SENATE BILL 30

48th legislature - STATE OF NEW MEXICO - second special session, 2008

INTRODUCED BY

James G. Taylor

AN ACT

RELATING TO ELECTIONS; PROHIBITING PAYMENT OF REGISTRATION AGENTS ON A PER REGISTRATION BASIS; REQUIRING CERTAIN THIRD PARTY REGISTRATION AGENTS TO DISCLOSE THE NAMES OF CONTRIBUTORS OF MORE THAN FIVE THOUSAND DOLLARS ($5,000); REQUIRING BACKGROUND CHECKS OF CERTAIN REGISTRATION AGENTS; PROVIDING FOR PENALTIES.

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

     Section 1. A new section of the Election Code is enacted to read:

     "[NEW MATERIAL] REGISTRATION AGENTS--COMPENSATION.--

          A. A person or organization shall not pay or offer to pay an individual compensation based on the number of registration forms completed or the party affiliations shown on completed registration forms.

          B. An individual shall not receive compensation based on the number of registration forms completed or the party affiliations shown on completed registration forms."

     Section 2. A new section of the Election Code is enacted to read:

     "[NEW MATERIAL] THIRD PARTY REGISTRATION ORGANIZATIONS--BACKGROUND CHECKS OF REGISTRATION AGENTS.--An organization required to register with the secretary of state pursuant to Section 1-4-49 NMSA 1978 shall conduct a background check of each person the organization compensates as a registration agent and shall not compensate a person to act as a registration agent if that person has been convicted of a felony."

     Section 3. A new section of the Election Code is enacted to read:

     "[NEW MATERIAL] THIRD PARTY REGISTRATION AGENTS--DISCLOSURE OF CERTAIN CONTRIBUTORS--PENALTY.--

          A. A nonprofit organization organized pursuant to state or federal law and that expends more than ten thousand dollars ($10,000) in a calendar year either to register or assist persons to register to vote shall:

                (1) report to the secretary of state the name of each organization that is required to file a schedule of contributors with the United States internal revenue service if that organization has donated more than five thousand dollars ($5,000) to the nonprofit organization in the previous twelve months; and

                (2) attach a copy of the forms or otherwise include in the report to the secretary of state a copy of the information that the donor organization is required to file with the United States internal revenue service for the most recent tax year.

          B. Reports required by Subsection A of this section shall be filed no later than thirty days after the cumulative expenditure for registering or assisting persons to register to vote reaches ten thousand dollars ($10,000) in a given calendar year.

          C. A nonprofit organization that fails to file the reports required by Subsection A of this section shall be liable for and shall pay to the secretary of state a civil penalty of fifty dollars ($50.00) per day for each regular working day after the time required for the filing of reports until the report is filed, up to a maximum of five thousand dollars ($5,000)."

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