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AN ACT
RELATING TO ELECTIONS; REMOVING PROVISIONS REQUIRING
ELECTRONIC FILING OF CAMPAIGN REPORTS; DECLARING AN
EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 1-19-29 NMSA 1978 (being Laws 1993,
Chapter 46, Section 5, as amended) is amended to read:
"1-19-29. TIME AND PLACE OF FILING REPORTS.--
A. Annually, all reporting individuals shall file
with the proper filing officer by 5:00 p.m. on the second
Monday in May a report of all expenditures made and
contributions received on or before the first Monday in May
and not previously reported. The report shall be filed
annually until the reporting individual's bank account has
been closed and the other provisions specified in Subsection
E of this section have been satisfied.
B. In an election year, in addition to the May
report provided for in Subsection A of this section, all
reporting individuals, except for persons who file a
statement of exception pursuant to Section 1-19-33 NMSA 1978
and except for public officials who are not candidates in an
election that year, shall file reports of all expenditures
made and contributions received according to the following
schedule:
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(1) by 5:00 p.m. on the second Monday in
October, a report of all expenditures made and contributions
received on or before the first Monday in October and not
previously reported;
(2) by 5:00 p.m. on the Thursday before a
primary, general or statewide special election, a report of
all expenditures made and contributions received by 5:00 p.m.
on the Tuesday before the election. Any contribution or
pledge to contribute that is received after 5:00 p.m. on the
Tuesday before the election and that is for five hundred
dollars ($500) or more in a legislative or non-statewide
judicial election, or two thousand five hundred dollars
($2,500) or more in a statewide election, shall be reported
to the proper filing officer either in a supplemental report
on a prescribed form within twenty-four hours of receipt or
in the report to be filed by 5:00 p.m. on the Thursday before
a primary, general or statewide special election, except that
any such contribution or pledge to contribute that is
received after 5:00 p.m. on the Friday before the election
may be reported by 12:00 noon on the Monday before the
election; and
(3) by 5:00 p.m. on the thirtieth day after
a primary, general or statewide special election, a report of
all expenditures made and contributions received on or before
the twenty-fifth day after the election and not previously
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reported.
C. Notwithstanding the other provisions of this
section, the report due on the thirtieth day after an
election need be the only report filed after the annual May
report if the candidate is not opposed in the election and if
the report includes all expenditures made and contributions
received for that election and not previously reported.
D. A report of expenditures and contributions
filed after a deadline set forth in this section shall not be
deemed to have been timely filed.
E. Each reporting individual shall file a report
of expenditures and contributions annually pursuant to the
filing schedule set forth in this section, regardless of
whether any expenditures were made or contributions were
received during the reporting period. Reports shall be
required until the reporting individual delivers a report to
the proper filing officer stating that:
(1) there are no outstanding campaign debts;
(2) all money has been expended in
accordance with the provisions of Section 1-19-29.1 NMSA
1978; and
(3) the bank account has been closed.
F. Each treasurer of a political committee shall
file a report of expenditures and contributions annually
pursuant to the filing schedule set forth in this section
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until the treasurer files a report that affirms that the
committee has dissolved or no longer exists and that its bank
account has been closed.
G. A reporting individual who is a candidate
within the meaning of the Campaign Reporting Act because of
the amount of contributions the candidate receives or
expenditures the candidate makes and who does not ultimately
file a declaration of candidacy or a nominating petition with
the proper filing officer shall nevertheless file a report,
not later than the second Monday in May for a primary
election or the second Monday in October for a general
election, of all contributions received and expenditures made
on or before the first Monday in May for a primary election
or the first Monday in October for a general election and not
previously reported.
H. Reports required by this section shall be filed
electronically, in person or by facsimile by all reporting
individuals.
I. The secretary of state shall convert campaign
reports that are filed on paper into the electronic format
used by the secretary of state's on-line searchable campaign
report database and post those campaign reports on the
secretary of state's web site within two weeks, along with
the campaign reports that have been electronically filed."
Section 2. EMERGENCY.--It is necessary for the public
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peace, health and safety that this act take effect
immediately.