HOUSE BILL 466

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Linda M. Trujillo

AN ACT

RELATING TO ELECTIONS; REQUIRING DISCLOSURE OF SPONSORS ON CERTAIN CAMPAIGN ADVERTISEMENTS IN SCHOOL DISTRICT ELECTIONS.

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

     SECTION 1. A new section of the School District Campaign Reporting Act is enacted to read:

     "[NEW MATERIAL] DISCLOSURE IN ADVERTISEMENTS.--

          A. A person who makes an expenditure in any school district election for an advertisement in an amount that exceeds five hundred dollars ($500), or in an amount that, when added to the aggregate amount of expenditures for advertisements made by the same person during the preceding twelve months, exceeds five hundred dollars ($500), shall ensure that the advertisement contains the name and address of the candidate, committee or other person who authorized and paid for the advertisement.

          B. The disclosure requirements of Subsection C of this section do not apply to the following:

                (1) bumper stickers, pins, buttons, pens and similar small items upon which the disclaimer cannot be conveniently printed; or

                (2) skywriting, water towers, wearing apparel or other means of displaying an advertisement of such a nature that the inclusion of a disclaimer would be impracticable.

          C. The disclosure 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 during the advertisement. If the advertisement is transmitted by audiovisual media, the statement shall be both written legibly and spoken clearly during the advertisement."

     SECTION 2. Section 1-22A-1 NMSA 1978 (being Laws 2013, Chapter 180, Section 1) is amended to read:

     "1-22A-1. SHORT TITLE.--[This act] Chapter 1, Article 22A NMSA 1978 may be cited as the "School District Campaign Reporting Act"."

     SECTION 3. Section 1-22A-2 NMSA 1978 (being Laws 2013, Chapter 180, Section 2) is amended to read:

     "1-22A-2. DEFINITIONS.--As used in the School District Campaign Reporting Act:

          A. "advertisement" means a communication referring to a candidate or ballot measure in a school 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, but "advertisement" does not include:

                (1) a communication by a membership organization or corporation to its current members, stockholders or executive or administrative personnel;

                (2) a communication appearing in a news story or editorial distributed through a print, broadcast, satellite, cable or electronic medium, unless the communication is paid for or the medium is controlled or owned by a candidate or campaign committee, or a political committee required to register pursuant to the provisions of the Campaign Reporting Act;

                (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;

          B. "ballot measure" means a question submitted to the voters in an election;

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

          [B.] D. "candidate" means a person who seeks or considers an office in an election covered by the School District Campaign Reporting Act and who either has filed a declaration of candidacy or has received contributions or made expenditures of five hundred dollars ($500) or more or authorized another person or campaign committee to receive contributions or make expenditures of five hundred dollars ($500) or more for the purpose of seeking election to a covered office;

          [C.] E. "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 "contribution" 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 campaign committee;

          [D.] F. "covered office" means the position of board of education member of a school district that has an enrollment of twelve thousand students or more or the position of board member of a community college organized or operating pursuant to the provisions of Chapter 21, Article 13 or Article 16 NMSA 1978;

          [E.] G. "election cycle" means the period beginning thirty days after an election for an office and ending on the thirtieth day following the subsequent election [day] for that office;

          [F.] H. "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;

          [G.] I. "political purpose" means advocating the election or defeat of a candidate or passage or defeat of a ballot measure in an election;

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

          [I.] K. "reporting individual" means a candidate or treasurer of a campaign committee."

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