0001| HOUSE BILL 61
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| DELORES C. WRIGHT
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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 CAMPAIGNS; PROHIBITING CERTAIN CAMPAIGN
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0012| CONTRIBUTIONS; PROHIBITING CAMPAIGN MAILINGS WITHIN TEN DAYS
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0013| OF THE DATE OF THE ELECTION; AMENDING REPORTING REQUIREMENTS.
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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. Section 1-19-26 NMSA 1978 (being Laws 1979,
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0017| Chapter 360, Section 2, as amended) is amended to read:
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0018| "1-19-26. DEFINITIONS.--As used in the Campaign
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0019| Reporting Act:
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0020| A. "advertising campaign" means an advertisement
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0021| or series of advertisements used for a political purpose and
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0022| disseminated to the public either in print, by radio or
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0023| television broadcast or by any other electronic means,
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0024| including telephonic communications, and may include direct or
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0025| bulk mailings of printed materials;
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0001| B. "anonymous contribution" means a contribution
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0002| the contributor of which is unknown to the candidate or his
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0003| agent or the political committee or its agent who accepts the
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0004| contribution;
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0005| C. "bank account" means an account in a financial
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0006| institution located in New Mexico;
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0007| D. "campaign committee" means two or more persons
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0008| authorized by a candidate to raise, collect or expend
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0009| contributions on the candidate's behalf for the purpose of
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0010| electing him to office;
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0011| E. "candidate" means an individual who seeks or
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0012| considers an office in an election covered by the Campaign
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0013| Reporting Act, including a public official, who either has
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0014| filed a declaration of candidacy or nominating petition or:
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0015| (1) for a non-statewide office, has received
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0016| contributions or made expenditures of one thousand dollars
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0017| ($1,000) or more or authorized another person or campaign
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0018| committee to receive contributions or make expenditures of one
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0019| thousand dollars ($1,000) or more for the purpose of seeking
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0020| election to the office; or
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0021| (2) for a statewide office, has received
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0022| contributions or made expenditures of two thousand five
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0023| hundred dollars ($2,500) or more or authorized another person
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0024| or campaign committee to receive contributions or make
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0025| expenditures of two thousand five hundred dollars ($2,500) or
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0001| more for the purpose of seeking election to the office or for
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0002| candidacy exploration purposes in the years prior to the year
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0003| of the election;
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0004| F. "contribution" means a gift, subscription,
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0005| loan, advance or deposit of any money or other thing of value,
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0006| including the estimated value of an in-kind contribution, that
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0007| is made or received for a political purpose, including payment
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0008| of a debt incurred in an election campaign, but does not
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0009| include the value of services provided without compensation or
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0010| unreimbursed travel or other personal expenses of individuals
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0011| who volunteer a portion or all of their time on behalf of a
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0012| candidate or political committee, nor does it include the
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0013| administrative or solicitation expenses of a political
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0014| committee that are paid by an organization that sponsors the
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0015| committee;
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0016| G. "deliver" or "delivery" means by certified or
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0017| registered mail, by telecopier, electronic mail or facsimile
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0018| or by personal service;
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0019| H. "election" means any primary, general or
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0020| statewide special election in New Mexico and includes county
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0021| and judicial retention elections but excludes municipal,
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0022| school board and special district elections;
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0023| I. "election year" means an even-numbered year in
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0024| which an election covered by the Campaign Reporting Act is
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0025| held;
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0001| J. "expenditure" means a payment, transfer or
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0002| distribution or obligation or promise to pay, transfer or
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0003| distribute any money or other thing of value for a political
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0004| purpose, including payment of a debt incurred in an election
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0005| campaign or pre-primary convention, but does not include the
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0006| administrative or solicitation expenses of a political
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0007| committee that are paid by an organization that sponsors the
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0008| committee;
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0009| K. "foreign source" means a person who is not:
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0010| (1) a resident of the United States; or
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0011| (2) a corporation or business in the United
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0012| States;
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0013| [K.] L. "person" means an individual or
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0014| entity;
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0015| [L.] M. "political committee" means two or
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0016| more persons, other than members of a candidate's immediate
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0017| family or campaign committee or a husband and wife who make a
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0018| contribution out of a joint account, who are selected,
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0019| appointed, chosen, associated, organized or operated primarily
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0020| for a political purpose and includes political action
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0021| committees or similar organizations composed of employees or
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0022| members of any corporation, labor organization, trade or
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0023| professional association or any other similar group that
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0024| raises, collects, expends or contributes money or any other
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0025| thing of value for a political purpose; provided that a
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0001| political committee includes a single individual who by his
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0002| actions represents that he is a political committee and a
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0003| person or an organization of two or more persons that within
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0004| one calendar year expends funds in excess of two thousand
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0005| dollars ($2,000) to conduct an advertising campaign for a
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0006| political purpose;
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0007| [M.] N. "political purpose" means influencing
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0008| or attempting to influence an election or pre-primary
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0009| convention, including a constitutional amendment or other
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0010| question submitted to the voters;
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0011| [N.] O. "prescribed form" means a form
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0012| prepared and prescribed by the secretary of state;
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0013| [O.] P. "proper filing officer" means either
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0014| the secretary of state or the county clerk as provided in
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0015| Section 1-19-27 NMSA 1978;
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0016| [P.] Q. "public official" means a person
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0017| elected to an office in an election covered by the Campaign
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0018| Reporting Act or a person appointed to an office that is
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0019| subject to an election covered by that act;
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0020| [Q.] R. "reporting individual" means every
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0021| public official, candidate or treasurer of a campaign
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0022| committee and every treasurer of a political committee; and
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0023| [R.] S. "statement of exception" or
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0024| "statement" means the prescribed form subscribed and sworn to
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0025| by a candidate to indicate that the candidate does not intend
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0001| to raise or expend the minimum amount required for the filing
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0002| of a report of expenditures and contributions as provided in
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0003| Section 1-19-33 NMSA 1978."
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0004| Section 2. Section 1-19-29 NMSA 1978 (being Laws 1993,
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0005| Chapter 46, Section 5, as amended by Laws 1997, Chapter 12,
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0006| Section 1 and also by Laws 1997, Chapter 112, Section 3) is
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0007| amended to read:
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0008| "1-19-29. TIME AND PLACE OF FILING REPORTS.--
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0009| A. Annually, all reporting individuals shall file
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0010| with the proper filing officer by 5:00 p.m. on the second
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0011| Monday in May a report of all expenditures made and
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0012| contributions received on or before the first Monday in May
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0013| and not previously reported. The report shall be filed
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0014| annually until the reporting individual's bank account has
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0015| been closed and the other provisions specified in Subsection E
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0016| of this section have been satisfied.
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0017| B. In an election year, in addition to the May
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0018| report provided for in Subsection A of this section, all
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0019| reporting individuals, except for persons who file a statement
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0020| of exception pursuant to Section 1-19-33 NMSA 1978 and except
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0021| for public officials who are not candidates in an election
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0022| that year, shall file reports of all expenditures made and
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0023| contributions received according to the following schedule:
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0024| (1) by 5:00 p.m. on the second Monday in
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0025| October, a report of all expenditures made and contributions
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0001| received on or before the first Monday in October and not
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0002| previously reported;
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0003| (2) by 5:00 p.m. on the Thursday before a
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0004| primary, general or statewide special election, a report of
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0005| all expenditures made [and contributions received] by 5:00
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0006| p.m. on the Tuesday before the election [Any contribution or
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pledge to contribute that is received after 5:00 p.m. on the
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Tuesday before the election and that is for five hundred
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dollars ($500) or more in a legislative or nonstatewide
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judicial election, or two thousand five hundred dollars
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($2,500) or more in a statewide election shall be reported to
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the proper filing officer either in a supplemental report on a
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prescribed form within twenty-four hours of receipt or in the
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report to be filed by 5:00 p.m. on the Thursday before a
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primary, general or statewide special election, except that
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any such contribution or pledge to contribute that is received
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after 5:00 p.m. on the Friday before the election may be
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reported by 12:00 noon on the Monday before the election]
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0019| and all contributions received by 5:00 p.m. on the tenth day
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0020| before the election; and
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0021| (3) by 5:00 p.m. on the thirtieth day after a
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0022| primary, general or statewide special election, a report of
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0023| all expenditures made and contributions received on or before
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0024| the twenty-fifth day after the election and not previously
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0025| reported.
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0001| C. Notwithstanding the other provisions of this
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0002| section, the report due on the thirtieth day after an election
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0003| need be the only report filed after the annual May report if
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0004| the candidate is not opposed in the election and if the report
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0005| includes all expenditures made and contributions received for
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0006| that election and not previously reported.
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0007| D. A report of expenditures and contributions
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0008| filed after a deadline set forth in this section shall not be
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0009| deemed to have been timely filed.
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0010| E. Each reporting individual shall file a report
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0011| of expenditures and contributions annually pursuant to the
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0012| filing schedule set forth in this section, regardless of
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0013| whether any expenditures were made or contributions were
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0014| received during the reporting period. Reports shall be
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0015| required until the reporting individual delivers a report to
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0016| the proper filing officer stating that:
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0017| (1) there are no outstanding campaign debts;
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0018| (2) all money has been expended in accordance
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0019| with the provisions of Section 1-19-29.1 NMSA 1978; and
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0020| (3) the bank account has been closed.
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0021| F. Each treasurer of a political committee shall
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0022| file a report of expenditures and contributions annually
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0023| pursuant to the filing schedule set forth in this section
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0024| until the treasurer files a report that affirms that the
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0025| committee has dissolved or no longer exists and that its bank
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0001| account has been closed.
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0002| G. A reporting individual who is a candidate
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0003| within the meaning of the Campaign Reporting Act because of
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0004| the amount of contributions he receives or expenditures he
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0005| makes and who does not ultimately file a declaration of
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0006| candidacy or a nominating petition with the proper filing
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0007| officer shall nevertheless file a report, not later than the
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0008| second Monday in May for a primary election or the second
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0009| Monday in October for a general election, of all contributions
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0010| received and expenditures made on or before the first Monday
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0011| in May for a primary election or the first Monday in October
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0012| for a general election, and not previously reported."
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0013| Section 3. A new section of the Campaign Reporting Act
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0014| is enacted to read:
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0015| "[NEW MATERIAL] FOREIGN SOURCE CAMPAIGN CONTRIBUTIONS-
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0016| -PROHIBITIONS.--No foreign source may make contributions to a
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0017| candidate or his campaign committee with respect to an
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0018| election for an office covered by the Campaign Reporting Act
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0019| or to a political party to be distributed to a candidate or
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0020| his campaign committee with respect to an election for an
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0021| office covered by the Campaign Reporting Act."
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0022| Section 4. A new section of the Campaign Reporting Act
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0023| is enacted to read:
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0024| "[NEW MATERIAL] CAMPAIGN CONTRIBUTIONS--PROHIBITED
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0025| DURING TEN-DAY PERIOD PRIOR TO ELECTION.--No candidate or
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0001| campaign committee shall accept any contribution during the
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0002| ten days immediately preceding a primary, general or statewide
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0003| special election."
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0004| Section 5. A new section of the Campaign Reporting Act
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0005| is enacted to read:
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0006| "[NEW MATERIAL] CAMPAIGN LITERATURE--PROHIBITIONS ON
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0007| MAILINGS.--No candidate or campaign committee shall deliver or
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0008| mail any campaign literature, circular, letter or similar
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0009| written material, either by direct or bulk mailing, during the
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0010| ten-day period immediately preceding a primary, general or
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0011| special election."
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0012| Section 6. Section 1-19-31 NMSA 1978 (being Laws 1979,
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0013| Chapter 360, Section 7, as amended) is amended to read:
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0014| "1-19-31. CONTENTS OF REPORT.--
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0015| A. Each required report of expenditures and
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0016| contributions shall be typed or printed legibly, or on a
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0017| computer disc or format approved by the secretary of state,
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0018| and shall include:
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0019| (1) the name and address of the person or
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0020| entity to whom an expenditure was made or from whom a
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0021| contribution was received, except as provided for anonymous
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0022| contributions or contributions received from special events as
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0023| provided in Section 1-19-34 NMSA 1978; provided that for
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0024| contributors, the name of the entity or the first and last
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0025| names of any individual shall be the full name of the entity
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0001| or individual, and initials only shall not constitute a full
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0002| name unless that is the complete legal name;
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0003| (2) the occupation or type of business of any
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0004| person or entity making contributions of [two hundred fifty
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dollars ($250)] one hundred dollars ($100) or more in the
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0006| aggregate per election;
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0007| (3) the amount of the expenditure or
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0008| contribution or value thereof;
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0009| (4) the purpose of the expenditure; and
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0010| (5) the date the expenditure was made or the
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0011| contribution was received.
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0012| B. The report of expenditures and contributions
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0013| shall be subscribed and sworn to by the candidate or the
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0014| treasurer of the political committee. If the report of
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0015| expenditures and contributions is filed in an electronically
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0016| readable format, the report shall be subscribed and sworn to
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0017| in an independent affidavit signed by the candidate or the
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0018| treasurer of the political committee and delivered to the
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0019| secretary of state within forty-eight hours after the report
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0020| is electronically filed.
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0021| C. Each report shall contain an opening and
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0022| closing cash balance for the bank account maintained by the
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0023| reporting individual during the reporting period and the name
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0024| of the financial institution.
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0025| D. Each report shall specify the amount of each
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0001| unpaid debt and the identity of the person to whom the debt is
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0002| owed."
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0003| Section 7. Section 1-19-35 NMSA 1978 (being Laws 1979,
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0004| Chapter 360, Section 11, as amended by Laws 1997, Chapter 12,
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0005| Section 2 and also by Laws 1997, Chapter 112, Section 5) is
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0006| amended to read:
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0007| "1-19-35. REPORTS AND STATEMENTS--LATE FILING PENALTY--
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0008| FAILURE TO FILE.--
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0009| A. Except for the report required to be filed and
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0010| delivered the Thursday prior to the election [and any
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supplemental report, as required in Paragraph (2) of
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Subsection B of Section 1-19-29 NMSA 1978, that is due prior
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to the election], and subject to the provisions of Section
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0014| 1-19-34.4 NMSA 1978, if a statement of exception or a report
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0015| of expenditures and contributions contains false or incomplete
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0016| information or is filed after any deadline imposed by the
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0017| Campaign Reporting Act, the responsible reporting individual
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0018| or political committee, in addition to any other penalties or
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0019| remedies prescribed by the Election Code, shall be liable for
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0020| and shall pay to the secretary of state fifty dollars ($50.00)
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0021| per day for each regular working day after the time required
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0022| by the Campaign Reporting Act for the filing of statements of
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0023| exception or reports of expenditures and contributions until
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0024| the complete or true statement or report is filed, up to a
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0025| maximum of five thousand dollars ($5,000).
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0001| B. If any reporting individual files a false,
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0002| intentionally incomplete or late report of expenditures and
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0003| contributions due on the Thursday prior to the election, the
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0004| reporting individual or political committee shall be liable
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0005| and pay to the secretary of state five hundred dollars ($500)
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0006| for the first working day and fifty dollars ($50.00) for each
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0007| subsequent working day after the time required for the filing
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0008| of the report until the true and complete report is filed, up
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0009| to a maximum of five thousand dollars ($5,000).
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0010| C. If a reporting individual fails to file [or
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files a late supplemental report of expenditures and
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contributions as required in Paragraph (2) of Subsection B of
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Section 1-19-29 NMSA 1978] a report pursuant to the Campaign
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0014| Reporting Act, the reporting individual or political
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0015| committee shall be liable for and pay to the secretary of
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0016| state a penalty equal to the amount of each contribution
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0017| received or pledged [after the Tuesday before the election
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that was not timely filed] during the ten-day period
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0019| immediately preceding an election.
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0020| D. All sums collected for the penalty shall be
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0021| deposited in the state general fund. A report or statement of
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0022| exception shall be deemed timely filed only if it is received
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0023| by the proper filing officer by the date and time prescribed
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0024| by law.
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0025| E. Any candidate who fails or refuses to file a
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0001| report of expenditures and contributions or statement of
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0002| exception or to pay a penalty imposed by the secretary of
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0003| state as required by the Campaign Reporting Act shall not, in
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0004| addition to any other penalties provided by law:
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0005| (1) have his name printed upon the ballot if
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0006| the violation occurs before and through the final date for the
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0007| withdrawal of candidates; or
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0008| (2) be issued a certificate of nomination or
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0009| election, if the violation occurs after the final date for
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0010| withdrawal of candidates or after the election, until the
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0011| candidate satisfies all reporting requirements of the Campaign
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0012| Reporting Act and pays all penalties owed.
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0013| F. Any candidate who loses an election and who
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0014| failed or refused to file a report of expenditures and
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0015| contributions or a statement of exception or to pay a penalty
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0016| imposed by the secretary of state as required by the Campaign
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0017| Reporting Act shall not be, in addition to any other penalties
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0018| provided by law, permitted to file a declaration of candidacy
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0019| or nominating petition for any future election until the
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0020| candidate satisfies all reporting requirements of that act and
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0021| pays all penalties owed."
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0022|
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