0001| HOUSE BILL 711
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MIMI STEWART
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0005|
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0006|
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0007|
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0008| FOR THE ELECTION CODE RECODIFICATION COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO CAMPAIGN PRACTICES; PROHIBITING DEFAMATION OF
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0012| CANDIDATES DURING A POLITICAL CAMPAIGN; CREATING A CRIMINAL
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0013| OFFENSE; PRESCRIBING A PENALTY; REPEALING AND ENACTING SECTIONS
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0014| OF THE ELECTION CODE.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. A new section of the Election Code is enacted
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0018| to read:
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0019| "[NEW MATERIAL] DEFAMATION OF A CANDIDATE DURING A
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0020| POLITICAL CAMPAIGN--PENALTY.--
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0021| A. Defamation of a candidate during a political
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0022| campaign consists of a false statement made either knowingly or
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0023| with reckless disregard for the truth of that statement by any
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0024| person about a candidate during a political campaign, whether
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0025| the false statement is written or spoken.
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0001| B. Any person who commits defamation of a candidate
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0002| during a political campaign is guilty of a fourth degree felony
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0003| and shall be sentenced to up to eighteen months imprisonment
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0004| or, in the court's discretion, to a fine of no more than five
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0005| thousand dollars ($5,000), or both."
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0006| Section 2. REPEAL.--Sections 1-19-16 and 1-19-17 NMSA
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0007| 1978 (being Laws 1973, Chapter 401, Sections 1 and 2) are
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0008| repealed.
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0009| State of New Mexico
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0010| House of Representatives
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0011|
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0012| FORTY-THIRD LEGISLATURE
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0013| FIRST SESSION, 1997
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0014|
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0015|
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0016| February 20, 1997
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0017|
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0018|
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0019| Mr. Speaker:
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0020|
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0021| Your VOTERS AND ELECTIONS COMMITTEE, to whom has
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0022| been referred
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0023|
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0024| HOUSE BILL 711
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0025|
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0001| has had it under consideration and reports same with
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0002| recommendation that it DO PASS, amended as follows:
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0003|
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0004| 1. On page 1, line 13, strike "REPEALING AND ENACTING
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0005| SECTIONS" and insert "ENACTING A SECTION".
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0006|
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0007| 2. On page 1, line 22, after "statement" insert "of fact".
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0008|
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0009| 3. On page 1, line 22, strike "knowingly" and insert "with
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0010| knowledge of its falsity".
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0011|
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0012| 4. On page 2, line 5, strike the quotation mark.
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0013|
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0014| 5. On page 2, line 6, strike Section 2 in its entirety and
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0015| insert:
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0016|
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0017| "C. The remedies granted by this section are in
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0018| addition to other available civil or criminal remedies."".,
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0019|
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0020|
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0021|
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0022|
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0023| and thence referred to the JUDICIARY COMMITTEE.
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0024|
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0025| Respectfully submitted,
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0001|
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0002|
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0003|
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0004|
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0005|
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0006| Edward C. Sandoval, Chairman
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0007|
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0008|
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0009| Adopted Not Adopted
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0010|
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013| Date
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0014|
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0015| The roll call vote was 9 For 2 Against
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0016| Yes: 9
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0017| No: Bird, Lutz
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0018| Excused: Nicely
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0019| Absent: None
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0020|
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0021|
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0022| .117443.1
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0023| G:\BILLTEXT\BILLW_97\H0711 State of New Mexico
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0024| House of Representatives
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0025|
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0001| FORTY-THIRD LEGISLATURE
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0002| FIRST SESSION, 1997
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0003|
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0004|
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0005| March 15, 1997
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0006|
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0007|
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0008| Mr. Speaker:
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0009|
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0010| Your JUDICIARY COMMITTEE, to whom has been referred
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0011|
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0012| HOUSE BILL 711, as amended
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0013|
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0014| has had it under consideration and reports same with
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0015| recommendation that it DO NOT PASS, but that
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0016|
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0017| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE
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0018| BILL 711
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0019|
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0020| DO PASS.
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0021|
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0022| Respectfully submitted,
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0023|
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0024|
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0025|
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0001|
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0002|
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0003| Thomas P. Foy, Chairman
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0004|
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0005|
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0006| Adopted Not Adopted
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0007|
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0008| (Chief Clerk) (Chief Clerk)
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0009|
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0010| Date
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0011|
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0012| The roll call vote was 8 For 1 Against
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0013| Yes: 8
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0014| No: Alwin
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0015| Excused: King, Luna, Rios, Sanchez
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0016| Absent: None
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0017|
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0018| G:\BILLTEXT\BILLW_97\H0711 HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0019| HOUSE BILL 711
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0020| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0021| INTRODUCED BY
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0022|
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0023|
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0024|
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0025|
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0001|
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0002|
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0003| AN ACT
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0004| RELATING TO CAMPAIGN PRACTICES; AUTHORIZING THE INTERIM
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0005| LEGISLATIVE ETHICS COMMITTEE TO INVESTIGATE COMPLAINTS OF FALSE
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0006| STATEMENTS MADE BY CANDIDATES ABOUT THEIR OPPONENTS DURING
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0007| CAMPAIGN FOR LEGISLATIVE OFFICE.
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0008|
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0009| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0010| Section 1. Section 2-15-8 NMSA 1978 (being Laws 1993,
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0011| Chapter 46, Section 53) is amended to read:
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0012| "2-15-8. INTERIM LEGISLATIVE ETHICS COMMITTEE--DUTIES.--
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0013| The interim legislative ethics committee is authorized to:
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0014| A. issue advisory opinions on the interpretation
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0015| and enforcement of ethical principles as applied to the
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0016| legislature;
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0017| B. investigate complaints from another member of
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0018| the legislature or a member of the public alleging misconduct
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0019| of a legislator;
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0020| C. investigate complaints from a member of the
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0021| legislature or a member of the public alleging that a duly
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0022| qualified candidate for a state legislative office knowingly
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0023| made a false statement, whether verbally, in print, in a radio
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0024| or television broadcast or by any other means, about a duly
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0025| qualified opponent during a campaign for any legislative
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0001| office;
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0002| [C.] D. investigate referrals made to the co-
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0003| chairmen of the New Mexico legislative council from the
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0004| attorney general, the secretary of state or a district
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0005| attorney;
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0006| [D.] E. hire special counsel or independent
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0007| hearing officers as necessary; and
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0008| [E.] F. make recommendations to the respective
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0009| houses by the end of the first full week of the next convened
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0010| regular session regarding proposed sanctions for ethical
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0011| misconduct of legislators and candidates for the
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0012| legislature."
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0013| Section 2. Section 2-15-9 NMSA 1978 (being Laws 1993,
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0014| Chapter 46, Section 54) is amended to read:
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0015| "2-15-9. INTERIM LEGISLATIVE ETHICS COMMITTEE--
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0016| PROCEDURES--CONFIDENTIALITY.--
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0017| A. Except as provided in this section, the
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0018| New Mexico legislative council shall develop procedures to
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0019| carry out the provisions of this section, in accordance with
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0020| the existing procedures in the house and senate rules.
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0021| B. A member of the interim legislative ethics
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0022| committee [shall be] is ineligible to participate in any
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0023| matter relating directly to that member's conduct or to a
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0024| campaign for a legislative office in which that member is
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0025| participating. In any such case, a substitute member to the
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0001| committee shall be appointed from the same house from the same
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0002| political party by the appropriate appointing authority. A member
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0003| may seek to be disqualified from any matter brought before the
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0004| interim legislative ethics committee on the grounds that the
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0005| member cannot render a fair and impartial decision.
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0006| Disqualification must be approved by a majority vote of the
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0007| remaining members of the committee. In any such case, a
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0008| substitute member to the committee shall be appointed from the
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0009| same political party as provided in this section.
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0010| C. The interim legislative ethics committee is
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0011| authorized to issue advisory opinions on matters relating to
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0012| ethical conduct during the interim. Any question relating to the
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0013| interpretation and enforcement of ethical principles as applied to
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0014| the legislature may be submitted in writing to the New Mexico
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0015| legislative council by a legislator describing a real or
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0016| hypothetical situation and requesting an advisory opinion
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0017| establishing an appropriate standard of ethical conduct for that
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0018| situation. The question shall be referred to the [joint]
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0019| interim legislative ethics committee.
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0020| D. The interim legislative ethics committee is
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0021| authorized to investigate complaints from members of the
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0022| legislature or members of the public alleging that a legislator or
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0023| a duly qualified candidate for a state legislative office has made
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0024| one or more false statements about a duly qualified campaign
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0025| opponent.
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0001| [D.] E. To initiate any action during the interim
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0002| on alleged misconduct, any legislator or member of the public may
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0003| file a written, sworn complaint setting forth, with specificity,
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0004| the facts alleged to constitute unethical conduct. A complaint
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0005| shall be filed with the New Mexico legislative council. Upon
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0006| receipt of the complaint, the co-chairmen of the New Mexico
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0007| legislative council shall convene the interim legislative ethics
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0008| committee.
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0009| [E.] F. The interim legislative ethics committee
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0010| shall maintain rules of confidentiality unless the legislator
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0011| against whom a complaint is filed waives the rules or any part of
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0012| them in writing. The confidentiality rules shall include the
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0013| following provisions:
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0014| (1) the complainant, the committee and its staff
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0015| shall not publicly disclose any information relating to the filing
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0016| or investigation of a complaint, including the identity of the
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0017| complainant or respondent, until after a finding of probable cause
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0018| has been made that a violation has occurred;
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0019| (2) the identity of the complainant shall be
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0020| released to the respondent immediately upon request; and
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0021| (3) no member of the committee or its staff may
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0022| knowingly disclose any confidential information except as
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0023| authorized by the committee.
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0024| G. If the interim legislative ethics committee finds
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0025| that a legislator or duly qualified candidate has made a false
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0001| statement about a duly qualified campaign opponent, the committee
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0002| shall issue a written report of its finding and shall forward a
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0003| copy of the written report to the complainant. A separate copy of
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0004| the written report shall be made available for public inspection
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0005| in the office of the legislative council service."
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0006|
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