HOUSE BILL 92

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Al Park

AN ACT

RELATING TO GOVERNMENTAL CONDUCT; RESTRICTING THE USE OF FEDERAL, STATE AND LOCAL FUNDS FOR ADVERTISEMENTS OR PUBLIC SERVICE ANNOUNCEMENTS BY STATE OR LOCAL OFFICERS WHO ARE DECLARED CANDIDATES FOR FEDERAL, STATE OR LOCAL OFFICE.

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

     Section 1. A new section of the Governmental Conduct Act is enacted to read:

     "[NEW MATERIAL] LIMITS ON ADVERTISING AND PUBLIC SERVICE ANNOUNCEMENTS BY DECLARED CANDIDATES FOR OFFICE.--

          A. For purposes of this section, "declared candidate" means a person who has indicated an intention to run for federal, state or local office, either by actual public announcement, by the solicitation of contributions for the purpose of running for a federal, state or local office or by filing a declaration of intent with the appropriate official.

          B. During the year in which a general election is held, a state or local officer who is a declared candidate for a federal, state or local office that is on the ballot shall not use or permit the use of federal, state or local public funds for any advertisement or public service announcement in a newspaper, on radio, on television or on the internet that contains that declared candidate's name, picture, likeness or voice, except:

                (1) in case of a state or national emergency and only if the announcement is reasonably necessary to the officer's official function; or

                (2) the advertisement or public service announcement occurs after the day of the general election."

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