HOUSE BILL 605

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Mimi Stewart

AN ACT

RELATING TO ELECTIONS; PROVIDING FOR THE CREATION OF POLITICAL PARTY CAUCUS COMMITTEES; CREATING AN EXCEPTION TO CAMPAIGN CONTRIBUTION LIMITS.

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] HOUSE AND SENATE POLITICAL PARTY CAUCUS COMMITTEES--EXCEPTION TO CONTRIBUTION LIMITS.--

          A. A political party caucus of the state house of representatives may maintain one house political party caucus committee. A political party caucus of the state house of representatives shall not maintain more than one house political party caucus committee. A house political party caucus committee shall not be considered to be a person or a political committee for the purposes of Section 1-19-34.7 NMSA 1978 and, therefore, is exempt from the contribution limits imposed by that section. For all other purposes of the Campaign Reporting Act, a house political party caucus committee shall be considered to be a political committee.

          B. A political party caucus of the state senate may maintain one senate political party caucus committee. A political party caucus of the state senate shall not maintain more than one senate political party caucus committee. A senate political party caucus committee shall not be considered to be a person or a political committee for the purposes of Section 1-19-34.7 NMSA 1978 and, therefore, is exempt from the contribution limits imposed by that section. For all other purposes of the Campaign Reporting Act, a senate political party caucus committee shall be considered to be a political committee."

     SECTION 2. Section 1-19-34.7 NMSA 1978 (being Laws 2009, Chapter 68, Section 1) is amended to read:

     "1-19-34.7. CONTRIBUTION 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 a primary election or five thousand dollars ($5,000) during a 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 a primary election or five thousand dollars ($5,000) during a general election.

          B. All contributions made by a person to a candidate, 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, including a political committee, shall not knowingly accept or solicit a contribution, directly or indirectly, including a contribution earmarked or otherwise directed or coordinated through another person, including a political committee, that violates the contribution limits provided for in this section.

          D. On the day 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; and

                (3) "person" or "political committee" does not include political party caucus committees."

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