to rank all candidates in order of choice. The ranked choice voting ballot shall also contain a space on the ballot for a qualified write-in candidate to be ranked. B. Instructions on the ballot shall conform substantially to …

A. In the first round every ballot shall count as a vote towards the first choice candidate. During each successive round of counting, each continuing ballot contains one vote. All first choices are votes and lower ranked choices are potential runoff votes that may, in accordance…

Office of the New Mexico Secretary of State

A. Challenges in front of the absent voter election board are handled in accordance with Subsections C and D of Section 1-6-14 NMSA 1978. B. If a challenge is made in front of the absent voter election board, a designated election board member shall notate "challenged" on the abs…

This rule applies to the administration of all elections conducted pursuant to the Election Code.

This rule is authorized by Section 1-2-1 NMSA 1978 of the Election Code.

Permanent.

September 29, 2020, unless a later date is cited at the end of a section.

The purpose of this rule is to provide a uniform system of handling and challenging mailed ballots consistent with the Election Code.

A. A properly appointed challenger or member of the election board may interpose challenges only for the specific reasons outlined in Sections 1-12-20 and Subsection C of Section 1-6-14 NMSA 1978. B. The election board shall allow a challenger to view the application to vote form…

Office of the New Mexico Secretary of State.

If any part of this rule is declared unconstitutional by a court of competent jurisdiction, the remaining parts shall survive in full force and effect.

This rule applies to all state and local ballot questions.

This rule is authorized by Sections 1-16-7 and 1-2-1, NMSA 1978.

Permanent.

September 10, 2019, unless a later date is cited at the end of a section.