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AN ACT

RELATING TO ELECTIONS; AMENDING THE VOTER ACTION ACT TO

INCLUDE JUDGES ELECTED ON A STATEWIDE BASIS; PROVIDING FOR

FUNDING OF THE PUBLIC ELECTION FUND; MAKING AN APPROPRIATION;

RECONCILING CONFLICTING AMENDMENTS TO THE SAME SECTION OF LAW

BY REPEALING LAWS 1990, CHAPTER 6, SECTION 19.

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

Section 1. Section 1-19A-2 NMSA 1978 (being Laws 2003,

Chapter 14, Section 2) is amended to read:

"1-19A-2. DEFINITIONS.--As used in the Voter Action

Act:

A. "applicant candidate" means a candidate who is

running for a covered office and who is seeking to be a

certified candidate in a primary or general election;

B. "certified candidate" means a candidate running

for a covered office who chooses to obtain financing pursuant

to the Voter Action Act and is certified as a Voter Action Act

candidate;

C. "contested election" means an election in which

there are more candidates for a position than the number to be

elected to that position;

D. "covered office" means any office of the

judicial department subject to statewide elections and the

office of public regulation commissioner;

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E. "election cycle" means the primary and general

elections for the same term of the same covered office,

beginning on the day after the last general election for the

office and ending with the general election; the primary

election cycle begins on the first day of the election cycle

and ends on the day of the primary election; the general

election begins on the day after the primary election and ends

on the day of the general election;

F. "fund" means the public election fund;

G. "noncertified candidate" means either a

candidate running for a covered office who does not choose to

participate in the Voter Action Act and who is not seeking to

be a certified candidate or a candidate who files a

declaration of intent to participate but who fails to qualify;

H. "qualifying contribution" means a donation of

five dollars ($5.00) in the form of cash or a check or money

order payable to the fund in support of an applicant candidate

that is:

(1) made by a registered voter who is

eligible to vote for the covered office that the applicant

candidate is seeking;

(2) made during the designated qualifying

period and obtained through efforts made with the knowledge

and approval of the applicant candidate; and

(3) acknowledged by a receipt that

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identifies the contributor's name and residential address on

forms provided by the bureau of elections and that is signed

by the contributor, one copy of which is attached to the list

of contributors and sent to the bureau of elections;

I. "qualifying period" means:

(1) for major party applicant candidates for

covered offices, the period beginning October 1 immediately

preceding the election year and ending at 5:00 p.m. on the

third Tuesday of March of the election year; and

(2) for independent and minor party

candidates, the period beginning February 1 of the election

year and ending that year at 5:00 p.m. on the filing date for

independent or minor party candidates for the office for which

the candidate is running;

J. "secretary" means the secretary of state or the

office of the secretary of state; and

K. "seed money" means a contribution raised for

the primary purpose of enabling applicant candidates to

collect qualifying contributions and petition signatures."

Section 2. Section 1-19A-4 NMSA 1978 (being Laws 2003,

Chapter 14, Section 4) is amended to read:

"1-19A-4. QUALIFYING CONTRIBUTIONS.--

A. Applicant candidates shall obtain qualifying

contributions as follows:

(1) for all statewide judicial elective

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offices, the number of qualifying contributions equal to one-

tenth of one percent of the number of voters in the state; and

(2) for the office of public regulation

commissioner, the number of qualifying contributions equal to

one-tenth of one percent of the number of voters in the

district of the office for which the candidate is running.

B. Applicant candidates may accept qualifying

contributions from persons who become registered within the

statutory time frame that would enable that person to vote in

the primary election.

C. Voters registered as independent are not

excluded from making qualifying contributions but shall be

registered within the statutory time frame as independent.

D. No payment, gift or anything of value shall be

given in exchange for a qualifying contribution."

Section 3. Section 1-19A-5 NMSA 1978 (being Laws 2003,

Chapter 14, Section 5) is amended to read:

"1-19A-5. SEED MONEY.--

A. An applicant candidate may collect seed money

from individual donors and political action committees in

amounts of no more than one hundred dollars ($100) per donor

or committee. An applicant candidate may contribute an amount

of seed money from the applicant candidate's own funds up to

the limits specified in Subsection H of this section.

B. An applicant candidate may collect and spend

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seed money during the sixty days immediately preceding the

qualifying period and throughout the qualifying period.

C. An applicant candidate may not collect seed

money from a corporation, association or partnership formed

under state law or from labor organizations.

D. An applicant candidate may not collect or spend

seed money for any purpose after certification and before the

end of the election cycle for which the candidate was

certified, but after the election cycle may carry forward to

the next election cycle any unspent seed money to be used as

seed money.

E. If a certified candidate is defeated or is

elected and decides not to run again as an applicant

candidate, any unspent seed money shall be forfeited to the

fund.

F. After becoming an applicant candidate and prior

to certification, an applicant candidate shall not accept

contributions, except for seed money or qualifying

contributions.

G. An incumbent, other than a public regulation

commissioner, elected prior to 2008 who was not an applicant

candidate when elected but who files a declaration of intent

to become an applicant candidate in accordance with the Voter

Action Act may transfer from the applicant candidate's

campaign fund for use as seed money up to the limits for

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contributions and expenditures specified in Subsection H of

this section.

H. An applicant candidate shall limit seed money

contributions and expenditures to five thousand dollars

($5,000)."

Section 4. Section 1-19A-7 NMSA 1978 (being Laws 2003,

Chapter 14, Section 7) is amended to read:

"1-19A-7. GUIDELINES AND RESTRICTIONS FOR CONTRIBUTIONS

TO AND EXPENDITURES OF CERTIFIED CANDIDATES.--

A. All money distributed to a certified candidate

shall be used for that candidate's campaign-related purposes

in the election cycle in which the money was distributed.

B. A certified candidate shall return to the fund

any amount that is unspent or unencumbered at the time that

person ceases to be a candidate before a primary or general

election for which the fund money was distributed.

C. A certified candidate shall limit total

campaign expenditures and debts to the amount of money

distributed to that candidate from the fund. A certified

candidate shall not accept contributions or loans from any

other source except the certified candidate's political party,

as specified in Section 1-19A-8 NMSA 1978.

D. A certified candidate shall return to the

secretary, within thirty days after the primary election, any

amount that is unspent or unencumbered by the date of the

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primary election for direct deposit into the fund.

E. A certified candidate shall return to the

secretary, within thirty days after the general election, any

amount that is unspent or unencumbered by the date of the

general election for direct deposit into the fund."

Section 5. Section 1-19A-10 NMSA 1978 (being Laws 2003,

Chapter 14, Section 10) is amended to read:

"1-19A-10. PUBLIC ELECTION FUND--CREATION--USE.--

A. There is created in the state treasury the

"public election fund" solely for the purposes of:

(1) financing the election campaigns of

certified candidates for covered offices;

(2) paying administrative and enforcement

costs of the Voter Action Act; and

(3) carrying out all other specified

provisions of the Voter Action Act.

B. The state treasurer shall invest the funds as

other state funds are invested, and all income derived from

the fund shall be credited directly to the fund. Remaining

balances at the end of a fiscal year shall remain in the

election fund and not revert to the general fund.

C. Money received from the following sources shall

be deposited directly into the fund:

(1) qualifying contributions that have been

submitted to the secretary;

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(2) any recurring balance of unspent fund

money distributed to a certified candidate who does not remain

a candidate through the primary or general election period for

which the money was distributed;

(3) money that remains unspent or

unencumbered by a certified candidate following the date of

the primary election;

(4) money that remains unspent or

unencumbered by a certified candidate following the date of

the general election;

(5) unspent seed money that cannot be used

for any other purpose;

(6) money distributed to the fund from funds

received pursuant to the Uniform Unclaimed Property Act

(1995); and

(7) money appropriated by the legislature.

D. A subaccount shall be established in the fund,

and money in the subaccount shall only be used to pay the

costs of carrying out the provisions of the Voter Action Act

related to public regulation commission elections.

E. Three hundred thousand dollars ($300,000) per

year shall be collected and deposited in the subaccount for

public regulation commission elections as follows:

(1) one hundred thousand dollars ($100,000)

from inspection and supervision fees collected pursuant to

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Section 62-8-8 NMSA 1978;

(2) one hundred thousand dollars ($100,000)

from utility and carrier inspection fees collected pursuant to

Section 63-7-20 NMSA 1978; and

(3) one hundred thousand dollars ($100,000)

from the insurance premium tax collected pursuant to Section

59A-6-2 NMSA 1978."

Section 6. Section 1-19A-13 NMSA 1978 (being Laws 2003,

Chapter 14, Section 13) is amended to read:

"1-19A-13. AMOUNT OF FUND DISTRIBUTION.--

A. By August 1, 2007, the secretary shall

determine the amount of money to be distributed to each

certified candidate for the election cycle ending with the

general election in 2008, based on the type of election and

the provisions of Subsections B through F of this section.

B. For contested primary elections, the amount of

money to be distributed to a certified candidate is equal to

the following:

(1) for the office of public regulation

commissioner, twenty-five cents ($.25) for each voter of the

candidate's party in the district of the office for which the

candidate is running; and

(2) for the office of justice of the supreme

court and judge of the court of appeals, fifteen cents ($.15)

for each voter of the candidate's party in the state.

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C. For uncontested primary elections, the amount

of money to be distributed to a certified candidate is equal

to fifty percent of the amount specified in Subsection B of

this section.

D. For contested general elections, the amount of

money to be distributed to a certified candidate is equal to

the following:

(1) for the office of public regulation

commissioner, twenty-five cents ($.25) for each voter in the

district of the office for which the candidate is running; and

(2) for the office of justice of the supreme

court and judge of the court of appeals, fifteen cents ($.15)

for each voter in the state.

E. For uncontested general elections, except as

provided in Subsection I of this section, the amount of money

to be distributed to a certified candidate is equal to fifty

percent of the amount specified in Subsection D of this

section. If a general election race that is initially

uncontested later becomes contested because of the

qualification of an independent or minor party candidate to

appear on the ballot for that race, an additional amount of

money shall be distributed to the certified candidate to make

that candidate's total distribution amount equal to the amount

distributed pursuant to Subsection D of this section.

F. Once the certification for candidates for the

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primary election has been completed, the secretary shall

calculate the total amount of money to be distributed in the

primary election cycle, based on the number of certified

candidates and the allocations specified in this section. The

secretary shall increase the total amount by twenty percent to

provide funds for additional matching funds in the primary

election. The secretary shall also prepare an estimate of the

total amount of money that might be distributed in the general

election cycle. This estimate shall be increased by twenty

percent to provide funds for additional matching funds in the

general election. If the total amount to be distributed in

the primary election cycle, plus the added twenty percent and

the estimated total amount to be distributed in the general

election cycle, plus the added twenty percent, all taken

together, exceed the amount expected to be available in the

fund, the secretary shall allocate the amount available

between the primary and general election cycles. This

allocation shall be based on the ratio of the two total

amounts.

G. If the allocation specified in Subsection F of

this section is greater than the total amount available for

distribution, then the amounts to be distributed to individual

candidates, specified in Subsections B through E of this

section, shall each be reduced by the same percentage as the

reduction by which the total amount needed has been reduced

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relative to the total amount available.

H. At least every two years after January 1, 2007,

the secretary shall evaluate and modify as necessary the

dollar values originally determined by Subsections B through E

of this section and shall consider and account for inflation

in the evaluations.

I. No money shall be distributed to candidates in

judicial retention elections. No money shall be distributed

to judicial candidates in uncontested general elections,

provided that if a general election race that is initially

uncontested later becomes contested, the certified judicial

candidate shall receive a distribution in accordance with

Subsection D of this section."

Section 7. Section 1-19A-14 NMSA 1978 (being Laws 2003,

Chapter 14, Section 14) is amended to read:

"1-19A-14. MATCHING FUNDS.--When a certified or

noncertified candidate has one or more opponents who are

certified candidates and the candidate's campaign finance

report or group of reports shows that the sum of the

candidate's expenditures and obligations made, or funds raised

or borrowed, whichever is greater, alone or in conjunction

with expenditures made independently of the candidate to

influence the election on behalf of the candidate, exceeds the

amount distributed to an opposing certified candidate, the

secretary shall issue immediately to any opposing certified

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candidate an additional amount equivalent to the excess amount

reported by the opposing candidate. Total matching funds to a

certified candidate in an election are limited to twice the

amount originally distributed to that candidate pursuant to

Section 1-19A-13 NMSA 1978."

Section 8. A new section of the Tax Administration Act

is enacted to read:

"DISTRIBUTION--PUBLIC ELECTION FUND.--A distribution

pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the

public election fund from the amount deposited pursuant to the

provisions of Section 7-8A-13 NMSA 1978 in the amount of one

hundred thousand dollars ($100,000) per month during fiscal

year 2008 and subsequent fiscal years."

Section 9. Section 7-1-6.1 NMSA 1978 (being Laws 1983,

Chapter 211, Section 6, as amended by Laws 1990, Chapter 6,

Section 19 and by Laws 1990, Chapter 86, Section 3) is amended

to read:

"7-1-6.1. IDENTIFICATION OF MONEY IN TAX ADMINISTRATION

SUSPENSE FUND--DISTRIBUTION.--After the necessary

disbursements have been made from the tax administration

suspense fund, the money remaining, except for remittances

received within the previous sixty days that are unidentified

as to source or disposition, in the suspense fund as of the

last day of the month shall be identified by tax source and

distributed or transferred in accordance with the applicable

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provisions of the Tax Administration Act. After the necessary

distributions and transfers, any balance shall be distributed

to the general fund."

Section 10. Section 7-8A-13 NMSA 1978 (being Laws 1997,

Chapter 25, Section 13) is amended to read:

"7-8A-13. DEPOSIT OF FUNDS.--

A. Except as otherwise provided by this section,

the administrator shall promptly deposit in the tax

administration suspense fund for distribution pursuant to the

provisions of the Tax Administration Act all money received

under the Uniform Unclaimed Property Act (1995), including the

proceeds from the sale of abandoned property under Section

7-8A-12 NMSA 1978. The administrator shall retain in the

unclaimed property fund at least one hundred thousand dollars

($100,000) for the purposes of the Uniform Unclaimed Property

Act (1995), from which the administrator shall pay claims duly

allowed. The administrator shall record the name and last

known address of each person appearing from the holders'

reports to be entitled to the property and the name and last

known address of each insured person or annuitant and

beneficiary and with respect to each policy or annuity listed

in the report of an insurance company, its number, the name of

the company and the amount due.

B. Before making a deposit to the tax

administration suspense fund, the administrator may deduct:

(1) expenses of sale of abandoned property;

(2) costs of mailing and publication in

connection with abandoned property;

(3) reasonable service charges; and

(4) expenses incurred in examining records

of holders of property and in collecting the property from

those holders."

Section 11. REPEAL.--Laws 1990, Chapter 6, Section 19

is repealed.

Section 12. CONTINGENT EFFECTIVE DATE.--The provisions

of this act shall become effective upon certification by the

secretary of state that the constitution of New Mexico has

been amended no later than December 31, 2008 as proposed by a

joint resolution of the legislature that amends Article 6,

Section 33 of the constitution of New Mexico to abolish

nonpartisan retention elections for justices of the supreme

court and judges of the court of appeals and to require those

justices and judges to be elected to their positions in

partisan elections.

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