HOUSE VOTERS AND ELECTIONS COMMITTEE SUBSTITUTE FOR
HOUSE BILLS 252 & 495
49th legislature - STATE OF NEW MEXICO - first session, 2009
AN ACT
RELATING TO ELECTIONS; LIMITING CONTRIBUTIONS BY PERSONS AND POLITICAL COMMITTEES TO CANDIDATES IN ELECTIONS COVERED BY THE CAMPAIGN REPORTING ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Campaign Reporting Act is enacted to read:
"[NEW MATERIAL] CONTRIBUTIONS LIMITATIONS--CANDIDATES--POLITICAL COMMITTEES.--
A. The following contributions by the following persons are prohibited:
(1) from a person, not including a political committee, to a:
(a) candidate for nonstatewide office, including the candidate's campaign committee, in an amount that will cause that person's total contributions to the candidate to exceed two thousand three hundred dollars ($2,300) during the primary election or two thousand three hundred dollars ($2,300) during the general election;
(b) candidate for statewide office, including the candidate's campaign committee, in an amount that will cause that person's total contributions to the candidate to exceed five thousand dollars ($5,000) during the primary election or five thousand dollars ($5,000) during the general election; or
(c) political committee in an amount that will cause that person's total contributions to the political committee to exceed five thousand dollars ($5,000) during the primary election or five thousand dollars ($5,000) during the general election; and
(2) from a political committee to:
(a) a candidate for office, including the candidate's campaign committee, in an amount that will cause the political committee's total contributions to the candidate to exceed five thousand dollars ($5,000) during the primary election or five thousand dollars ($5,000) during the general election; or
(b) another political committee in an amount that will cause that political committee's total contributions to the political committee to exceed five thousand dollars ($5,000) during the primary election or five thousand dollars ($5,000) during the general election. B. All contributions made by a person, either directly or indirectly, including contributions that are in any way earmarked or otherwise directed through another person to a candidate, shall be treated as contributions from the person to that candidate.
C. A person shall not knowingly accept or solicit a contribution, directly or indirectly, including a contribution earmarked or otherwise directed or coordinated through another person, that violates the contribution limits provided for in this section.
D. On January 1 after each general election, the contribution amounts provided in Subsection A of this section shall be increased by the percentage of the preceding two calendar year's increase of the consumer price index for all urban consumers, United States city average for all items, published by the United States department of labor. The amount of the increase shall be rounded to the nearest multiple of one hundred dollars ($100). The secretary of state shall publish by October 1 before each general election the adjusted contribution limits that shall take effect the day after the following general election.
E. All contributions in excess of the limits imposed by the provisions of this section shall be deposited in the public election fund upon a finding by the secretary of state that the contribution limits have been exceeded.
F. The limitation on contributions to a candidate provided for in Subsection A of this section shall not apply to a candidate's own contribution from the candidate's personal funds to the candidate's own campaign.
G. For the purposes of this section:
(1) "primary election" means the period beginning on the day after the general election for the applicable office and ending on the day of the primary for that office; and
(2) "general election" means the period beginning on the day after the primary for the applicable office and ending on the day of the general election for that office."
Section 2. Section 1-19-34.3 NMSA 1978 (being Laws 1993, Chapter 46, Section 14, as amended) is amended to read:
"1-19-34.3. CONTRIBUTIONS IN ONE NAME GIVEN FOR ANOTHER PROHIBITED.--It is unlawful for a person [or political committee to make, or a candidate or his agent to accept, a contribution that is reported as coming from one person or entity when the candidate or his agent knows that the contribution is actually from another person or entity that directed that the contribution not be publicly reported] to make a contribution in the name of another person, and no person shall knowingly accept a contribution made by one person in the name of another person."
Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.
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