HOUSE BILL 428

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Matthew McQueen and Patricio Ruiloba

AN ACT

RELATING TO PUBLIC FINANCING OF ELECTIONS; INCLUDING CANDIDATES FOR THE SECRETARY OF STATE IN THE VOTER ACTION ACT; AMENDING SECTIONS OF THE VOTER ACTION ACT; MAKING AN APPROPRIATION.

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

     SECTION 1. Section 1-19A-1 NMSA 1978 (being Laws 2003, Chapter 14, Section 1) is amended to read:

     "1-19A-1. SHORT TITLE.--[Sections 1 through 17 of this act] Chapter 1, Article 19A NMSA 1978 may be cited as the "Voter Action Act"."

     SECTION 2. Section 1-19A-2 NMSA 1978 (being Laws 2003, Chapter 14, Section 2, as amended) is amended to read:

     "1-19A-2. DEFINITIONS.--As used in the Voter Action Act:

          A. "applicant candidate" means a candidate who is running for a covered office and who is seeking to be a certified candidate in a primary or general election;

          B. "certified candidate" means a candidate running for a covered office who chooses to obtain financing pursuant to the Voter Action Act and is certified as a Voter Action Act candidate;

          C. "contested election" means an election in which there are more candidates for a position than the number to be elected to that position;

          D. "covered office" means any office of the judicial department subject to statewide elections, the office of secretary of state and the office of public regulation commissioner;

          E. "election cycle" means the primary and general elections for the same term of the same covered office, beginning on the day after the last general election for the office and ending with the general election. The primary election cycle begins on the first day of the election cycle and ends on the day of the primary election. The general election begins on the day after the primary election and ends on the day of the general election;

          F. "fund" means the public election fund;

          G. "noncertified candidate" means either a candidate running for a covered office who does not choose to participate in the Voter Action Act and who is not seeking to be a certified candidate or a candidate who files a declaration of intent to participate but who fails to qualify;

          H. "qualifying contribution" means a donation of five dollars ($5.00) in the form of cash or a check or money order payable to the fund in support of an applicant candidate that is:

                (1) made by a [registered] voter who is eligible to vote for the covered office that the applicant candidate is seeking;

                (2) made during the designated qualifying period and obtained through efforts made with the knowledge and approval of the applicant candidate; and

                (3) acknowledged by a receipt that identifies the contributor's name and residential address on forms provided by the bureau of elections and that is signed by the contributor, one copy of which is attached to the list of contributors and sent to the bureau of elections;

          I. "qualifying period" means: 

                (1) for major party applicant candidates for covered offices, the period beginning October 1 immediately preceding the election year and ending at 5:00 p.m. on the third Tuesday of March of the election year; and

                (2) for independent and minor party candidates, the period beginning February 1 of the election year and ending that year at 5:00 p.m. on the filing date for independent or minor party candidates for the office for which the candidate is running;

          J. "secretary" means the secretary of state or the office of the secretary of state; and

          K. "seed money" means a contribution raised for the primary purpose of enabling applicant candidates to collect qualifying contributions and petition signatures."

     SECTION 3. Section 1-19A-4 NMSA 1978 (being Laws 2003, Chapter 14, Section 4, as amended) is amended to read:

     "1-19A-4. QUALIFYING CONTRIBUTIONS.--

          A. Applicant candidates shall obtain qualifying contributions as follows:

                (1) for all statewide judicial elective offices, the number of qualifying contributions equal to one-tenth [of one] percent of the number of voters in the state; [and]

                (2) for the office of public regulation commissioner, the number of qualifying contributions equal to one-tenth [of one] percent of the number of voters in the district of the office for which the candidate is running; and

                (3) for the office of secretary of state, the number of qualifying contributions equal to one-tenth percent of the number of voters in the state.

          B. Applicant candidates may accept qualifying contributions from persons who become registered within the statutory time frame that would enable that person to vote in the primary election.

          C. Voters registered as independent are not excluded from making qualifying contributions but shall be registered within the statutory time frame as independent.

          D. No payment, gift or anything of value shall be given in exchange for a qualifying contribution."

     SECTION 4. Section 1-19A-13 NMSA 1978 (being Laws 2003, Chapter 14, Section 13, as amended) is amended to read:

     "1-19A-13. AMOUNT OF FUND DISTRIBUTION.--

          A. By [August 1, 2007] September 1 of each odd- numbered year, the secretary shall determine the amount of money to be distributed to each certified candidate for the election cycle ending with the next general election [in 2008], based on the type of election and the provisions of Subsections B through F of this section.

          B. For contested primary elections, the amount of money to be distributed to a certified candidate is equal to the following:

                (1) for the office of public regulation commissioner, twenty-five cents ($.25) for each voter of the candidate's party in the district of the office for which the candidate is running; and

                (2) for the office of secretary of state, justice of the supreme court and judge of the court of appeals, fifteen cents ($.15) for each voter of the candidate's party in the state.

          C. For uncontested primary elections, the amount of money to be distributed to a certified candidate is equal to fifty percent of the amount specified in Subsection B of this section.

          D. For contested general elections, the amount of money to be distributed to a certified candidate is equal to the following:

                (1) for the office of public regulation commissioner, twenty-five cents ($.25) for each voter in the district of the office for which the candidate is running; and

                (2) for the office of secretary of state, justice of the supreme court and judge of the court of appeals, fifteen cents ($.15) for each voter in the state.

          E. For uncontested general elections, except as provided in Subsection I of this section, the amount of money to be distributed to a certified candidate is equal to fifty percent of the amount specified in Subsection D of this section. If a general election race that is initially uncontested later becomes contested because of the qualification of an independent or minor party candidate to appear on the ballot for that race, an additional amount of money shall be distributed to the certified candidate to make that candidate's total distribution amount equal to the amount distributed pursuant to Subsection D of this section.

          F. Once the certification for candidates for the primary election has been completed, the secretary shall calculate the total amount of money to be distributed in the primary election cycle, based on the number of certified candidates and the allocations specified in this section. The secretary shall increase the total amount by twenty percent to provide funds for additional matching funds in the primary election. The secretary shall also prepare an estimate of the total amount of money that might be distributed in the general election cycle. This estimate shall be increased by twenty percent to provide funds for additional matching funds in the general election. If the total amount to be distributed in the primary election cycle, plus the added twenty percent and the estimated total amount to be distributed in the general election cycle, plus the added twenty percent, all taken together, exceed the amount expected to be available in the fund, the secretary shall allocate the amount available between the primary and general election cycles. This allocation shall be based on the ratio of the two total amounts.

          G. If the allocation specified in Subsection F of this section is greater than the total amount available for distribution, then the amounts to be distributed to individual candidates, specified in Subsections B through E of this section, shall each be reduced by the same percentage as the reduction by which the total amount needed has been reduced relative to the total amount available.

           H. At least every two years after January 1, 2007, the secretary shall evaluate and modify as necessary the dollar values originally determined by Subsections B through E of this section and shall consider and account for inflation in the evaluations.

          I. No money shall be distributed to candidates in judicial retention elections. No money shall be distributed to judicial candidates in uncontested general elections; provided that if a general election race that is initially uncontested later becomes contested, the certified judicial candidate shall receive a distribution in accordance with Subsection D of this section."

     SECTION 5. APPROPRIATION.--Five hundred thousand dollars ($500,000) is appropriated from the general fund to the public election fund for expenditure in fiscal year 2020 and subsequent fiscal years to carry out the purposes of the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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