SENATE BILL 346

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Bernadette M. Sanchez

AN ACT

RELATING TO ELECTIONS; LIMITING CONTRIBUTIONS BY PERSONS AND POLITICAL COMMITTEES TO CANDIDATES AND POLITICAL COMMITTEES IN ELECTIONS COVERED BY THE CAMPAIGN REPORTING ACT.

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

     Section 1. A new section of the Campaign Reporting Act is enacted to read:

     "[NEW MATERIAL] CONTRIBUTIONS LIMITATIONS--CANDIDATES--POLITICAL COMMITTEES.--

          A. The following contributions shall not knowingly be made by the following persons, directly or indirectly, including a contribution earmarked or otherwise directed or coordinated through a third party:

               (1) from a person, including a political committee, to a:

                     (a) candidate for nonstatewide office, including the candidate's campaign committee, in an amount that will cause that person's aggregate amount of contributions to the candidate to exceed one thousand dollars ($1,000) during the primary election cycle or one thousand dollars ($1,000) during the general election cycle; or

                     (b) candidate for statewide office, including the candidate's campaign committee, on or after January 1, 2011, in an amount that will cause that person's aggregate amount of contributions to the candidate to exceed two thousand three hundred dollars ($2,300) during the primary election cycle or two thousand three hundred dollars ($2,300) during the general election cycle; and

                (2) from a person, including a political committee, to a political committee in an amount that will cause that person's aggregate amount of contributions to the political committee to exceed five thousand dollars ($5,000) in a calendar year.

          B. All contributions made by a person, either directly or indirectly, including contributions that are in any way earmarked or otherwise directed through an intermediary or conduit to a candidate, shall be treated as contributions from the person to that candidate.

          C. A person shall not knowingly accept or solicit a contribution, directly or indirectly, including a contribution earmarked or otherwise directed or coordinated through a third party, that violates the contribution limits provided for in this section.

          D. For the purposes of this section, contributions to a political committee established or controlled in whole or in part by a candidate or a public official shall be considered to be contributions to that candidate's or public official's campaign committee in the primary or general election cycle during which the contribution is received and shall count against the limits imposed by Paragraph (1) of Subsection A of this section.

          E. On January 1 after each general election, the contribution amounts provided in Subsection A of this section shall be increased by the percentage increase during the preceding two calendar years of the consumer price index for all urban consumers, United States city average for all items, published by the United States department of labor. The amount of the increase shall be rounded to the nearest multiple of one hundred dollars ($100). The secretary of state shall publish by October 1 before each general election the adjusted contribution limits that shall take effect the day after the following general election.

          F. The limitation on contributions to a candidate provided for in Subsection A of this section shall not apply to a candidate's own contribution from the candidate's personal funds to the candidate's own campaign.

          G. For the purposes of this section:

                (1) "primary election cycle" means the period beginning on the day after the general election for the applicable office and ending on the day of the primary for that office; and

                (2) "general election cycle" means the period beginning on the day after the primary for the applicable office and ending on the day of the general election for that office."

     Section 2. Section 1-19-34.3 NMSA 1978 (being Laws 1993, Chapter 46, Section 14, as amended) is amended to read:

     "1-19-34.3. CONTRIBUTIONS IN ONE NAME GIVEN FOR ANOTHER PROHIBITED.--It is unlawful for a person [or political committee to make, or a candidate or his agent to accept, a contribution that is reported as coming from one person or entity when the candidate or his agent knows that the contribution is actually from another person or entity that directed that the contribution not be publicly reported] 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."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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