House Bill text for HB0808

HOUSE BILL 808

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Paul C. Bandy

AN ACT

RELATING TO TAX-EXEMPT ORGANIZATIONS; REQUIRING REGULAR REPORTING OF CERTAIN CONTRIBUTIONS AND ELECTIONEERING COMMUNICATIONS EXPENDITURES; PROVIDING FOR PENALTIES.

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] REPORTING REQUIREMENTS--ELECTIONEERING COMMUNICATION EXPENDITURES.--An entity granted an exemption from federal income tax by the United States commissioner of the internal revenue service pursuant to Section 501(c) of the federal Internal Revenue Code of 1986, as amended, and that engages in an electioneering communication during a primary or general election shall file a disclosure report for that election with the secretary of state as follows:

A. if the electioneering communication occurs during the primary election, the entity shall file a report of activity listing:

(1) all expenditures related to the electioneering communication, the purpose of the expenditure and the name and address of the person or entity to whom an expenditure was made;

(2) each donation, grant or allocation received by the entity in excess of two hundred fifty dollars ($250) and not previously reported, regardless of whether it is related to the electioneering communication;

(3) the name and address of the person or entity from whom the donation, grant or allocation was received; and

(4) the date the expenditure was made;

B. reports during a primary election shall be filed as follows:

(1) by 5:00 p.m. on the second Monday in May a report of activity occurring after the governor's proclamation of the election but before the first Monday in May;

(2) by 5:00 p.m. on the Thursday before the day of the primary election a report of activity occurring on or after the first Monday in May but before 5:00 p.m. on the Tuesday before the day of the primary election; and

(3) by 5:00 p.m. on the thirtieth day after the primary election a report of activity occurring after 5:00 p.m. on the Tuesday before the day of the primary election but before the day after the primary election and not previously reported;

C. if the electioneering communication occurs during the general election, the entity shall file a report of activity listing:

(1) all expenditures related to the electioneering communication, the purpose of the expenditure and the name and address of the person or entity to whom the expenditure was made;

(3) the name and address of the person or entity from whom the donation, grant or allocation was received; and

(4) the date the expenditure was made;

D. reports during a general election shall be filed as follows:

(1) by 5:00 p.m. on the second Monday in October a report of activity occurring after the primary election but before the first Monday in October;

(2) by 5:00 p.m. on the Thursday before the day of the general election a report of activity occurring on or after the first Monday in October but before 5:00 p.m. on the Tuesday before the day of the general election; and

(3) by 5:00 p.m. on the thirtieth day after the general election a report of activity occurring after 5:00 p.m. on the Tuesday before the day of the general election but before the day after the general election and not previously reported;

E. reports required by this section shall be filed electronically by all reporting entities;

F. reporting entities may apply to the secretary of state for exemption from electronic filing in case of hardship, which shall be defined by the secretary of state; and

G. for the purposes of this section:

(1) "general election" means the period beginning on the day after the primary election and ending on the day of the general election; and

(2) "primary election" means the period beginning on the day of the governor's proclamation of the election and ending on the day of the primary election."

Section 2. A new section of the Campaign Reporting Act is enacted to read:

"[NEW MATERIAL] REPORTS OF ACTIVITY--LATE FILING PENALTY--FAILURE TO FILE.--

A. If a report of activity required to be filed for electioneering communications contains false or incomplete information or is filed after any deadline imposed by the Campaign Reporting Act, the reporting entity, in addition to any other penalties or remedies prescribed by the Election Code, shall be liable for and shall pay to the secretary of state fifty dollars ($50.00) per day for each regular working day after the time required by the Campaign Reporting Act for the filing of reports of activity until the complete or true statement or report is filed, up to a maximum of five thousand dollars ($5,000).

B. If any reporting entity files a false, incomplete or late report of activity due on the Thursday prior to the election, the reporting entity shall be liable and pay to the secretary of state five hundred dollars ($500) for the first working day and fifty dollars ($50.00) for each subsequent working day after the time required for the filing of the report until the true and complete report is filed, up to a maximum of five thousand dollars ($5,000)."

Section 3. Section 1-19-26 NMSA 1978 (being Laws 1979, Chapter 360, Section 2, as amended) is amended to read:

"1-19-26. DEFINITIONS.--As used in the Campaign Reporting Act:

A. "advertising campaign" means an advertisement or series of advertisements used for a political purpose and disseminated to the public either in print, by radio or television broadcast or by any other electronic means, including telephonic communications, and may include direct or bulk mailings of printed materials;

B. "anonymous contribution" means a contribution the contributor of which is unknown to the candidate or [his] the candidate's agent or the political committee or its agent who accepts the contribution;

C. "bank account" means an account in a financial institution located in New Mexico;

D. "campaign committee" means two or more persons authorized by a candidate to raise, collect or expend contributions on the candidate's behalf for the purpose of electing [him] the candidate to office;

E. "candidate" means an individual who seeks or considers an office in an election covered by the Campaign Reporting Act, including a public official, who either has filed a declaration of candidacy or nominating petition or:

(1) for a non-statewide office, has received contributions or made expenditures of one thousand dollars ($1,000) or more or authorized another person or campaign committee to receive contributions or make expenditures of one thousand dollars ($1,000) or more for the purpose of seeking election to the office; or

(2) for a statewide office, has received contributions or made expenditures of two thousand five hundred dollars ($2,500) or more or authorized another person or campaign committee to receive contributions or make expenditures of two thousand five hundred dollars ($2,500) or more for the purpose of seeking election to the office or for candidacy exploration purposes in the years prior to the year of the election;

F. "contribution" means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made or received for a political purpose, including payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee;

G. "deliver" or "delivery" means to deliver by certified or registered mail, telecopier, electronic transmission or facsimile or by personal service;

H. "election" means any primary, general or statewide special election in New Mexico and includes county and judicial retention elections but excludes municipal, school board and special district elections;

I. "electioneering communication":

(1) means any radio, television, cable or satellite broadcast and any print advertisement, including direct or bulk mailings, that:

(a) refers to a clearly identified candidate for state office;

(b) is made during a primary or general election for the office sought by the candidate; and

(2) does not include a communication appearing in a news story, commentary or editorial distributed through the print media or the facilities of any broadcasting station, unless such print media or broadcasting station facilities are owned or controlled by any political party, political committee or candidate;

[I.] J. "election year" means an even-numbered year in which an election covered by the Campaign Reporting Act is held;

[J.] K. "expenditure" means a payment, transfer or distribution or obligation or promise to pay, transfer or distribute any money or other thing of value for a political purpose, including payment of a debt incurred in an election campaign or pre-primary convention, but does not include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee;

[K.] L. "person" means an individual or entity;

[L.] M. "political committee" means two or more persons, other than members of a candidate's immediate family or campaign committee or a husband and wife who make a contribution out of a joint account, who are selected, appointed, chosen, associated, organized or operated primarily for a political purpose; and "political committee" includes:

(1) political action committees or similar organizations composed of employees or members of any corporation, labor organization, trade or professional association or any other similar group that raises, collects, expends or contributes money or any other thing of value for a political purpose;

(2) a single individual [who by his] whose actions [represents] represent that [he] the individual is a political committee; and

(3) a person or an organization of two or more persons that within one calendar year expends funds in excess of five hundred dollars ($500) to conduct an advertising campaign for a political purpose;

[M.] N. "political purpose" means influencing or attempting to influence an election or pre-primary convention, including a constitutional amendment or other question submitted to the voters;

[N.] O. "prescribed form" means a form or electronic format prepared and prescribed by the secretary of state;

[O.] P. "proper filing officer" means either the secretary of state or the county clerk as provided in Section 1-19-27 NMSA 1978;

[P.] Q. "public official" means a person elected to an office in an election covered by the Campaign Reporting Act or a person appointed to an office that is subject to an election covered by that act;

[Q.] R. "reporting individual" means every public official, candidate or treasurer of a campaign committee and every treasurer of a political committee; and

[R.] S. "statement of exception" or "statement" means the prescribed form subscribed and sworn to by a candidate to indicate that the candidate does not intend to raise or expend the minimum amount required for the filing of a report of expenditures and contributions as provided in Section 1-19-33 NMSA 1978."

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