0001| HOUSE BILL 1233
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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| DELORES C. WRIGHT
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO CAMPAIGNS; PROHIBITING CERTAIN CAMPAIGN
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0012| CONTRIBUTIONS; PROHIBITING CAMPAIGN MAILINGS WITHIN TEN DAYS OF
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0013| THE DATE OF THE ELECTION; AMENDING REPORTING REQUIREMENTS.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 1-19-26 NMSA 1978 (being Laws 1979,
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0017| Chapter 360, Section 2, as amended) is amended to read:
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0018| "1-19-26. DEFINITIONS.--As used in the Campaign Reporting
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0019| Act:
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0020| A. "anonymous contribution" means a contribution
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0021| the contributor of which is unknown to the candidate or his
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0022| agent or the political committee or its agent who accepts the
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0023| contribution;
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0024| B. "bank account" means an account in a financial
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0025| institution located in New Mexico;
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0001| C. "campaign committee" means two or more persons
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0002| authorized by a candidate to raise, collect or expend
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0003| contributions on the candidate's behalf for the purpose of
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0004| electing him to office;
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0005| D. "candidate" means an individual who seeks or
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0006| considers an office in an election covered by the Campaign
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0007| Reporting Act, including a public official, who either has
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0008| filed a declaration of candidacy or nominating petition or:
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0009| (1) for a non-statewide office, has received
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0010| contributions or made expenditures of one thousand dollars
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0011| ($1,000) or more or authorized another person or campaign
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0012| committee to receive contributions or make expenditures of one
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0013| thousand dollars ($1,000) or more for the purpose of seeking
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0014| election to the office; or
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0015| (2) for a statewide office, has received
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0016| contributions or made expenditures of two thousand five hundred
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0017| dollars ($2,500) or more or authorized another person or
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0018| campaign committee to receive contributions or make
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0019| expenditures of two thousand five hundred dollars ($2,500) or
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0020| more for the purpose of seeking election to the office or for
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0021| candidacy exploration purposes in the years prior to the year
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0022| of the election;
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0023| E. "contribution" means a gift, subscription, loan,
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0024| advance or deposit of any money or other thing of value,
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0025| including the estimated value of an in-kind contribution, that
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0001| is made or received for a political purpose, including payment
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0002| of a debt incurred in an election campaign, but does not
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0003| include the value of services provided without compensation or
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0004| unreimbursed travel or other personal expenses of individuals
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0005| who volunteer a portion or all of their time on behalf of a
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0006| candidate or political committee, nor does it include the
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0007| administrative or solicitation expenses of a political
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0008| committee that are paid by an organization that sponsors the
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0009| committee;
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0010| F. "deliver" or "delivery" means by certified or
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0011| registered mail, by telecopier, electronic mail or facsimile or
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0012| by personal service;
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0013| G. "election" means any primary, general or
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0014| statewide special election in New Mexico and includes county
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0015| and judicial retention elections but excludes municipal, school
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0016| board and special district elections;
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0017| H. "election year" means an even-numbered year in
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0018| which an election covered by the Campaign Reporting Act is
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0019| held;
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0020| I. "expenditure" means a payment, transfer or
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0021| distribution or obligation or promise to pay, transfer or
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0022| distribute any money or other thing of value for a political
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0023| purpose, including payment of a debt incurred in an election
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0024| campaign or pre-primary convention, but does not include the
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0025| administrative or solicitation expenses of a political
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0001| committee that are paid by an organization that sponsors the
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0002| committee;
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0003| J. "foreign source" means a person who is not a
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0004| resident of the United States or a corporation or business
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0005| entity not doing business in the United States;
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0006| [J.] K. "person" means an individual or entity;
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0007| [K.] L. "political committee" means two or more
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0008| persons, other than members of a candidate's immediate family
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0009| or campaign committee or a husband and wife who make a
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0010| contribution out of a joint account, who are selected,
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0011| appointed, chosen, associated, organized or operated primarily
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0012| for a political purpose and includes political action
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0013| committees or similar organizations composed of employees or
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0014| members of any corporation, labor organization, trade or
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0015| professional association or any other similar group that
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0016| raises, collects, expends or contributes money or any other
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0017| thing of value for a political purpose; provided that a
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0018| political committee includes a single individual who by his
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0019| actions represents that he is a political committee;
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0020| [L.] M. "political purpose" means influencing
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0021| or attempting to influence an election or pre-primary
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0022| convention, including a constitutional amendment or other
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0023| question submitted to the voters;
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0024| [M.] N. "prescribed form" means a form prepared
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0025| and prescribed by the secretary of state;
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0001| [N.] O. "proper filing officer" means either
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0002| the secretary of state or the county clerk as provided in
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0003| Section 1-19-27 NMSA 1978;
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0004| [O.] P. "public official" means a person
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0005| elected to an office in an election covered by the Campaign
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0006| Reporting Act or a person appointed to an office that is
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0007| subject to an election covered by that act;
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0008| [P.] Q. "reporting individual" means every
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0009| public official, candidate or treasurer of a campaign committee
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0010| and every treasurer of a political committee; and
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0011| [Q.] R. "statement of exception" or "statement"
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0012| means the prescribed form subscribed and sworn to by a
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0013| candidate to indicate that the candidate does not intend to
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0014| raise or expend the minimum amount required for the filing of a
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0015| report of expenditures and contributions as provided in Section
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0016| 1-19-33 NMSA 1978."
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0017| Section 2. Section 1-19-29 NMSA 1978 (being Laws 1993,
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0018| Chapter 46, Section 5, as amended) is amended to read:
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0019| "1-19-29. TIME AND PLACE OF FILING REPORTS.--
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0020| A. Annually, all reporting individuals shall file
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0021| with the proper filing officer by 5:00 p.m. on the second
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0022| Monday in May a report of all expenditures made and
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0023| contributions received on or before the first Monday in May and
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0024| not previously reported. The report shall be filed annually
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0025| until the reporting individual's bank account has been closed
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0001| and the other provisions specified in Subsection E of this
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0002| section have been satisfied.
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0003| B. In an election year, in addition to the May
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0004| report provided for in Subsection A of this section, all
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0005| reporting individuals, except for persons who file a statement
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0006| of exception pursuant to Section 1-19-33 NMSA 1978 and except
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0007| for public officials who are not candidates in an election that
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0008| year, shall file reports of all expenditures made and
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0009| contributions received according to the following schedule:
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0010| (1) by 5:00 p.m. on the second Monday in
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0011| October, a report of all expenditures made and contributions
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0012| received on or before the first Monday in October and not
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0013| previously reported;
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0014| (2) by 12:00 noon on the Friday before a
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0015| primary, general or statewide special election, a report of all
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0016| expenditures made [and contributions received] by 5:00 p.m.
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0017| on the Tuesday before the election [Any contribution or
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pledge to contribute that is received after 5:00 p.m. on the
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Tuesday before the election and that is for five hundred
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dollars ($500) or more in a non-statewide election, or two
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thousand five hundred dollars ($2,500) or more in a statewide
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election, shall be reported to the proper filing officer in a
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supplemental report on a prescribed form within twenty-four
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hours of receipt, except that any such contribution or pledge
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to contribute that is received after 5:00 p.m. on the Friday
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before the election may be reported by 12:00 noon on the Monday
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before the election] and all contributions received by 5:00
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0003| p.m. on the tenth day before the election; and
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0004| (3) by 5:00 p.m. on the thirtieth day after a
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0005| primary, general or statewide special election, a report of all
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0006| expenditures made and contributions received on or before the
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0007| twenty-fifth day after the election and not previously
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0008| reported.
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0009| C. Notwithstanding the other provisions of this
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0010| section, the report due on the thirtieth day after an election
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0011| need be the only report filed after the annual May report if
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0012| the candidate is not opposed in the election and if the report
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0013| includes all expenditures made and contributions received for
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0014| that election and not previously reported.
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0015| D. A report of expenditures and contributions filed
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0016| after a deadline set forth in this section shall not be deemed
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0017| to have been timely filed.
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0018| E. Each reporting individual shall file a report of
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0019| expenditures and contributions annually pursuant to the filing
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0020| schedule set forth in this section until the reporting
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0021| individual delivers a report to the proper filing officer
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0022| stating that:
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0023| (1) there are no outstanding campaign debts;
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0024| (2) all money has been expended in accordance
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0025| with the provisions of Section 1-19-29.1 NMSA 1978; and
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0001| (3) the bank account has been closed.
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0002| F. Each treasurer of a political committee shall
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0003| file a report of expenditures and contributions annually
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0004| pursuant to the filing schedule set forth in this section until
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0005| the treasurer files a report that affirms that the committee
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0006| has dissolved or no longer exists and that its bank account has
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0007| been closed.
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0008| G. A reporting individual who is a candidate within
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0009| the meaning of the Campaign Reporting Act because of the amount
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0010| of contributions he receives or expenditures he makes and who
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0011| does not ultimately file a declaration of candidacy or a
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0012| nominating petition with the proper filing officer shall
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0013| nevertheless file a report, not later than the second Monday in
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0014| May for a primary election or the second Monday in October for
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0015| a general election, of all contributions received and
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0016| expenditures made on or before the first Monday in May for a
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0017| primary election or the first Monday in October for a general
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0018| election, and not previously reported."
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0019| Section 3. A new section of the Campaign Reporting Act is
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0020| enacted to read:
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0021| "[NEW MATERIAL] FOREIGN SOURCE CAMPAIGN CONTRIBUTIONS--
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0022| PROHIBITIONS.--No foreign source may make contributions to a
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0023| candidate or his campaign committee with respect to an election
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0024| for an office covered by the Campaign Reporting Act or to a
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0025| political party to be distributed to a candidate or his
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0001| campaign committee with respect to an election for an office
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0002| covered by the Campaign Reporting Act."
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0003| Section 4. A new section of the Campaign Reporting act is
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0004| enacted to read:
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0005| "[NEW MATERIAL] CAMPAIGN CONTRIBUTIONS--PROHIBITED
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0006| DURING TEN-DAY PERIOD PRIOR TO ELECTION.--No candidate or
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0007| campaign committee shall accept any contribution during the ten
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0008| days immediately preceding a primary, general or statewide
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0009| special election."
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0010| Section 5. A new section of the Campaign Reporting act is
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0011| enacted to read:
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0012| "[NEW MATERIAL] CAMPAIGN LITERATURE--PROHIBITIONS ON
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0013| MAILINGS.--No candidate or campaign committee shall mail any
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0014| campaign literature, circular, letter or similar written
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0015| material, either by direct or bulk mailing, during the ten-day
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0016| period immediately preceding a primary, general or special
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0017| election."
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0018| Section 6. Section 1-19-31 NMSA 1978 (being Laws 1979,
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0019| Chapter 360, Section 7, as amended) is amended to read:
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0020| "1-19-31. CONTENTS OF REPORT.--
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0021| A. Each required report of expenditures and
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0022| contributions shall be typed or printed legibly, or on a
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0023| computer disc or format approved by the secretary of state, and
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0024| shall include:
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0025| (1) the name and address of the person or
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0001| entity to whom an expenditure was made or from whom a
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0002| contribution was received, except as provided for anonymous
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0003| contributions or contributions received from special events as
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0004| provided in Section 1-19-34 NMSA 1978; provided that for
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0005| contributors, the name of the entity or the first and last
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0006| names of any individual shall be the full name of the entity or
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0007| individual, and initials only shall not constitute a full name
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0008| unless that is the complete legal name;
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0009| (2) the occupation or type of business of any
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0010| person or entity making contributions of [two hundred fifty
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dollars ($250)] one hundred dollars ($100) or more in the
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0012| aggregate per election;
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0013| (3) the amount of the expenditure or
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0014| contribution or value thereof;
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0015| (4) the purpose of the expenditure; and
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0016| (5) the date the expenditure was made or the
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0017| contribution was received.
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0018| B. The report of expenditures and contributions
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0019| shall be subscribed and sworn to by the candidate or the
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0020| treasurer of the political committee. If the report of
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0021| expenditures and contributions is filed in an electronically
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0022| readable format, the report shall be subscribed and sworn to in
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0023| an independent affidavit signed by the candidate or the
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0024| treasurer of the political committee and delivered to the
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0025| secretary of state within forty-eight hours after the report is
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0001| electronically filed.
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0002| C. Each report shall contain an opening and closing
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0003| cash balance for the bank account maintained by the reporting
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0004| individual during the reporting period and the name of the
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0005| financial institution.
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0006| D. Each report shall specify the amount of each
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0007| unpaid debt and the identity of the person to whom the debt is
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0008| owed."
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0009| Section 7. Section 1-19-35 NMSA 1978 (being Laws 1979,
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0010| Chapter 360, Section 11, as amended) is amended to read:
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0011| "1-19-35. REPORTS AND STATEMENTS--LATE FILING PENALTY--
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0012| FAILURE TO FILE.--
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0013| A. Except for the report required to be filed and
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0014| delivered the Friday prior to the election [and any
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supplemental report, as required in Paragraph (2) of Subsection
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B of Section 1-19-29 NMSA 1978, that is due prior to the
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election], and subject to the provisions of Section 1-19-34.4
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0018| NMSA 1978, if a statement of exception or a report of
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0019| expenditures and contributions contains false or incomplete
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0020| information or is filed after any deadline imposed by the
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0021| Campaign Reporting Act, the responsible reporting individual or
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0022| political committee, in addition to any other penalties or
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0023| remedies prescribed by the Election Code, shall be liable for
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0024| and shall pay to the secretary of state fifty dollars ($50.00)
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0025| per day for each regular working day after the time required by
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0001| the Campaign Reporting Act for the filing of statements of
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0002| exception or reports of expenditures and contributions until
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0003| the complete or true statement or report is filed, up to a
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0004| maximum of five thousand dollars ($5,000).
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0005| B. If any reporting individual files a false,
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0006| incomplete or late report of expenditures and contributions due
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0007| on the Friday prior to the election, the reporting individual
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0008| or political committee shall be liable and pay to the secretary
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0009| of state five hundred dollars ($500) for the first working day
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0010| and fifty dollars ($50.00) for each subsequent working day
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0011| after the time required for the filing of the report until the
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0012| true and complete report is filed, up to a maximum of five
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0013| thousand dollars ($5,000).
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0014| [C. If a reporting individual fails to file or
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files a late supplemental report of expenditures and
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contributions as required in Paragraph (2) of Subsection B of
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Section 1-19-29 NMSA 1978, the reporting individual or
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political committee shall be liable for and pay to the
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secretary of state a penalty equal to the amount of each
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contribution received or pledged after the Tuesday before the
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election that was not timely filed.
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D.] C. All sums collected for the penalty shall
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0023| be deposited in the state general fund. A report or statement
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0024| of exception shall be deemed timely filed only if it is
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0025| received by the proper filing officer by the date and time
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0001| prescribed by law.
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0002| [E.] D. Any candidate who fails or refuses to
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0003| file a report of expenditures and contributions or statement of
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0004| exception or to pay a penalty imposed by the secretary of state
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0005| as required by the Campaign Reporting Act shall not, in
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0006| addition to any other penalties provided by law:
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0007| (1) have his name printed upon the ballot if
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0008| the violation occurs before and through the final date for the
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0009| withdrawal of candidates; or
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0010| (2) be issued a certificate of nomination or
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0011| election, if the violation occurs after the final date for
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0012| withdrawal of candidates or after the election, until the
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0013| candidate satisfies all reporting requirements of the Campaign
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0014| Reporting Act and pays all penalties owed.
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0015| [F.] E. Any candidate who loses an election and
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0016| who failed or refused to file a report of expenditures and
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0017| contributions or a statement of exception or to pay a penalty
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0018| imposed by the secretary of state as required by the Campaign
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0019| Reporting Act shall not be, in addition to any other penalties
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0020| provided by law, permitted to file a declaration of candidacy
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0021| or nominating petition for any future election until the
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0022| candidate satisfies all reporting requirements of the Campaign
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0023| Reporting Act and pays all penalties owed."
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0024|
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