Chapter 1 — Chapter 1

Sections 1-19-25 through 1-19-36 NMSA 1978 may be cited as the "Campaign Reporting Act". History: 1978 Comp., § 1-19-25, enacted by Laws 1979, ch. 360, § 1.

As used in the Campaign Reporting Act: A. "advertisement" means a communication referring to a candidate or ballot question that is published, disseminated, distributed or displayed to the public by print, broadcast, satellite, cable or electronic media, including recorded phone …

A. It is unlawful for a political committee to continue to receive or make any contribution or expenditure for a political purpose if the committee fails to meet the requirements of Subsections B and C of this section. B. A political committee shall appoint and maintain a treasur…

The secretary of state may adopt and promulgate rules and regulations to implement the provisions of the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978]. In adopting and promulgating these rules and regulations, the secretary of state shall comply with the provisions of the…

disclosure; telephone calls; records. A. A campaign committee or political committee that is required to register pursuant to the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978] shall not expend campaign or political committee funds to directly or indirectly pay for a telep…

deceptive media; violation; penalty. A. A person who makes a campaign expenditure, a coordinated expenditure or an independent expenditure for an advertisement in an amount that exceeds one thousand dollars ($1,000), or in an amount that, when added to the aggregate amount of the…

penalty. A. Beginning on July 1, 2021, for all new political committees registering with the secretary of state, the treasurer for the political committee shall submit an electronically signed statement acknowledging the political committee's responsibilities on a form prescribed…

treasurer. A. An individual who resigns as the treasurer of a political committee shall submit a written resignation statement to the secretary of state. An individual's resignation is not effective until the secretary of state receives the written resignation statement from the …

A. No later than thirty days after the effective date of this 2019 act, the speaker and minority floor leader of the house of representatives and the majority floor leader and the minority floor leader of the senate shall establish or designate the political committee that is the…

required; crime for violation; exceptions; enforcement. A. Except as otherwise provided in Subsections B through D of this section, it is a violation of the Campaign Reporting Act for a person to distribute or enter into an agreement with another person to distribute materially d…

reporting system fund. A. All reporting individuals shall file with the secretary of state reports of expenditures and contributions and statements of no activity when required by the Campaign Reporting Act [1-19- 25 to 1-19-36 NMSA 1978] in an electronic format prescribed by the…

A. A person who makes an independent expenditure not otherwise required to be reported under the Campaign Reporting Act shall file a report with the secretary of state within: (1) three days of making the expenditure if the expenditure, by itself or aggregated with all independen…

A. The secretary of state annually shall furnish to all reporting individuals the prescribed forms for the reporting of expenditures and contributions, supplemental reports and a statement of no activity and the specific dates the reports and statement are due. B. In addition to …

A. Except as otherwise provided in this section, all reporting individuals shall file with the secretary of state no later than the second Monday in April and October a report of all expenditures made and contributions received on or before the first Monday in those months and no…

A. It is unlawful for a candidate or the candidate's agent to make an expenditure of contributions received, except for the following purposes or as otherwise provided in this section: (1) expenditures of the campaign; (2) expenditures of legislators that are reasonably related t…

ANNOTATIONS Repeals. — Laws 1993, ch. 46, § 58 repealed former 1-19-30 NMSA 1978, as enacted by Laws 1978, ch. 360, § 6, relating to reporting period, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.

Each required report of expenditures and contributions shall be typed or printed legibly, or on a computer disc or format approved by the secretary of state, and shall include: A. the name and address of the person or entity to whom an expenditure was made or from whom a contribu…

A. Each of the following documents is a public record open to public inspection during regular office hours in the office in which the document was filed or from which the document was issued: (1) a statement of no activity; (2) a report of expenditures and contributions; (3) an …

A. The secretary of state shall conduct a thorough examination of at least ten percent of all reports filed during a year by reporting individuals, selected at random at least forty days after the general election and ten days after the April reports are filed in a non-election y…

History: 1978 Comp., § 1-19-33, enacted by Laws 1979, ch. 360, § 9; 1993, ch. 46, § 10; 1995, ch. 153, § 10; repealed by Laws 2009, ch. 67, § 7.

account; anonymous contributions; contributions from special events; credit and debit card contributions. A. A political or campaign committee or a candidate shall ensure that: (1) a treasurer has been appointed and is constantly maintained; provided, however, that when a duly ap…

A. It is unlawful during the prohibited period for a state legislator, the attorney general, the secretary of state, the state treasurer, the commissioner of public lands or the state auditor or a candidate for state legislator, attorney general, secretary of state, state treasur…

It is unlawful for an elected state official, public officer or employee who works for a regulatory office or a candidate who seeks election to a regulatory office or anyone authorized by a candidate to solicit funds on his behalf to knowingly solicit a contribution from an entit…

concealing source of contributions used for independent expenditures. A. It is unlawful for a person to make a contribution in the name of another person, and no person shall knowingly accept a contribution made by one person in the name of another person. B. No person shall make…

for enforcement. A. The secretary of state shall advise and seek to educate all persons required to perform duties under the Campaign Reporting Act of those duties. This includes advising all known reporting individuals at least annually of that act's deadlines for submitting req…

A. For purposes of a civil action, it shall be presumed that a public official or a candidate for public office subject to the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978] has authorized and approved each solicitation for campaign contributions made by his campaign commi…

A. If the secretary of state exhausts efforts in seeking voluntary compliance and reasonably believes that a person committed, or is about to commit, a violation of the Campaign Reporting Act, the secretary of state shall refer the matter to the state ethics commission for enforc…

A. Except as provided in Subsections H through J of this section: (1) a person, including a political committee, shall not make a contribution to a candidate, including the candidate's campaign committee, or to a political committee in an amount that will cause that person's tota…

A. The state ethics commission shall have jurisdiction to investigate and adjudicate a complaint alleging a civil violation of a provision of the Campaign Reporting Act in accordance with the provisions of that act. B. The secretary of state shall forward complaints it receives a…

A. Except for the report required to be filed and delivered the Thursday prior to the election and any supplemental report, as required in Paragraph (5) of Subsection B of Section 1-19-29 NMSA 1978, if a statement of no activity or a report of expenditures and contributions is no…

A. Any person who knowingly and willfully violates any provision of the Campaign Reporting Act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both. B. The Campaign Reportin…

The provisions of the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978] do not apply to any candidate subject to the provisions of the federal law pertaining to campaign practices and finance. History: Laws 1979, ch. 360, § 14. ARTICLE 19A Voter Action

Chapter 1, Article 19A NMSA 1978 may be cited as the "Voter Action Act". History: Laws 2003, ch. 14, § 1; 2019, ch. 175, § 1.

A. There is created in the state treasury the "public election fund" solely for the purposes of: (1) financing the election campaigns of certified candidates for covered offices; (2) paying administrative and enforcement costs of the Voter Action Act; and (3) carrying out all oth…

A. By January 1, 2007, and every two years thereafter, the secretary shall prepare and provide to the legislature a report documenting, evaluating and making recommendations relating to the administration, implementation and enforcement of the Voter Action Act. B. In the report, …

A. Beginning with the election cycle that ends with the general election in 2006, the secretary shall distribute money from the fund to certified candidates. B. For a primary election certified candidate, the secretary shall distribute the amount due to that certified candidate f…

A. By September 1 of each odd-numbered year, the secretary shall determine the amount of money to be distributed to each certified candidate for the election cycle ending with the next general election, based on the type of election and the provisions of Subsections B through G o…

History: Laws 2003, ch. 14, § 14; 2007 (1st S.S.), ch. 2, § 7; repealed by Laws 2019, ch. 175, § 11.

A. The secretary shall adopt rules to ensure effective administration of the Voter Action Act. B. The rules shall include procedures for: (1) qualifications, certification and disbursement of revenues and return of unspent fund revenues; (2) obtaining qualifying contributions; (3…

A. The state ethics commission shall have jurisdiction to investigate and adjudicate a complaint alleging a civil violation of a provision of the Voter Action Act in accordance with the provisions of the State Ethics Commission Act [Chapter 10, Article 16G NMSA 1978]. B. The secr…

The procedure for challenging a certification decision by the secretary is as follows: A. a person aggrieved by a certification decision or a decision regarding the distribution of matching funds may appeal to the secretary within three days of the decision. The appeal shall be i…

A. In addition to other penalties that may be applicable, a person who violates a provision of the Voter Action Act is subject to a civil penalty of up to ten thousand dollars ($10,000) per violation. In addition to a fine, a certified candidate found in violation of that act may…

As used in the Voter Action Act: A. "applicant candidate" means a candidate who is running for a covered office and who is seeking to be a certified candidate in a primary or general election; B. "certified candidate" means a candidate running for a covered office who chooses to …

A. A person choosing to obtain financing pursuant to the Voter Action Act shall first file with the secretary a declaration of intent to participate in that act as an applicant candidate for a stated covered office. The declaration of intent shall be filed with the secretary prio…

A. Applicant candidates shall obtain qualifying contributions as follows: (1) for all statewide judicial elective offices, the number of qualifying contributions equal to one-tenth percent of the number of voters in the state; and (2) for the office of district judge: (a) four hu…

A. An applicant candidate may collect contributions during the sixty days immediately preceding the qualifying period and throughout the qualifying period from qualified electors registered to vote in the state. An applicant candidate shall not accept contributions from any other…

History: Laws 2003, ch. 14, § 5; 2007 (1st S.S.), ch. 2, § 3; repealed by Laws 2019, ch. 175, § 11.

A. Upon receipt of a final submittal of qualifying contributions by an applicant candidate, the secretary shall determine from the applicant candidate's statement whether the applicant candidate has: (1) signed and filed a declaration of intent to obtain financing pursuant to the…

of certified candidates. A. All money distributed to a certified candidate shall be used only for that candidate's campaign-related purposes in the election in which the money was distributed. B. Money from the fund received by a candidate shall not be used for: (1) the candidate…

candidates. A. A certified candidate may accept monetary or in-kind contributions from a political party; provided that the aggregate amount of such contributions from all political party committees combined does not exceed the equivalent of ten percent of the value of that candi…