0001| HOUSE BILL 34
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MIMI STEWART
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO ELECTIONS; ENACTING THE SCHOOL BOARD CAMPAIGN
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0012| REPORTING ACT; PROVIDING CAMPAIGN REPORTING REQUIREMENTS FOR
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0013| SCHOOL BOARD ELECTIONS; PROVIDING PENALTIES.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. SHORT TITLE.--This act may be cited as the
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0017| "School Board Campaign Reporting Act".
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0018| Section 2. DEFINITIONS.--As used in the School Board
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0019| Campaign Reporting Act:
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0020| A. "anonymous contribution" means a contribution,
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0021| the contributor of which is unknown to the candidate or his
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0022| agent who accepts the contribution;
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0023| B. "board" or "school board" means the governing
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0024| authority of the local school district;
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0025| C. "candidate" means an individual who has filed a
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0001| declaration of candidacy for election to a school board;
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0002| D. "contribution" means a gift, subscription, loan,
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0003| advance or deposit of any money or other thing of value,
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0004| including the estimated value of an in-kind contribution, that
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0005| is made or received for a school board election, including
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0006| payment of a debt incurred in an election campaign, but does
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0007| not include the value of services provided without compensation
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0008| or unreimbursed travel or other personal expenses of
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0009| individuals who volunteer a portion or all of their time on
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0010| behalf of a candidate;
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0011| E. "county clerk" means the clerk of each county in
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0012| which the school district is located;
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0013| F. "election" or "school board election" means any
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0014| regular or special school district election for a school board
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0015| member;
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0016| G. "expenditure" means a payment, transfer or
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0017| distribution or obligation or promise to pay, transfer or
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0018| distribute any money or other thing of value for a school board
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0019| election, including payment of a debt incurred in an election
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0020| campaign; and
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0021| H. "proper filing officer" means the county clerk
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0022| or, in the case of a multicounty school district, the clerk of
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0023| the county in which the administrative office of the school
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0024| district is located.
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0025| Section 3. SCHOOL BOARD CANDIDATE CAMPAIGN REPORTING
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0001| REQUIREMENTS.--
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0002| A. Each candidate for election to a school board
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0003| who receives contributions or makes expenditures of more than
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0004| one thousand dollars ($1,000) in an election campaign shall
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0005| file with the proper filing officer reports of expenditures and
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0006| contributions as required by the School Board Campaign
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0007| Reporting Act.
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0008| B. The proper filing officer shall provide
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0009| necessary contribution and expenditure reporting forms to a
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0010| candidate at the time a declaration of candidacy is filed. The
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0011| secretary of state shall assist the proper filing officer in
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0012| preparing contribution and expenditure reporting forms.
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0013| C. Contribution and expenditure reports shall be
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0014| filed with the proper filing officer:
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0015| (1) twenty-five days prior to the election;
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0016| (2) seven days prior to the election;
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0017| (3) thirty days after the election, which
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0018| shall be the final report unless the campaign account remains
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0019| open or all contributions are not reported as having been
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0020| expended in accordance with the provisions of Section 5 of the
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0021| School Board Campaign Reporting Act; and
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0022| (4) annually in non-election years on February
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0023| 1, until the account is reported as closed or all expenditures
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0024| are reported as having been expended in accordance with
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0025| Section 5 of the School Board Campaign Reporting Act.
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0001| D. The report due twenty-five days prior to the
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0002| election shall include all contributions received and
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0003| expenditures made before or on the thirtieth day prior to the
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0004| election and not previously reported. The report due seven
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0005| days prior to the election shall include all contributions
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0006| received and expenditures made before or on the tenth day prior
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0007| to the election and not previously reported. The report due
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0008| thirty days after the election shall include all contributions
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0009| received and expenditures made before or on the twenty-fifth
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0010| day after the election and not previously reported. The annual
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0011| report in non-election years due on February 1 shall include
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0012| all contributions received and expenditures made that have not
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0013| been previously reported.
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0014| E. If at any time a candidate receives
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0015| contributions or makes expenditures in excess of one thousand
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0016| dollars ($1,000), the candidate shall file the next scheduled
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0017| report and each succeeding report.
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0018| F. A report shall not be deemed timely filed unless
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0019| it is received by the proper filing officer on or before the
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0020| day required.
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0021| Section 4. CONTENTS OF CAMPAIGN REPORT OF CONTRIBUTIONS
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0022| AND EXPENDITURES--ANONYMOUS CONTRIBUTION.--
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0023| A. Each required report of expenditures and
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0024| contributions shall be typed or printed legibly, or on a
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0025| computer disc or format approved by the proper filing officer,
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0001| and shall include:
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0002| (1) the name and address of the person or
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0003| entity to whom an expenditure was made or from whom a
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0004| contribution was received, except for an anonymous
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0005| contribution; provided that for contributors, the name of the
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0006| entity or the first and last names of any individual shall be
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0007| the full name of the entity or individual, and initials only
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0008| shall not constitute a full name of an entity unless that is
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0009| its complete legal name;
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0010| (2) the occupation or type of business of any
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0011| person or entity making contributions of two hundred fifty
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0012| dollars ($250) or more in the aggregate per election;
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0013| (3) the amount of the expenditure or
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0014| contribution or value thereof;
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0015| (4) the purpose of the expenditure; and
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0016| (5) the date of the expenditure or
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0017| contribution.
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0018| B. No anonymous contribution may be accepted in
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0019| excess of fifty dollars ($50.00). The aggregate amount of
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0020| anonymous contributions received for an election shall not
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0021| exceed two hundred fifty dollars ($250).
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0022| C. The report of expenditures and contributions
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0023| shall be subscribed and sworn to by the candidate. If the
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0024| report of expenditures and contributions is filed in an
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0025| electronically readable format, the report shall be subscribed
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0001| and sworn to by the candidate in an independent affidavit
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0002| signed by the candidate and filed with the proper filing
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0003| officer.
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0004| D. Each report shall contain an opening and closing
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0005| cash balance for the campaign account.
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0006| E. Each report shall specify the amount of each
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0007| unpaid debt and the identity of the person to whom the debt is
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0008| owed, except that the debts to suppliers of goods and services
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0009| that are not more than thirty days past due need not be
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0010| reported.
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0011| Section 5. CAMPAIGN FUNDS--LIMITATION ON USE.--It is
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0012| unlawful for any candidate, elected official or the agent of
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0013| either to make an expenditure of contributions received, except
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0014| for the following purposes:
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0015| A. expenditures of the campaign;
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0016| B. donations to the state or a county general fund;
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0017| or
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0018| C. donations to an organization to which a federal
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0019| income tax deduction would be permitted under Subparagraph (A)
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0020| of Paragraph (1) of Subsection (b) of Section 170 of the
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0021| Internal Revenue Code of 1986.
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0022| Section 6. REGULATIONS.--The board is authorized to adopt
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0023| regulations to implement the provisions of the School Board
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0024| Campaign Reporting Act.
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0025| Section 7. ENFORCEMENT--PENALTIES.--
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0001| A. Any citizen who believes a provision of the
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0002| School Board Campaign Reporting Act has been violated may file
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0003| a complaint with the proper filing officer. If the proper
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0004| filing officer believes a provision of the School Board
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0005| Campaign Reporting Act has been violated, the proper filing
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0006| officer shall refer the matter to the district attorney. The
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0007| School Board Campaign Reporting Act may be enforced by the
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0008| district attorney in the county where the candidate resides.
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0009| B. If a campaign contribution or expenditure report
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0010| is filed late or is incomplete or false, the candidate
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0011| responsible for it shall, in addition to any other penalties or
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0012| remedies, be liable for and shall pay to the proper filing
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0013| officer twenty-five dollars ($25.00) per day for each regular
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0014| working day that the required full and complete report is late,
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0015| up to a maximum of one thousand dollars ($1,000).
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0016| C. If a candidate who violates the provisions of
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0017| the School Board Campaign Reporting Act is elected to the
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0018| school board, that person shall not, in addition to any other
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0019| penalties provided by law, serve on the school board or
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0020| participate in school board meetings until the complete reports
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0021| required by the School Board Campaign Reporting Act have been
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0022| filed.
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0023| D. Any person who knowingly and willfully violates
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0024| a provision of the School Board Campaign Reporting Act is
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0025| guilty of a misdemeanor and shall be punished by a fine of not
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0001| more than one thousand dollars ($1,000) or by imprisonment for
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0002| not more than one year or both.
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0003| - - State of New Mexico
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0004| House of Representatives
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0005|
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0006| FORTY-THIRD LEGISLATURE
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0007| FIRST SESSION, 1997
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0008|
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0009|
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0010| February 6, 1997
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0011|
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0012|
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0013| Mr. Speaker:
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0014|
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0015| Your VOTERS AND ELECTIONS COMMITTEE, to whom has
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0016| been referred
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0017|
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0018| HOUSE BILL 34
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0019|
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0020| has had it under consideration and reports same with
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0021| recommendation that it DO PASS, amended as follows:
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0022|
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0023| 1. On page 1, line 24, strike the semicolon and insert in
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0024| lieu thereof ", the governing board of a technical and vocational
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0025| institute district, the governing board of an area vocational
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0001| school or the community college board of a community college or
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0002| branch community college;".
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0003|
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0004| 2. On page 3, line 11, after "shall" strike the remainder
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0005| of the line and insert in lieu thereof "initially approve".
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0006|
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0007| 3. On page 3, line 12, strike the period and insert in lieu
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0008| thereof "to be used.".
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0009|
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0010| 4. On page 4, line 19, after "officer" strike the remainder
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0011| of the line, strike line 20 and insert in lieu thereof "by 5:00
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0012| p.m. on the day the report is required to be filed.".
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0013|
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0014| 5. On page 4, between lines 20 and 21, insert a new section
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0015| to read:
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0016|
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0017| "Section 4. EXCLUSION OF CERTAIN CANDIDATES FROM
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0018| REPORTING--STATEMENT OF EXCEPTION.--
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0019|
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0020| A. A person who seeks a public office covered by the
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0021| School Board Campaign Reporting Act and who anticipates receiving
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0022| or expending less than one thousand dollars ($1,000) may file, in
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0023| lieu of filing a report of expenditures and contributions, a
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0024| statement of exception to that effect before the election on a
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0025| prescribed form and under penalty of perjury. The statement of
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0001| exception shall be filed at the time of filing a declaration of
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0002| candidacy. The statement shall be filed with the proper filing
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0003| officer.
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0004|
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0005| B. Upon filing of the statement of exception, the
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0006| candidate shall not be required to file a report of expenditures
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0007| and contributions except as provided in Subsection C of this
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0008| section.
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0009|
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0010| C. If at any time after filing a statement of
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0011| exception a candidate receives or expends in an election more
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0012| than the one thousand dollar ($1,000) threshold amount provided
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0013| in Subsection A of this section, the candidate shall file reports
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0014| of expenditures and contributions according to the reporting
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0015| schedule provided in Section 3 of the School Board Campaign
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0016| Reporting Act.".
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0017|
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0018| 6. Renumber succeeding sections accordingly.
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0019|
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0020| 7. On page 6, line 25, after "a" insert "sworn".
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0021|
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0022| 8. On page 7, line 2, after "officer" insert "reasonably".
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0023|
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0024| 9. On page 7, line 18, strike "complete reports required by
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0025| the" and insert in lieu thereof "candidate satisfies all
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0001| reporting requirements of the".
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0002|
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0003| 10. On page 7, line 19, strike "have been filed" and insert
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0004| in lieu thereof "and pays all penalties owed".,
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0005|
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0006|
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0007| and thence referred to the JUDICIARY COMMITTEE.
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0008|
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0009| Respectfully submitted,
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0010|
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0011|
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0012|
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0013|
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0014|
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0015| Edward C. Sandoval, Chairman
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0016|
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0017|
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0018| Adopted Not Adopted
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0019|
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022| Date
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0023|
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0024| The roll call vote was 7 For 0 Against
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0025| Yes: 7
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0001| Excused: Garcia, Lujan, Nicely, Sanchez, J.P. Taylor
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0002| Absent: None
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0003|
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0004|
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0005| .115876.2
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0006| G:\BILLTEXT\BILLW_97\H0034 State of New Mexico
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0007| House of Representatives
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0008|
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0009| FORTY-THIRD LEGISLATURE
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0010| FIRST SESSION, 1997
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0011|
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0012|
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0013| February 21, 1997
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0014|
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0015|
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0016| Mr. Speaker:
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0017|
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0018| Your EDUCATION COMMITTEE, to whom has been referred
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0019|
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0020| HOUSE BILL 34, as amended
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0021|
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0022| has had it under consideration and reports same with
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0023| recommendation that it DO PASS, amended as follows:
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0024|
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0025| 1. Strike Voters and Elections Committee Amendment No. 1.
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0001|
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0002| 2. On page 1, line 24, strike the semicolon and insert in
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0003| lieu thereof ", the governing board of a technical and vocational
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0004| institute district, the governing board of an area vocational
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0005| school or the community college board of a community college;".,
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0006|
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0007| and thence referred to the JUDICIARY COMMITTEE.
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0008|
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0009| Respectfully submitted,
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0010|
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0011|
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0012|
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0013|
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0014|
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0015| Samuel F. Vigil, Chairman
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0016|
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0017|
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0018| Adopted Not Adopted
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0019|
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022| Date
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0023|
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0024| The roll call vote was 7 For 0 Against
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0025| Yes: 7
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0001| Excused: Garnenez, Mallory, Nicely, Weeks, W.C. Williams,
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0002| Wright
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0003| Absent: None
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0004|
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0005|
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0006|
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0007| G:\BILLTEXT\BILLW_97\H0034 State of New Mexico
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0008| House of Representatives
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0009|
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0010| FORTY-THIRD LEGISLATURE
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0011| FIRST SESSION, 1997
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0012|
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0013|
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0014| March 3, 1997
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0015|
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0016|
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0017| Mr. Speaker:
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0018|
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0019| Your JUDICIARY COMMITTEE, to whom has been referred
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0020|
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0021| HOUSE BILL 34, as amended
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0022|
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0023| has had it under consideration and reports same with
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0024| recommendation that it DO PASS, amended as follows:
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0025|
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0001| 1. Strike House Education Committee Amendment 2.
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0002|
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0003| 2. On page 1, line 24, strike the semicolon and insert in
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0004| lieu thereof "or the elected board of any of the following: a
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0005| technical and vocational institute; an area vocational institute;
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0006| a community college; or a branch community college;".
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0007|
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0008| Respectfully submitted,
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0009|
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0010|
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0011|
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0012|
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0013|
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0014| Thomas P. Foy, Chairman
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0015|
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0016|
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0017| Adopted Not Adopted
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0018|
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021| Date
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0022|
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0023| The roll call vote was 10 For 0 Against
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0024| Yes: 10
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0025| Excused: Mallory, Rios, Sanchez
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0001| Absent: None
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0002|
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0003|
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0004| .117592.1
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0005| G:\BILLTEXT\BILLW_97\H0034
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0006|
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0007| FORTY-THIRD LEGISLATURE
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0008| FIRST SESSION, 1997
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0009|
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0010|
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0011| March 15, 1997
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0012|
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0013| Mr. President:
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0014|
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0015| Your RULES COMMITTEE, to whom has been referred
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0016|
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0017| HOUSE BILL 34, as amended
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO PASS, and thence referred to the
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0021| JUDICIARY COMMITTEE.
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0022|
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0023| Respectfully submitted,
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0024|
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0025|
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0001|
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0002|
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0003| __________________________________
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0004| Gloria Howes, Chairman
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0005|
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0006|
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0007|
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0008| Adopted_______________________ Not
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0009| Adopted_______________________
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0010| (Chief Clerk) (Chief Clerk)
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0011|
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0012|
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0013| Date ________________________
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0014|
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0015|
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0016| The roll call vote was 6 For 0 Against
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0017| Yes: 6
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0018| No: 0
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0019| Excused: Aragon, Rodarte
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0020| Absent: None
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0021|
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0022|
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0023| H0034RU1
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0024|
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0025|
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0001|
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0002| FORTY-THIRD LEGISLATURE HB 34/a
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0003| FIRST SESSION, 1997
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0004|
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0005| March 19, 1997
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0006|
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0007| Mr. President:
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0008|
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0009| Your JUDICIARY COMMITTEE, to whom has been referred
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0010|
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0011| HOUSE BILL 34, as amended
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS, amended as follows:
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0015|
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0016| 1. On page 2, line 5, after "election" insert "or political
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0017| purpose".
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0018|
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0019| 2. On page 2, line 19, after "election" insert "or
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0020| political purpose".
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0021|
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0022| 3. On page 2, between lines 20 and 21, insert the following
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0023| new subsection:
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0024| "H. "political purpose" means influencing or attempting
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0025| to influence an election or other question submitted to the
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0001| voters."
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0002|
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0003| 4. Reletter the succeeding subsections.
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0004|
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0005| 5. On page 2, between lines 24 and 25 insert the following
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0006| new subsection:
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0007| "J. "statement of exception" or "statement" means the
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0008| prescribed form subscribed and sworn to by a candidate to
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0009| indicate that the candidate does not intend to raise or expend
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0010| the minimum amount required for the filing of a report of
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0011| expenditures and contributions."
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0012|
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0013| 6. On page 3, line 5, after "of" insert "all".
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0014|
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0015| 7. On page 3, line 6, after "contributions" insert
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0016| "received".
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0017|
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0018|
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0019| Respectfully submitted,
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0020|
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0021|
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0022|
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0023| __________________________________
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0024| Fernando R. Macias, Chairman
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0025|
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0001|
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0002|
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0003|
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0004|
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0005| FORTY-THIRD LEGISLATURE
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0006| FIRST SESSION, 1997
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0007|
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0008| SJC/HB 34 Page 2
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0009|
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0010|
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0011|
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0012|
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0013| Adopted_______________________ Not
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0014| Adopted_______________________
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0015| (Chief Clerk) (Chief Clerk)
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0016|
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0017|
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0018| Date ________________________
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0019|
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0020|
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0021| The roll call vote was 5 For 0 Against
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0022| Yes: 5
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0023| No: 0
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0024| Excused: Sanchez, Tsosie, Vernon
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0025| Absent: None
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0001|
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0002| H0034JU1
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0003|
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0004|
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