45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO ELECTIONS; ENACTING THE SCHOOL BOARD CAMPAIGN FINANCE REPORTING ACT; ESTABLISHING CAMPAIGN FINANCE REPORTING REQUIREMENTS FOR SCHOOL BOARD ELECTIONS; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "School Board Campaign Finance Reporting Act".

Section 2. DEFINITIONS.--As used in the School Board Campaign Finance Reporting Act:

A. "anonymous contribution" means a contribution, the contributor of which is unknown to the candidate or his agent who accepts the contribution;

B. "candidate" means an individual who has filed a declaration of candidacy for election to a school board;

C. "contribution" means a gift, subscription, loan, advance or deposit of any money or other thing of value, including the estimated value of an in-kind contribution, that is made or received for a political purpose, including payment of a debt incurred in a school board election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate;

D. "expenditure" means a payment, transfer or distribution or obligation or promise to pay, transfer or distribute any money or other thing of value for a school board election, including payment of a debt incurred in an election campaign;

E. "political purpose" means influencing or attempting to influence a school board election;

F. "proper filing officer" means the county clerk of the county in which the school district is located or, in the case of a multicounty school district, the clerk of the county in which the administrative office of the school district is located;

G. "school board" means the local school board of a school district, the governing board of a technical and vocational institute, the governing board of an area vocational institute, a community college board or a branch community college board;

H. "school board election" means any regular or special election for a school board member; and

I. "school district" means a school district as defined in the Public School Code, a technical and vocational institute district, an area vocational institute district, a community college district or a branch community college district.

Section 3. SCHOOL BOARD CAMPAIGN FINANCE REPORTING REQUIREMENTS.--

A. Each candidate who receives contributions or makes expenditures of more than one thousand dollars ($1,000) in a school board election campaign shall file with the proper filing officer reports of all contributions and expenditures as required by the School Board Campaign Finance Reporting Act.

B. The proper filing officer shall provide necessary contribution and expenditure reporting forms to a candidate at the time a declaration of candidacy is filed. The secretary of state shall approve the forms to be used.

C. Contribution and expenditure reports shall be filed with the proper filing officer:

(1) twenty-five days prior to a school board election;

(2) seven days prior to a school board election;

(3) thirty days after a school board election, which shall be the final report unless the campaign account remains open or all contributions are not reported as having been expended in accordance with the provisions of Section 6 of the School Board Campaign Finance Reporting Act; and

(4) annually in non-election years on the first Tuesday in February, until the account is reported as closed or all expenditures are reported as having been expended in accordance with Section 6 of the School Board Campaign Finance Reporting Act.

D. The contribution and expenditure report due twenty-five days prior to a school board election shall include all contributions received and expenditures made before or on the thirtieth day prior to the election and not previously reported. The report due seven days prior to the election shall include all contributions received and expenditures made before or on the tenth day prior to the election and not previously reported. The report due thirty days after the election shall include all contributions received and expenditures made before or on the twenty-fifth day after the election and not previously reported. The annual report due on the first Tuesday in February in non-election years shall include all contributions received and expenditures made that have not been previously reported.

E. If at any time a candidate receives contributions or makes expenditures in excess of one thousand dollars ($1,000), the candidate shall file the next scheduled report and each succeeding report.

F. A report shall not be deemed timely filed unless it is received by the proper filing officer by 5:00 p.m. on the day the report is required to be filed.

Section 4. EXCLUSION OF CERTAIN CANDIDATES FROM REPORTING--STATEMENT OF EXCEPTION.--

A. A candidate who anticipates receiving and expending less than one thousand dollars ($1,000) in a school board election campaign may file, in lieu of filing a report of contributions and expenditures, a statement of exception to that effect on a prescribed form and under penalty of perjury. The statement of exception shall be filed with the proper filing officer at the time of filing a declaration of candidacy.

B. Upon filing of the statement of exception, the candidate shall not be required to file a report of contributions and expenditures except as provided in Subsection C of this section.

C. If at any time after filing a statement of exception a candidate receives or expends in an election more than the one thousand dollar ($1,000) threshold amount provided in Subsection A of this section, the candidate shall file reports of contributions and expenditures according to the reporting schedule provided in Section 3 of the School Board Campaign Finance Reporting Act.

Section 5. CONTENTS OF REPORT OF CONTRIBUTIONS AND EXPENDITURES--ANONYMOUS CONTRIBUTION.--

A. Each report of contributions and expenditures required by the School Board Campaign Finance Reporting Act shall be typed or printed legibly, or on a computer disc or format approved by the proper filing officer, and shall include:

(1) the full name and address of the individual or entity from whom a contribution was received or to whom an expenditure was made, except for an anonymous contribution; provided that for contributors, the name of the entity or the first and last names of any individual shall be the full name of the entity or individual, and initials only shall not constitute a full name of an entity unless that is its complete legal name;

(2) the occupation or type of business of any individual or entity making contributions of two hundred fifty dollars ($250) or more in the aggregate per school board election;

(3) the amount of the contribution or expenditure or value thereof;

(4) the purpose of the expenditure; and

(5) the date of the contribution or expenditure.

B. No anonymous contribution may be accepted in excess of fifty dollars ($50.00). The aggregate amount of anonymous contributions accepted by a candidate shall not exceed two hundred fifty dollars ($250) per school board election.

C. The report of contributions and expenditures shall be subscribed and sworn to by the candidate. If the report of contributions and expenditures is filed in an electronically readable format, the report shall be subscribed and sworn to by the candidate in an independent affidavit signed by the candidate and filed with the proper filing officer.

D. Each report shall contain an opening and closing cash balance for the campaign account.

E. Each report shall specify the amount of each unpaid debt and the identity of the person to whom the debt is owed, except that the debts to suppliers of goods and services that are not more than thirty days past due need not be reported.

Section 6. LIMITATION ON USE OF CAMPAIGN CONTRIBUTIONS.--It is unlawful for any candidate, elected school board member or the agent of either to make an expenditure of contributions received, except for the following purposes:

A. expenditures of the campaign of the candidate;

B. donations to the campaign of another candidate for election to a school board;

C. donations to the state general fund; or

D. donations to an organization to which a federal income tax deduction would be permitted pursuant to Subparagraph (A) of Paragraph (1) of Subsection (b) of Section 170 of the Internal Revenue Code of 1986.

Section 7. ENFORCEMENT--PENALTIES.--

A. Any person who believes a provision of the School Board Campaign Finance Reporting Act has been violated may file a sworn complaint with the proper filing officer. If the proper filing officer reasonably believes a provision of the School Board Campaign Finance Reporting Act has been violated, the proper filing officer shall refer the matter to the district attorney. The School Board Campaign Finance Reporting Act may be enforced by the district attorney in the county where the candidate resides.

B. If a campaign contribution or expenditure report is filed late or is incomplete or false, the candidate responsible for it shall, in addition to any other penalties or remedies, be liable for and shall pay to the proper filing officer twenty-five dollars ($25.00) per day for each regular working day that the required full and complete report is late, up to a maximum of one thousand dollars ($1,000).

C. If a candidate who violates the provisions of the School Board Campaign Finance Reporting Act is elected to the school board, that person shall not serve on the school board or participate in school board meetings until the candidate satisfies all reporting requirements of the School Board Campaign Finance Reporting Act and pays all penalties owed. The provisions of this subsection are in addition to any other penalties provided by law.

D. Any person who knowingly and willfully violates a provision of the School Board Campaign Finance 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.