SB0018

SENATE BILL 18

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Peter Wirth

AN ACT

RELATING TO CAMPAIGN FINANCE; REQUIRING REPORTING OF INDEPENDENT EXPENDITURES; REDEFINING "POLITICAL COMMITTEE"; DEFINING "ADVERTISEMENT", "BALLOT MEASURE", "CAMPAIGN EXPENDITURE", "COORDINATED EXPENDITURE", "INDEPENDENT EXPENDITURE", "INDEPENDENT EXPENDITURE COMMITTEE" AND OTHER TERMS; ADJUSTING CONTRIBUTION AND EXPENDITURE REPORTING REQUIREMENTS AND LIMITS; CHANGING PENALTIES; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2009; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; PROVIDING 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] INDEPENDENT EXPENDITURES--REPORTING REQUIREMENTS.--

A. A person who makes an independent expenditure not otherwise required to be reported under the Campaign Reporting Act in an amount that exceeds eight hundred dollars ($800), or in an amount that, when added to the aggregate amount of the independent expenditures made by the same person during the preceding twelve months, exceeds eight hundred dollars ($800), shall file a report with the secretary of state within:

(1) three days after making an independent expenditure of less than five thousand dollars ($5,000); or

(2) twenty-four hours after making an independent expenditure of five thousand dollars ($5,000) or more.

B. The report required by Subsection A of this section shall state:

(1) the name and address of the person who made the expenditure;

(2) the name and address of the person to whom the independent expenditure was made and the amount, date and purpose of the expenditure; if no reasonable estimate of the monetary value of a particular expenditure is practicable, it is sufficient to report instead a description of the services, property or rights furnished through the expenditure; and

(3) the name and address of, and the amount of each contribution not previously reported for, each contributor who contributed more than two hundred dollars ($200) in the aggregate during the twelve months preceding the expenditure that were:

(a) earmarked by the contributor to be used to make independent expenditures; or

(b) made in response to a solicitation that requests contributions to fund independent expenditures.

C. For an independent expenditure of more than three thousand dollars ($3,000), or an independent expenditure in an amount that, when added to the aggregate amount of the independent expenditures made by the same person during the preceding twelve months, exceeds three thousand dollars ($3,000), the report required by Subsection A of this section shall also state:

(1) if the expenditure was made from a segregated bank account that consists only of funds contributed to the account by individuals for the purpose of making independent expenditures, the name and address of, and the amount of each contribution not previously reported for, each contributor who contributed more than two hundred dollars ($200) in the aggregate to the account during the twelve months preceding the report; or

(2) if the expenditure was made from funds other than those described in Paragraph (1) of this subsection, the name and address of, and amount of each contribution not previously reported for, each contributor who contributed more than five thousand dollars ($5,000) in the aggregate to the person who made the expenditure during the twelve months preceding the report.

D. Independent expenditures shall be reported electronically using software provided or approved by the secretary of state. The secretary of state may make exceptions on a case-by-case basis for a person who lacks the technological ability to file reports using the electronic means provided or approved by the secretary of state.

E. Failure of any person to report electronically pursuant to this section is a violation of the Campaign Reporting Act."

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

"[NEW MATERIAL] DISCLAIMERS IN ADVERTISEMENTS.--

A. A person who makes a campaign expenditure, a coordinated expenditure or an independent expenditure for an advertisement in an amount that exceeds three thousand dollars ($3,000), or in an amount that, when added to the aggregate amount of the campaign expenditures, coordinated expenditures and independent expenditures for advertisements made by the same person during the preceding twelve months, exceeds three thousand dollars ($3,000), shall ensure that the advertisement contains:

(1) the name of the candidate who authorized the advertisement or whose campaign committee authorized the advertisement; or

(2) if the advertisement is not authorized by any candidate or campaign committee, the name and the phone number or web address of the person who authorized and paid for the advertisement.

B. The disclaimer statements required by Subsection A of this section shall be set forth legibly on any advertisement that is disseminated or displayed by visual media. If the advertisement is transmitted by audio media, the statement shall be clearly spoken at the end of the advertisement. If the advertisement is transmitted by audiovisual media, the statement shall be both written legibly and spoken clearly at the end of the advertisement."

SECTION 3. Section 1-19-26 NMSA 1978 (being Laws 1979, Chapter 360, Section 2, as amended by Laws 2009, Chapter 67, Section 1 and by Laws 2009, Chapter 68, Section 2) 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;]

A. "advertisement" means a communication referring to a candidate, ballot measure or election that is published, disseminated, distributed or displayed to the public by print, broadcast, satellite, cable or electronic media, including recorded phone messages, or by printed materials, including mailers, handbills, signs and billboards, and that can reasonably be expected to be seen or heard by at least five hundred persons; but "advertisement" does not include:

(1) a communication by a membership organization or corporation to its current members, stockholders or executive or administrative personnel unless the membership organization or corporation is a campaign committee, a political committee or an independent expenditure committee;

(2) a communication appearing in a news story or editorial distributed through a print, broadcast, satellite, cable or electronic medium, unless the communication is sponsored or paid for, or the medium controlled or owned, by a candidate, campaign committee, political committee or independent expenditure committee;

(3) a candidate debate or forum or a communication announcing a candidate debate or forum paid for on behalf of the debate or forum sponsor; provided that two or more candidates for the same position have been invited to participate; or

(4) nonpartisan voter guides allowed by the federal Internal Revenue Code of 1986 for Section 501(c)(3) organizations or nonpartisan get-out-the-vote materials;

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

C. "ballot measure" means a constitutional amendment or other question submitted to the voters in an election;

[C.] D. "bank account" means an account in a financial institution [located in New Mexico] chartered and regulated by the United States or a state of the United States;

[D.] E. "campaign committee" means an association of two or more persons, [authorized by a candidate] or an entity, whose primary purpose is to raise, collect [or] and expend contributions on [the candidate's] behalf of and with the authorization of the candidate for the purpose of electing the candidate to office;

F. "campaign expenditure" means an expenditure that is made by a campaign committee or by a candidate or public official in support of the candidate's or public official's campaign in an election;

[E.] G. "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 and has not subsequently filed a statement of withdrawal or:

(1) for a non-statewide office, has received contributions or made expenditures of more than one thousand dollars ($1,000) [or more] or authorized another person or campaign committee to receive contributions or make expenditures of more than 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 more than two thousand five hundred dollars ($2,500) [or more] or authorized another person or campaign committee to receive contributions or make expenditures of more than 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.] H. "contribution":

(1) 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 "contribution"]:

(a) made to a candidate to be used in the candidate's campaign for election to an office covered by the Campaign Reporting Act;

(b) made to a campaign committee, political committee or independent expenditure committee or person who becomes such a committee within the succeeding twelve months;

(d) made in response to a solicitation that refers to independent expenditures and requests contributions to fund independent expenditures;

(e) deposited in a segregated bank account established pursuant to Paragraph (1) of Subsection C of Section 1 of this 2014 act for the purpose of making independent expenditures; or

(f) donated to a person who makes independent expenditures of more than three thousand dollars ($3,000) in the aggregate and has chosen not to establish a segregated bank account pursuant to Paragraph (1) of Subsection C of Section 1 of this 2014 act;

(2) includes a coordinated expenditure; and

(3) 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, independent expenditure committee or political committee, nor does it include the administrative or solicitation expenses of a political or independent expenditure committee that are paid by an organization that sponsors the committee;

I. "coordinated expenditure":

(1) means an expenditure that is made:

(a) by a person other than a candidate or campaign committee;

(b) at the direction or request of, or in cooperation, consultation or concert with, a candidate, campaign committee or political committee other than the person making the expenditure, or any agent or representative of a candidate, campaign committee or political committee other than the person making the expenditure; and

(c) in order to pay for an advertisement that: 1) expressly advocates the election or defeat of a clearly identified candidate; 2) is susceptible to no other reasonable interpretation than as an appeal to vote for or against a clearly identified candidate; or 3) refers to a clearly identified candidate, can reasonably be expected to be seen or heard by at least five hundred persons eligible to vote for the candidate and is published or disseminated within thirty days before the primary election or sixty days before the general election at which the candidate is on the ballot; and

(2) is a contribution from the person who made the expenditure to the candidate, campaign committee or political committee by whom or by whose agent or representative the expenditure was directed or requested or in cooperation, consultation or concert with whom or with whose agent or representative the expenditure was made;

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

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

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

[J.] M. "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 or independent expenditure committee that are paid by an organization that sponsors the committee;

N. "independent expenditure" means an expenditure that is:

(1) made by a person other than a candidate or campaign committee;

(2) not a coordinated expenditure as defined in the Campaign Reporting Act; and

(3) made to pay for an advertisement that:

(a) expressly advocates the election or defeat of a clearly identified candidate or the passage or defeat of a clearly identified ballot measure;

(b) is susceptible to no other reasonable interpretation than as an appeal to vote for or against a clearly identified candidate or ballot measure; or

(c) refers to a clearly identified candidate or ballot measure, can reasonably be expected to be seen or heard by at least five hundred persons eligible to vote for the candidate or ballot measure and is published or disseminated within thirty days before the primary election or sixty days before the general election at which the candidate or ballot measure is on the ballot;

O. "independent expenditure committee" means an association of two or more persons, or an entity, whose primary purpose is to make independent expenditures and that has expended more than three thousand dollars ($3,000) for that purpose within a twelve-month period;

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

[L.] Q. "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 parties, 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 whose actions represent that 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. "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]:

(1) a qualified political party; or

(2) an association of two or more persons, or an entity, whose primary purpose is to make contributions to candidates, campaign committees or political committees or make coordinated expenditures or any combination thereof;

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

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

P.] T. "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; and

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

SECTION 4. Section 1-19-26.1 NMSA 1978 (being Laws 1993, Chapter 46, Section 2, as amended) is amended to read:

"1-19-26.1. POLITICAL COMMITTEES AND INDEPENDENT EXPENDITURE COMMITTEES--REGISTRATION--DISCLOSURES.--

A. It is unlawful for [any] a political committee [that receives, contributes or expends in excess of five hundred dollars ($500) in any calendar year] or an independent expenditure committee to continue to receive or make [any] a contribution or make a coordinated or independent expenditure [for a political purpose unless that political committee appoints and maintains a treasurer and registers with the secretary of state] if that committee fails to meet the requirements of Subsections B through D of this section.

B. A political committee shall [register] appoint and maintain a treasurer and file a statement of organization with the secretary of state within [ten] three days of receiving, contributing or expending in excess of five hundred dollars ($500) by paying a filing fee of fifty dollars ($50.00) and filing a statement of organization.

C. An independent expenditure committee shall appoint and maintain a treasurer and file a statement of organization with the secretary of state within three days of making independent expenditures of more than three thousand dollars ($3,000) within a twelve-month period, or within twenty-four hours of making independent expenditures of more than five thousand dollars ($5,000) within a twelve-month period, whichever is earlier.

D. A statement of organization required by Subsection B or C of this section shall be made under oath on a prescribed form showing:

(1) the full name of the [political] committee, which shall fairly and accurately reflect the identity of the committee [including any sponsoring organization] and its address;

(2) a statement of the purpose for which the [political] committee was organized;

[(3) the name, address and relationship of any connected or associated organization or entity;

(4)] (3) the names and addresses of the officers of the committee; and

[(5)] (4) an identification of [the] any bank account used by the committee [for all expenditures or] to receive or make contributions [made or received] or make coordinated or independent expenditures.

[C.] E. The provisions of this section do not apply to a political committee that is located in another state and is registered with the federal election commission if the political committee reports on federal reporting forms filed with the federal election commission all expenditures for and contributions made to reporting individuals in New Mexico and files with the secretary of state, according to the schedule required for the filing of forms with the federal election commission, a copy of either the full report or the cover sheet and the portions of the federal reporting forms that contain the information on expenditures for and contributions made to reporting individuals in New Mexico."

SECTION 5. Section 1-19-27 NMSA 1978 (being Laws 1979, Chapter 360, Section 3, as amended) is amended to read:

"1-19-27. REPORTS REQUIRED--[PROPER FILING OFFICER] ELECTRONIC REPORTING SYSTEM.--

[A. Except for those candidates and public officials who file a statement of no activity, all reporting individuals shall file with the proper filing officer a report of expenditures and contributions on a prescribed form.

B. The proper filing officer for filing reports of expenditures and contributions by a political committee is the secretary of state.

C. The proper filing officer for filing reports of expenditures and contributions or statements of no activity is the secretary of state for all candidates and public officials.]

A. All reporting individuals shall file with the secretary of state the reports of expenditures and contributions and statements of no activity when required by the Campaign Reporting Act on forms prescribed by the secretary of state.

[D.] B. The secretary of state shall develop or contract for services to develop an electronic reporting system for receiving and for public inspection of reports of expenditures and contributions and statements of no activity to the Campaign Reporting Act. The electronic reporting system shall:

(1) enable a person to file reports online by filling out forms on the secretary of state's web site; and

(2) provide for encrypted transmissions."

SECTION 6. Section 1-19-29 NMSA 1978 (being Laws 1993, Chapter 46, Section 5, as amended) is amended to read:

"1-19-29. TIME AND PLACE OF FILING REPORTS.--

A. Except as otherwise provided in this section, all reporting individuals shall file with the proper filing officer by [5:00 p.m.] midnight on the second Monday in April and October a report of all [expenditures made and] contributions and expenditures required to be reported pursuant to Section 1-19-31 NMSA 1978 that were made or received on or before the first Monday in those months and not previously reported. The report shall be filed biannually until the [reporting individual's bank account has been closed and the other] provisions specified in Subsection F, G or H of this section have been satisfied.

B. In an election year, instead of the biannual reports provided for in Subsection A of this section, all reporting individuals, except for public officials who are not candidates in an election that year, shall file reports of all [expenditures made and] contributions [received] and expenditures required to be reported pursuant to Section 1-19-31 NMSA 1978 or, if applicable, statements of no activity, according to the following schedule:

(1) by [5:00 p.m.] midnight on the second Monday in April, a report of all such expenditures made and contributions made or received on or before the first Monday in April and not previously reported;

(2) by [5:00 p.m.] midnight on the second Monday in May, a report of all such expenditures made and contributions made or received on or before the first Monday in May and not previously reported;

(3) by [5:00 p.m.] midnight on the second Monday in September, a report of all such expenditures made and contributions made or received on or before the first Monday in September and not previously reported;

(4) by [5:00 p.m.] midnight on the second Monday in October, a report of all such expenditures made and contributions made or received on or before the first Monday in October and not previously reported;

(5) by [5:00 p.m.] midnight on the Thursday before a primary or general [or statewide special] election, a report of all such expenditures made and contributions received by 5:00 p.m. on the Tuesday before the election and not previously reported. Any such contribution or pledge to contribute that is made or received after 5:00 p.m. on the Tuesday before the election and that is for more than five hundred dollars ($500) [or more] in a legislative or non-statewide judicial election, or more than two thousand five hundred dollars ($2,500) [or more] in a statewide election, shall be reported to the proper filing officer either in a supplemental report on a prescribed form within twenty-four hours of receipt or in the report to be filed by [5:00 p.m.] midnight on the Thursday before a primary or general [or statewide special] election, except that any such contribution or pledge to contribute that is received after 5:00 p.m. on the Friday before the election may be reported by 12:00 noon on the Monday before the election; [and]

(6) by the earlier of midnight on the Thursday

before a primary or general election, or within twenty-four hours of the independent expenditure, a report of each independent expenditure made after 5:00 p.m. on the Tuesday before the election that is for more than five hundred dollars ($500) in a legislative or non-statewide judicial election or more than two thousand five hundred dollars ($2,500) in a statewide election. Such expenditures shall be reported to the proper filing officer either in a supplemental report on a prescribed form within twenty-four hours of being made or in the report to be filed by midnight on the Thursday before a primary or general election, except that any such expenditure that is made after 5:00 p.m. on the Friday before the election may be reported by 12:00 noon on the Monday before the election;

[(6)] (7) by [5:00 p.m.] midnight on the thirtieth day after a primary [general or statewide special] election, a report by all reporting individuals, except those individuals that become candidates after the primary election, of all such expenditures made and contributions made or received on or before the twenty-fifth day after the primary election and not previously reported; and

(8) by midnight on the thirtieth day after a general election, a report of all such expenditures made and contributions made or received on or before the twenty-fifth day after the general election and not previously reported.

C. If a candidate, political committee, campaign committee or public official has not received any contributions and has not made any expenditures since the candidate's, committee's or official's last report was filed with the proper filing officer, the candidate, committee or official shall only be required to file a statement of no activity, which shall not be required to be notarized, in lieu of a full report when that report would otherwise be due and shall not be required to file a full report until the next required filing date occurring after an expenditure is made or a contribution is received.

D. In an election year, a public official who is not a candidate shall file biannual reports of expenditures made and contributions received or statements of no activity in accordance with the schedule provided for in Subsection A of this section.

E. A report of expenditures and contributions filed after a deadline set forth in this section shall not be deemed to have been timely filed.

F. Except for candidates, political committees, campaign committees and public officials who file a statement of no activity, each reporting individual for a candidate, political committee, campaign committee or public official shall file a report of expenditures and contributions pursuant to the filing schedules set forth in this section, regardless of whether any expenditures were made or contributions were received during the reporting period. Reports shall be required until the reporting individual delivers a report to the proper filing officer stating that:

(1) there are no outstanding campaign debts;

(2) all money has been expended in accordance with the provisions of Section 1-19-29.1 NMSA 1978; and

(3) the bank account has been closed.

G. Each treasurer of a political committee shall file a report of expenditures and contributions pursuant to the filing schedules set forth in this section until the treasurer files a report that affirms that the committee has dissolved or no longer exists and that its bank account has been closed.

H. An independent expenditure committee that has not made any contributions or independent expenditures for a continuous period of at least one year may thereupon cancel its registration as an independent expenditure committee by submitting an appropriate request in writing to the proper filing officer. The committee shall retain the obligation to submit a new statement of organization under Section 1-19-26.1 NMSA 1978 in the event that its future activities should meet the requisites for filing a statement of organization under that section.

[H.] I. A reporting individual who is a candidate within the meaning of the Campaign Reporting Act because of the amount of contributions the candidate receives or expenditures the candidate makes and who does not ultimately file a declaration of candidacy or a nominating petition with the proper filing officer and does not file a statement of no activity shall file biannual reports in accordance with Subsection A of this section.

[I.] J. Reports required by this section shall be subscribed and sworn to by the candidate or the treasurer of the political committee or independent expenditure committee or, in the case of candidates for judicial office, by the treasurer of the candidate's campaign committee. A report filed electronically shall be electronically authenticated by the candidate or the treasurer of the [political] committee using an electronic signature in conformance with the Electronic Authentication of Documents Act and the Uniform Electronic Transactions Act. For the purposes of the Campaign Reporting Act, a report that is electronically authenticated in accordance with the provisions of this subsection shall be deemed to have been subscribed and sworn to by the candidate or the treasurer of the [political] committee who was required to file the report.

[J.] K. Reports required by this section shall be filed electronically by all reporting individuals.

[K.] L. Reporting individuals 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."

SECTION 7. Section 1-19-31 NMSA 1978 (being Laws 1979, Chapter 360, Section 7, as amended) is amended to read:

"1-19-31. CONTENTS OF REPORT.--[A.] Each required report of expenditures and contributions shall be typed or printed legibly, or on a computer disc or format approved by the secretary of state, and shall include:

[(1)] A. the name and address of the person or entity to whom [an] a contribution or a campaign, coordinated or independent expenditure was made or from whom a contribution was received during the previous twelve months and not previously reported, except as provided for anonymous contributions or contributions received from special events as provided in Section 1-19-34 NMSA 1978; provided that for contributors, the name of the entity or the first and last names of any individual shall be the full name of the entity or individual, and initials only shall not constitute a full name unless that is the complete legal name;

[(2)] B. the occupation [or], name and type of business, as applicable, of any person or entity making contributions of two hundred fifty dollars ($250) or more in the aggregate per election;

[(3)] C. the amount of the campaign, coordinated or independent expenditure or contribution or value thereof;

[(4)] D. the purpose of the campaign, coordinated or independent expenditure; [and

(5)] E. the date that the campaign, coordinated or independent expenditure was made or the contribution was made or received;

F. for independent expenditure committees, the name of each identifiable candidate or ballot measure that is referred to in an advertisement sponsored by the committee and whether:

(1) the candidate or ballot measure is supported or opposed in the advertisement; or

(2) the advertisement takes or does not take a position on the candidate or ballot measure; and

G. for political committees, campaign committees, candidates and public officials that have not closed their campaign accounts, in addition to the information required by Subsections A through E of this section, the:

(1) amount, purpose and date of all campaign account disbursements, except for disbursements made from a petty cash fund of one hundred dollars ($100) or less;

(2) person to whom each disbursement was made;

[B. Each report shall contain an]

(3) opening and closing cash balance for the [bank] campaign account maintained by the reporting individual during the reporting period and the name of the financial institution; and

[C. Each report shall specify the]

(4) amount of each unpaid campaign debt and the identity of the person to whom the debt is owed."

SECTION 8. Section 1-19-34 NMSA 1978 (being Laws 1979, Chapter 360, Section 10, as amended) is amended to read:

"1-19-34. CANDIDATES--POLITICAL, CAMPAIGN OR INDEPENDENT EXPENDITURE COMMITTEES–TREASURER–BANK ACCOUNT–ANONYMOUS CONTRIBUTIONS–CONTRIBUTIONS FROM SPECIAL EVENTS.--

A. [It is unlawful for the members of any] A political, campaign or independent expenditure committee or any candidate [to make any expenditure or solicit or accept any contribution for a political purpose unless] shall ensure that:

(1) a treasurer has been appointed and is constantly maintained; provided, however, that when a duly appointed treasurer is unable for any reason to continue as treasurer, the candidate or [political] committee shall appoint a successor; and provided further that a candidate may serve as the candidate's own treasurer;

(2) all [disbursements of money and] receipts of contributions and all contributions and campaign, coordinated or independent expenditures are authorized by and through the candidate or treasurer;

(3) a [separate] bank account has been established and all receipts of money contributions are deposited in and all contributions and campaign, coordinated or independent expenditures [of money are deposited in and] are disbursed from [the] one or more bank [account] accounts maintained by the treasurer in the name of the candidate or [political] committee [provided that nothing in this section shall prohibit investments from the bank account to earn interest as long as the investments and earnings are fully reported]. All [disbursements] campaign, coordinated or independent expenditures except for [disbursements] expenditures made from a petty cash fund of one hundred dollars ($100) or less shall be made in a form such that the date, amount and payee of the transaction are automatically recorded or by check made payable to the person or entity receiving the disbursement and not to "cash" or "bearer"; and

(4) in the case of the campaign account of a candidate, public official, political committee or campaign committee, a separate bank account is established into which all contributions are deposited and the treasurer, upon disbursing or receiving money or other things of value, immediately enters and thereafter keeps a proper record preserved by the treasurer, including a full, true and itemized statement and account of each sum disbursed or received, the date of such disbursal or receipt, to whom disbursed or from whom received and the object or purpose for which it was disbursed or received.

B. An independent expenditure committee shall not

make contributions to candidates, campaign committees or political committees or make coordinated expenditures.

[B.] C. No anonymous contributions may be accepted [in excess of] for more than one hundred dollars ($100). The aggregate amount of anonymous contributions received by a reporting individual during a primary or general election or a statewide special election shall not [exceed] be more than two thousand dollars ($2,000) for statewide races and five hundred dollars ($500) for all other races.

[C.] D. Cash contributions received at special events that are unidentifiable as to specific contributor but identifiable as to the special event are not subject to the anonymous contribution limits provided for in this section so long as no single special event raises, after expenses, more than [one thousand dollars ($1,000)] five thousand dollars ($5,000) in such cash contributions. For those contributions, due diligence and best efforts shall be made to disclose on a special prescribed form the sponsor, date, place, total amount received, expenses incurred, estimated number of persons in attendance and other identifiable factors that describe the special event. For purposes of this subsection, "special event" includes an event such as a barbecue or similar fundraiser where tickets costing [fifteen dollars ($15.00)] twenty-five dollars ($25.00) or less are sold or an event such as a coffee, tea or similar reception; provided that no person shall contribute more than twenty-five dollars ($25.00) in cash at a special event.

[D.] E. Any contributions received pursuant to this section in excess of the limits established in Subsections [B and] C and D of this section shall be donated to the state general fund or an organization to which a federal income tax deduction would be available under Subparagraph (A) of Paragraph (1) of Subsection (b) of Section 170 of the Internal Revenue Code of 1986, as amended."

SECTION 9. Section 1-19-34.1 NMSA 1978 (being Laws 1993, Chapter 46, Section 12, as amended) is amended to read:

"1-19-34.1. LEGISLATIVE SESSION--FUNDRAISING

PROHIBITION.--

A. It is unlawful during the prohibited period for a state legislator or a candidate for state legislator, or any agent on behalf of either, to knowingly solicit a contribution [for a political purpose]. For purposes of this subsection, "prohibited period" means that period beginning January 1 prior to any regular session of the legislature or, in the case of a special session, after the proclamation has been issued, and ending on adjournment of the regular or special session.

B. It is unlawful during the prohibited period for the governor, or any agent on [his] the governor's behalf, to knowingly solicit a contribution [for a political purpose]. For purposes of this subsection, "prohibited period" means that period beginning January 1 prior to any regular session of the legislature or, in the case of a special session, after the proclamation has been issued, and ending on the twentieth day following the adjournment of the regular or special session."

SECTION 10. Section 1-19-34.6 NMSA 1978 (being Laws 1995, Chapter 153, Section 19) is amended to read:

"1-19-34.6. CIVIL PENALTIES.--

A. If the secretary of state reasonably believes that a person committed, or is about to commit, a violation of the Campaign Reporting Act, the secretary of state shall refer the matter to the attorney general or a district attorney for enforcement.

B. With or without a referral from the secretary of state, the attorney general or district attorney may institute a civil action in district court for any violation of the Campaign Reporting Act or to prevent a violation of that act that involves an unlawful solicitation or the making or acceptance of an unlawful contribution. An action for relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including a civil penalty of [two hundred fifty dollars ($250)] up to one thousand dollars ($1,000) for each violation not to exceed [five thousand dollars ($5,000)] a total of twenty thousand dollars ($20,000), and forfeiture of any contribution received as a result of an unlawful solicitation or unlawful contribution. Each unlawful solicitation and each unlawful contribution made or accepted shall be deemed a separate violation of the Campaign Reporting Act.

C. With or without a referral from the secretary of state, the attorney general or district attorney may institute a civil action in district court if a violation has occurred or to prevent a violation of any provision of the Campaign Reporting Act other than that specified in Subsection B of this section. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of [fifty dollars ($50.00)] up to one thousand dollars ($1,000) for each violation not to exceed [five thousand dollars ($5,000)] a total of twenty thousand dollars ($20,000)."

SECTION 11. 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 non-statewide 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] a primary election cycle or two thousand three hundred dollars ($2,300) during [the] a general election cycle;

(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] a primary election cycle or five thousand dollars ($5,000) during [the] a general election cycle; 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 cycle or five thousand dollars ($5,000) during a general election cycle; 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] a primary election cycle or five thousand dollars ($5,000) during [the] a general election cycle; 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 cycle or five thousand dollars ($5,000) during a general election cycle.

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 years' 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 12. Section 1-19-36 NMSA 1978 (being Laws 1979, Chapter 360, Section 12, as amended) is amended to read:

"1-19-36. PENALTIES [CRIMINAL ENFORCEMENT].--

A. Any person who knowingly and willfully violates any provision of the Campaign Reporting Act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.

B. The Campaign Reporting Act may be enforced by the attorney general or the district attorney in the county where the candidate resides, where a political committee or independent expenditure committee has its principal place of business or where the violation occurred."

SECTION 13. REPEAL.--Sections 1-19-16 and 1-19-17 NMSA 1978 (being Laws 1973, Chapter 401, Sections 1 and 2) are repealed.

SECTION 14. EFFECTIVE DATE.--The effective date of the provisions of this act is November 5, 2014.

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