HOUSE BILL 794

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Kandy Cordova

AN ACT

RELATING TO ELECTIONS; AUTHORIZING THE ELECTRONIC AUTHENTICATION OF ELECTRONICALLY FILED CAMPAIGN REPORTS BY USE OF AN ELECTRONIC SIGNATURE.

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

     Section 1. Section 1-19-31 NMSA 1978 (being Laws 1979, Chapter 360, Section 7, as amended) is amended to read:

     "1-19-31. CONTENTS OF REPORT.--

          A. Each required report of expenditures and contributions shall be typed or printed legibly, or on a computer disc or format approved by the secretary of state, and shall include:

                (1) the name and address of the person or entity to whom an expenditure was made or from whom a contribution was received, except as provided for anonymous contributions or contributions received from special events as provided in Section 1-19-34 NMSA 1978; 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 unless that is the complete legal name;

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

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

                (4) the purpose of the expenditure; and

                (5) the date the expenditure was made or the contribution was received.

          B. The report of expenditures and contributions shall be subscribed and sworn to by the candidate or the treasurer of the political committee. If the report of expenditures and contributions is filed [in an] electronically [readable format], the report shall be [subscribed and sworn to in an independent affidavit signed] electronically authenticated by the candidate or the treasurer of the political committee [and delivered to the secretary of state within forty-eight hours after the report is electronically filed] using an electronic signature as prescribed by the secretary of state in conformance with the Electronic Authentication of Documents Act and the Uniform Electronic Transactions Act. For the purposes of the Campaign Reporting Act, a report that is electronically authenticated in accordance with the provisions of this subsection shall be deemed to have been subscribed and sworn to by the candidate or the treasurer of the political committee that was required to file the report.

          C. Each report shall contain an opening and closing cash balance for the bank account maintained by the reporting individual during the reporting period and the name of the financial institution.

          D. Each report shall specify the amount of each unpaid debt and the identity of the person to whom the debt is owed."

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