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F I S C A L I M P A C T R E P O R T

SPONSOR Martínez

ORIGINAL DATE

LAST UPDATED

2/3/06

HB 379

SHORT TITLE Limit Cash Campaign Contributions

SB

ANALYST Medina

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to the Campaign Reporting Act

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General (AG)

SUMMARY

Synopsis of Bill

House Bill 379 amends the Campaign Reporting Act with language prohibiting persons from

making cash contributions and candidates and candidate’s campaign committees from receiving

contributions of more than one hundred dollars ($100) to a candidate or the candidate’s cam-

paign committee in an election cycle.

SIGNIFICANT ISSUES

The Attorney General’s Office contends that it may be difficult to track and investigate this pro-

posal. According to the AGO, Section 1-19-34C NMSA 1978 permits candidates to accept cash

contributions that are unidentifiable so long as the event raises (after expenses) no more than

$1,000. In New Mexico, lower ballot candidates often hold multiple raffles and contests to raise

funds (i.e. tickets paid in cash).

House Bill 379 – Page

2

ADMINISTRATIVE IMPLICATIONS

The Attorney General’s Office investigates referrals from the Secretary of State’s office on Cam-

paign Reporting Act matters. It may take extra resources to investigate an alleged cash transac-

tion.

CONFLICT

This bill conflicts with Senate Bill 367 amends Section 1-19-34D NMSA 1978: “A cash contri-

bution from a single source given in a twenty-four-hour period in excess of one hundred dollars

($100) may not be accepted.”

OTHER SUBSTANTIVE ISSUES

The Attorney General’s Office states: “The Legislature must make a policy decision in enacting

Campaign Report Act matters, either focus on: (a) disclosure or (b) limitation. This bill is a limi-

tation. The downside with every limitation proposal is that it may result in pushing the conduct

under the table.”

DXM/nt