0001| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0002| SENATE BILL 112 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO ELECTIONS; ENACTING THE CAMPAIGN FINANCE REFORM | 0013| ACT; PROVIDING CAMPAIGN CONTRIBUTION LIMITS; PRESCRIBING CIVIL | 0014| PENALTIES; DECLARING AN EMERGENCY. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. SHORT TITLE.--This act may be cited as the | 0018| "Campaign Finance Reform Act". | 0019| Section 2. DEFINITIONS.--As used in the Campaign Finance | 0020| Reform Act: | 0021| A. "campaign committee" means two or more persons | 0022| authorized by a candidate to raise, collect or expend | 0023| contributions on the candidate's behalf for the purpose of | 0024| electing the candidate to office; | 0025| B. "candidate" means an individual who seeks or | 0001| considers an office, other than a federal office, in an | 0002| election covered by the Campaign Finance Reform Act, including | 0003| a public official, who either has filed a declaration of | 0004| candidacy or nominating petition or: | 0005| (1) for a nonstatewide office, has received | 0006| contributions or made expenditures of one thousand dollars | 0007| ($1,000) or more or authorized another person or campaign | 0008| committee to receive contributions or make expenditures of one | 0009| thousand dollars ($1,000) or more for the purpose of seeking | 0010| election to the office; or | 0011| (2) for a statewide office, has received | 0012| contributions or made expenditures of two thousand five hundred | 0013| dollars ($2,500) or more or authorized another person or | 0014| campaign committee to receive contributions or make | 0015| expenditures of two thousand five hundred dollars ($2,500) or | 0016| more for the purpose of seeking election to the office or for | 0017| candidacy exploration purposes in the years prior to the year | 0018| of the election; | 0019| C. "contribution" means a gift, subscription, loan, | 0020| advance or deposit of money or other thing of value, including | 0021| the estimated value of an in-kind contribution, that is made or | 0022| received for a political purpose, including payment of a debt | 0023| incurred in an election campaign, but does not include the | 0024| value of services provided without compensation or unreimbursed | 0025| travel or other personal expenses of individuals who volunteer | 0001| a portion or all of their time on behalf of a candidate or | 0002| political committee, nor does it include the administrative or | 0003| solicitation expenses of a political committee that are paid by an | 0004| organization that sponsors the committee; | 0005| D. "election" means any primary, general or statewide | 0006| special election in New Mexico and includes judicial retention and | 0007| public regulation commission elections but excludes county, | 0008| municipal, school board and special district elections; | 0009| E. "person" means an individual or entity; | 0010| F. "personal funds" means any funds over which the | 0011| candidate has control, including funds in a joint bank account and | 0012| any money loaned to the candidate or his campaign committee by a | 0013| financial institution or individual; | 0014| G. "political committee" means two or more persons, | 0015| other than members of a candidate's immediate family or campaign | 0016| committee or a husband and wife who make a contribution out of a | 0017| joint account, who are selected, appointed, chosen, associated, | 0018| organized or operated primarily for a political purpose and | 0019| includes political action committees or similar organizations | 0020| composed of employees or members of any corporation, labor | 0021| organization, trade or professional association or any other | 0022| similar group that raises, collects, expends or contributes money | 0023| or any other thing of value for a political purpose; provided that | 0024| a "political committee" includes a single individual who by his | 0025| actions represents that he is a political committee; | 0001| H. "political purpose" means influencing or attempting | 0002| to influence an election or pre-primary convention, including a | 0003| constitutional amendment or other question submitted to the | 0004| voters; and | 0005| I. "proper filing office" means the county clerk for a | 0006| candidate seeking election to a state legislative office wholly | 0007| within one county and the secretary of state for all other | 0008| candidates covered by the Campaign Finance Reform Act. | 0009| Section 3. CAMPAIGN CONTRIBUTION LIMITS--RESTRICTIONS AND | 0010| REQUIREMENTS.-- | 0011| A. No person, campaign committee or political committee | 0012| shall make contributions that, in the aggregate, exceed: | 0013| (1) five hundred dollars ($500) to a candidate or | 0014| his campaign committee with respect to an election for a state | 0015| legislative or nonstatewide judicial office; | 0016| (2) one thousand dollars ($1,000) to a candidate or | 0017| his campaign committee with respect to an election for a statewide | 0018| office; and | 0019| (3) one thousand dollars ($1,000) to a political | 0020| committee in any calendar year. | 0021| B. A candidate may make contributions of any amount of | 0022| his personal funds to his campaign committee. However, with | 0023| respect to an election for a nonfederal office covered by the | 0024| Campaign Finance Reform Act, if a candidate for: | 0025| (1) a state legislative, nonstatewide judicial or | 0001| public regulation commission office makes contributions that, in | 0002| the aggregate, exceed five thousand dollars ($5,000) of his | 0003| personal funds to his campaign committee, except as provided in | 0004| Subsection E of this section, then the restrictions on | 0005| contributions in excess of the limit in Paragraph (1) of | 0006| Subsection A of this section do not apply to the candidate's | 0007| opponents and the opponents' campaign committees, but remain in | 0008| effect for the candidate and his campaign committee; or | 0009| (2) a statewide office makes contributions that, in | 0010| the aggregate exceed ten thousand dollars ($10,000) of his | 0011| personal funds to his campaign committee, except as provided in | 0012| Subsection E of this section, then the restrictions on | 0013| contributions in excess of the limit in Paragraph (2) of | 0014| Subsection A of this section do not apply to the candidate's | 0015| opponents and the opponents' campaign committees, but remain in | 0016| effect for the candidate and his campaign committee. | 0017| C. Each candidate shall file a declaration stating | 0018| whether the candidate agrees to be bound by the voluntary limits | 0019| on his personal funds, as set forth in Subsection B of this | 0020| section with the proper filing officer at the time the candidate | 0021| files his declaration of candidacy or nominating petition. For | 0022| the primary election, the declaration concerning the voluntary | 0023| limits on the candidate's personal funds shall be filed no later | 0024| than the deadline for filing for a primary election. For the | 0025| general election, the declaration concerning the voluntary limits | 0001| on the candidate's personal funds shall be filed no later than | 0002| thirty days after the primary election. Nominees appointed to | 0003| fill a vacancy shall file the declaration concerning the voluntary | 0004| limits on the candidate's personal funds within one week of their | 0005| nomination. Once filed, the declaration concerning the voluntary | 0006| limits on the candidate's personal funds shall not be withdrawn, | 0007| rescinded or changed. | 0008| D. If a candidate agrees to be bound by the voluntary | 0009| contribution limit for an election, he shall not exceed the | 0010| voluntary contribution limit for that election. If a candidate in | 0011| a primary election agrees to be bound by the voluntary | 0012| contribution limit for an election and exceeds that limit, then | 0013| his name will not be printed upon the general election ballot | 0014| unless he pays a fine of three times the amount by which he | 0015| exceeded the limit within thirty days after the primary election. | 0016| If a candidate in a general election agrees to be bound by the | 0017| voluntary contribution limit for an election and exceeds the | 0018| limit, then he shall not receive his certificate of election | 0019| unless he pays a fine of three times the amount by which he | 0020| exceeded the limit within thirty days after the general election. | 0021| A candidate who fails or refuses to file a declaration concerning | 0022| the voluntary limits on the candidate's personal funds shall be | 0023| presumed to have stated an intent not to abide by the voluntary | 0024| limits, as set forth in Subsection B of this section. | 0025| E. No candidate shall personally make outstanding loans | 0001| to his campaign or campaign committee that total at any one time | 0002| more than ten thousand dollars ($10,000). | 0003| F. For the purposes of this section: | 0004| (1) a contribution made to a candidate or his | 0005| campaign committee following the last election year for the office | 0006| that the candidate is seeking and prior to December 31 of the year | 0007| of the election in which the candidate is participating shall be | 0008| considered to be made for the election in which the candidate is | 0009| participating. This provision shall only apply to contributions | 0010| made after November 1, 1996; and | 0011| (2) all contributions made by political committees | 0012| established, maintained or controlled by the same person shall be | 0013| considered to be made by a single person and such contributions | 0014| shall be aggregated. | 0015| G. Any unexpended campaign contributions on the | 0016| effective date of the Campaign Finance Reform Act retained by a | 0017| candidate's campaign committee for use in a subsequent election | 0018| cycle shall be returned to the state's party or to the general | 0019| fund. Expenditure of these unexpended campaign contributions by | 0020| the candidate's campaign committee is prohibited by the Campaign | 0021| Finance Reform Act. | 0022| H. A campaign committee or political committee that | 0023| endorses or contributes to a candidate shall provide all | 0024| candidates in that race a certified list of all members of that | 0025| campaign committee or political committee that are eligible to | 0001| vote for that office. | 0002| Section 4. DUTIES OF THE SECRETARY OF STATE--ENFORCEMENT-- | 0003| RULES AND REGULATIONS.-- | 0004| A. The secretary of state shall: | 0005| (1) administer the provisions of the Campaign | 0006| Finance Reform Act; | 0007| (2) prepare forms for candidates to declare their | 0008| voluntary compliance with the contribution limits established by | 0009| the Campaign Finance Reform Act; | 0010| (3) make any declarations filed with the secretary | 0011| of state's office available for public inspection and may charge a | 0012| reasonable fee for providing copies of the declarations; | 0013| (4) impose penalties against a campaign committee, | 0014| candidate, person or political committee that violates a provision | 0015| of the Campaign Finance Reform Act; and | 0016| (5) adopt and promulgate rules and regulations to | 0017| implement the provisions of the Campaign Finance Reform Act in | 0018| accordance with the State Rules Act. | 0019| B. Any person who believes that a violation of the | 0020| Campaign Finance Reform Act has occurred may file a written | 0021| complaint with the secretary of state no later than ninety days | 0022| after the alleged violation. The secretary of state may also | 0023| initiate investigations if the secretary determines that a | 0024| violation has occurred. | 0025| Section 5. CIVIL PENALTY.--The attorney general or district | 0001| attorney may institute a civil action in district court for a | 0002| violation of a provision of the Campaign Finance Reform Act. An | 0003| action for relief may include a permanent or temporary injunction, | 0004| a restraining order or any other appropriate order, including a | 0005| civil penalty not to exceed three times the amount of any | 0006| contribution in violation of the provisions of the Campaign | 0007| Finance Reform Act and the forfeiture of that illegal | 0008| contribution. | 0009| Section 6. APPLICABILITY.--The provisions of the Campaign | 0010| Finance Reform Act do not apply to a candidate subject to the | 0011| provisions of federal law pertaining to campaign practices and | 0012| campaign finance. | 0013| Section 7. SEVERABILITY.--If any part or application of the | 0014| Campaign Finance Reform Act is held invalid, the remainder or its | 0015| application to other situations or persons shall not be affected. | 0016| Section 8. EMERGENCY.--It is necessary for the public peace, | 0017| health and safety that this act take effect immediately. | 0018|  |