0001| HOUSE BILL 491
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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| GARY K. KING
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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; PROVIDING FOR PUBLIC FINANCING OF
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0012| PUBLIC REGULATION COMMISSION CAMPAIGNS; ESTABLISHING THE
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0013| PUBLIC REGULATION COMMISSION CAMPAIGN FUND; PROVIDING POWERS
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0014| AND DUTIES; PROVIDING PENALTIES; AMENDING AND ENACTING
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0015| SECTIONS OF THE NMSA 1978; MAKING APPROPRIATIONS; DECLARING AN
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0016| EMERGENCY.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
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0020| through 9 of this act may be cited as the "Public Regulation
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0021| Commission Public Financing Act".
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0022| Section 2. [NEW MATERIAL] LEGISLATIVE FINDINGS.--The
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0023| legislature finds that:
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0024| A. the costs associated with running for public
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0025| office have risen greatly, with disturbing effects on the
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0001| political process. Some of those effects include:
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0002| (1) the exclusion of many qualified
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0003| candidates from the electoral process;
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0004| (2) impropriety or the appearance of
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0005| impropriety in the raising of campaign funds because of the
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0006| large amount of money required for successful competition in
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0007| the political arena; and
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0008| (3) the increase in public cynicism about the
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0009| political process and the lessening of public confidence in
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0010| elected public officials;
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0011| B. the United States supreme court has indicated
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0012| that any limitation on campaign expenditures must be entered
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0013| into voluntarily and the use of public financing of campaigns
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0014| is a constitutionally permissible way in which to encourage
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0015| candidates to adopt voluntary campaign spending limits;
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0016| C. using public funds to assist in the financing
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0017| of campaigns for certain offices, in conjunction with
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0018| voluntary campaign spending limits, may serve to alleviate
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0019| some of the disturbing effects of the high cost of political
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0020| campaigning; and
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0021| D. the adoption by the people of the
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0022| constitutional amendment creating an elected public regulation
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0023| commission provides an opportunity for the state to experiment
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0024| with public financing in a limited and cost-effective way to
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0025| see if it serves its intended purposes and might be expanded
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0001| to other political offices in the future.
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0002| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the
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0003| Public Regulation Commission Public Financing Act:
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0004| A. "candidate" means a person who seeks or
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0005| considers running for the commission, who either has filed a
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0006| declaration of candidacy or nominating petition or has
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0007| received contributions or made expenditures of two thousand
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0008| five hundred dollars ($2,500) or more or has authorized
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0009| another person to receive contributions or make expenditures
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0010| of two thousand five hundred dollars ($2,500) or more for the
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0011| purpose of seeking election to the commission;
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0012| B. "commission" means the public regulation
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0013| commission;
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0014| C. "fund" means the public regulation commission
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0015| campaign fund; and
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0016| D. "person" means an individual; firm,
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0017| partnership, corporation, business, joint venture or similar
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0018| business or commercial entity; or a political action
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0019| committee, campaign committee or other organization organized
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0020| to participate in electoral or party politics.
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0021| Section 4. [NEW MATERIAL] PUBLIC REGULATION COMMISSION
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0022| CAMPAIGN FUND.--
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0023| A. The "public regulation commission campaign
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0024| fund" is created in the state treasury. The fund consists of
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0025| appropriations, gifts, grants, donations and interest from
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0001| investment of the fund. The fund shall be administered by the
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0002| state treasurer, and money in the fund is appropriated to the
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0003| state treasurer to make distributions to qualifying candidates
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0004| pursuant to the provisions of the Public Regulation Commission
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0005| Public Financing Act. Money in the fund shall be disbursed
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0006| only on warrant drawn by the secretary of finance and
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0007| administration pursuant to vouchers signed by the state
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0008| treasurer or his authorized representative.
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0009| B. The fund shall be funded at three hundred fifty
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0010| thousand dollars ($350,000) per year segregated from proceeds
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0011| collected from:
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0012| (1) inspection and supervision fees pursuant
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0013| to Section 62-8-8 NMSA 1978; and
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0014| (2) utility and carrier inspection fees
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0015| pursuant to Section 63-7-20 NMSA 1978.
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0016| C. Money transferred to the fund shall not revert
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0017| to the general fund during an electoral cycle, but money in
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0018| the fund in excess of three hundred thousand dollars
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0019| ($300,000) on December 31 immediately following a general
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0020| election shall revert to the general fund.
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0021| Section 5. [NEW MATERIAL] FUNDING FOR QUALIFYING
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0022| CANDIDATES.--
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0023| A. Upon qualifying for public finance in
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0024| accordance with the Public Regulation Commission Public
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0025| Financing Act, candidates for election to the commission shall
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0001| be eligible to receive regular and periodic payments from the
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0002| fund to defray expenditures of the campaign for office
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0003| pursuant to the following schedule:
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0004| (1) for the primary election:
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0005| (a) twenty thousand dollars ($20,000)
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0006| within fifteen days of qualifying;
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0007| (b) ten thousand dollars ($10,000)
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0008| fifteen days after the first payment; and
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0009| (c) ten thousand dollars ($10,000)
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0010| thirty days after the second payment; and
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0011| (2) for the general election:
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0012| (a) twenty thousand dollars ($20,000)
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0013| by July 1;
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0014| (b) twenty thousand dollars ($20,000)
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0015| by August 15; and
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0016| (c) twenty thousand dollars ($20,000)
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0017| by October 1.
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0018| B. Candidates who qualify shall be eligible to
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0019| receive:
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0020| (1) forty thousand dollars ($40,000) for the
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0021| primary election campaign; and
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0022| (2) sixty thousand dollars ($60,000) for the
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0023| general election campaign.
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0024| C. Money received pursuant to the Public
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0025| Regulation Commission Public Financing Act is subject to the
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0001| reporting requirements of the Campaign Reporting Act.
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0002| Section 6. [NEW MATERIAL] QUALIFYING PRIMARY ELECTION
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0003| CANDIDATES.--
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0004| A. Except as provided in Subsection B of this
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0005| section, a primary election candidate for the commission
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0006| qualifies for funding pursuant to the Public Regulation
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0007| Commission Public Financing Act by:
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0008| (1) qualifying for placement on the primary
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0009| election ballot as certified by the secretary of state;
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0010| (2) having raised at least seven thousand
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0011| five hundred dollars ($7,500) but not more than ten thousand
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0012| dollars ($10,000);
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0013| (3) not having accepted more than two hundred
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0014| fifty dollars ($250) from a person other than himself; and
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0015| (4) agreeing in writing to the following
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0016| terms and conditions:
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0017| (a) to limit campaign expenditures to
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0018| qualifying expenditures as provided in the Public Regulation
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0019| Commission Public Financing Act;
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0020| (b) to limit the amount of primary
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0021| election campaign expenditures to no more than the amount
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0022| raised in Paragraph (2) of this subsection plus money received
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0023| from the fund;
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0024| (c) to limit private primary election
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0025| campaign fundraising to that amount received prior to
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0001| qualifying to receive money from the fund; and
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0002| (d) to return to the state treasurer
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0003| any unexpended money from the fund within twenty days after
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0004| the candidate ceases to be a candidate, becomes unopposed or
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0005| after the election is over with respect to those candidates
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0006| who remain qualified throughout the election.
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0007| B. No candidate shall be qualified to receive
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0008| money from the fund unless the candidate and at least one
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0009| other candidate for the same seat have qualified to have their
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0010| names on the ballot in the same election.
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0011| C. Qualification shall cease and unexpended money
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0012| received from the fund shall be returned to the state
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0013| treasurer in the event a candidate either ceases to be a
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0014| candidate or becomes unopposed during the election.
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0015| Section 7. [NEW MATERIAL] QUALIFYING GENERAL ELECTION
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0016| CANDIDATES.--
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0017| A. Except as provided in Subsection B of this
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0018| section, a general election candidate for the commission
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0019| qualifies for funding pursuant to the Public Regulation
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0020| Commission Public Financing Act by:
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0021| (1) qualifying for placement on the general
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0022| election ballot after having received funds pursuant to that
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0023| act during the primary campaign or having met the
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0024| qualifications for funding during the primary campaign except
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0025| for the requirement that candidates be opposed by another
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0001| candidate for the same position; and
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0002| (2) agreeing in writing to the following
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0003| terms and conditions:
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0004| (a) to limit campaign expenditures to
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0005| qualifying expenditures as provided in the Public Regulation
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0006| Commission Public Financing Act;
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0007| (b) to limit the amount of general
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0008| election campaign expenditures to the amount received from the
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0009| fund;
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0010| (c) to not solicit or accept any
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0011| general election campaign money except that provided from the
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0012| fund; and
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0013| (d) to return to the state treasurer
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0014| any unexpended money from the fund within twenty days after
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0015| the candidate ceases to be a candidate, becomes unopposed or
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0016| after the election is over with respect to those candidates
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0017| who remain qualified throughout the election.
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0018| B. No candidate shall be qualified to receive
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0019| money from the fund unless the candidate and at least one
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0020| other candidate for the same seat have qualified to have their
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0021| names on the ballot in the same election.
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0022| C. Qualification shall cease and unexpended money
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0023| received from the fund shall be returned to the state
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0024| treasurer in the event a candidate either ceases to be a
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0025| candidate or becomes unopposed during the election.
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0001| Section 8. [NEW MATERIAL] QUALIFYING EXPENDITURES.--
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0002| A. Money received from the fund may only be
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0003| expended on the following expenses attributable to campaign
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0004| activities:
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0005| (1) services for communication media,
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0006| including production costs;
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0007| (2) printing, photography, graphic arts or
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0008| advertising services;
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0009| (3) campaign office supplies;
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0010| (4) postage and other commercial delivery
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0011| services;
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0012| (5) meals, lodging and travel expenses for
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0013| the candidate and staff; and
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0014| (6) staff salaries.
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0015| B. Expenditures of money received from the fund
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0016| are subject to the reporting requirements of the Campaign
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0017| Reporting Act.
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0018| Section 9. [NEW MATERIAL] CAMPAIGN CONTRIBUTION
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0019| LIMITS--RESTRICTIONS AND REQUIREMENTS--PROVIDING PENALTIES.--
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0020| A. Except as otherwise provided in this section, a
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0021| candidate shall not accept contributions in excess of two
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0022| hundred fifty dollars ($250) from a person other than himself.
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0023| B. A candidate may make contributions of any
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0024| amount of his personal funds to his campaign committee.
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0025| However, if a candidate contributes more than two thousand
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0001| five hundred dollars ($2,500) of his personal money to his
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0002| campaign, his opponent, or opponents on a prorated basis if
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0003| more than one in that specific election, shall receive the
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0004| amount from the fund that the candidate would have received.
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0005| In addition, if a candidate contributes his personal money in
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0006| excess of two thousand five hundred dollars ($2,500), the
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0007| restrictions in Subsection A of this section no longer apply
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0008| to his opponent.
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0009| C. To qualify for money from the fund, a candidate
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0010| shall file a declaration of voluntary compliance with the
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0011| provisions of the Public Regulation Commission Public
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0012| Financing Act with the secretary of state at the time the
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0013| candidate files his declaration of candidacy or nominating
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0014| petition. The declaration shall state whether the candidate
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0015| agrees to be bound by the provisions of that act to be
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0016| entitled to qualify for money from the fund. Once filed, the
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0017| declaration of voluntary compliance cannot be withdrawn,
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0018| rescinded or changed.
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0019| D. If a candidate files a declaration of voluntary
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0020| compliance, he shall not exceed the expenditure limits set
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0021| forth in the Public Regulation Commission Public Financing
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0022| Act. If a candidate in a primary election violates his
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0023| declaration of voluntary compliance, then his name shall not
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0024| be printed on the general election ballot unless he pays,
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0025| within forty-five days after the primary election, a fine of
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0001| three times the amount by which he exceeded the limit. If a
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0002| candidate in a general election violates his declaration of
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0003| voluntary compliance, then he shall not receive his
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0004| certificate of election unless he pays a fine of five times
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0005| the amount by which he exceeded the limit. Money paid
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0006| pursuant to this subsection shall be deposited in the general
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0007| fund.
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0008| Section 10. Section 1-8-25 NMSA 1978 (being Laws 1969,
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0009| Chapter 240, Section 170, as amended) is amended to read:
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0010| "1-8-25. PRIMARY ELECTION LAW--DECLARATION OF
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0011| CANDIDACY--PROPER FILING OFFICER.--The proper filing officer
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0012| for filing declarations of candidacy is:
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0013| A. the secretary of state for the offices of:
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0014| (1) United States senator;
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0015| (2) United States representative;
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0016| (3) all state elective offices;
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0017| (4) public regulation commissioners elected
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0018| from districts;
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0019| [(4)] (5) legislative offices elected
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0020| from multicounty districts;
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0021| [(5)] (6) all elective judicial offices
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0022| in the judicial department, except magistrates; and
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0023| [(6)] (7) all offices representing a
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0024| district composed of more than one county; and
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0025| B. the county clerk for the offices of:
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0001| (1) all elective county offices;
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0002| (2) magistrates; and
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0003| (3) legislative offices elected from a
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0004| district located wholly within one county or which is composed
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0005| of only one county."
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0006| Section 11. Section 1-8-26 NMSA 1978 (being Laws 1975,
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0007| Chapter 295, Section 12, as amended) is amended to read:
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0008| "1-8-26. PRIMARY ELECTION LAW--TIME OF FILING--DOCUMENTS
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0009| NECESSARY TO QUALIFY FOR BALLOT--CHALLENGE.--
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0010| A. Declarations of candidacy by preprimary
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0011| convention designation for any statewide office, [or for the
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0012| office of] United States representative or public regulation
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0013| commission and declarations of candidacy for retention of a
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0014| justice of the supreme court or judge of the court of appeals
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0015| shall be filed with the proper filing officer on the second
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0016| Tuesday in February of each even-numbered year between the
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0017| hours of 9:00 a.m. and 5:00 p.m.
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0018| B. Declarations of candidacy for any other office
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0019| and declarations of candidacy for retention for all affected
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0020| district judicial offices shall be filed with the proper
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0021| filing officer on the third Tuesday of March of each even-
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0022| numbered year between the hours of 9:00 a.m. and 5:00 p.m.
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0023| C. Certificates of designation shall be submitted
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0024| to the secretary of state on the first Tuesday following the
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0025| preprimary convention at which the candidate's designation
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0001| took place between the hours of 9:00 a.m. and 5:00 p.m.
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0002| D. No candidate's name shall be placed on the
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0003| ballot until the candidate has been notified in writing by the
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0004| proper filing officer that the declaration of candidacy, the
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0005| petition and the certificate of registration of the candidate
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0006| on file are in proper order and that the candidate, based on
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0007| those documents, is qualified to have his name placed on the
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0008| ballot. The proper filing officer shall mail the notice no
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0009| later than 5:00 p.m. on the Tuesday following the filing date.
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0010| E. If a candidate is notified by the proper filing
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0011| officer that he is not qualified to have his name appear on
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0012| the ballot, the candidate may challenge that decision by
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0013| filing a petition with the district court within ten days of
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0014| the notification. The district court shall hear and render a
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0015| decision on the matter within ten days after the petition is
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0016| filed."
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0017| Section 12. Section 1-8-33 NMSA 1978 (being Laws 1973,
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0018| Chapter 228, Section 7, as amended) is amended to read:
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0019| "1-8-33. PRIMARY ELECTION LAW--NOMINATING PETITION--
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0020| NUMBER OF SIGNATURES REQUIRED.--
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0021| A. As used in this section, "total vote" means the
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0022| sum of all votes cast for all of the party's candidates for
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0023| governor at the last preceding primary election at which the
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0024| party's candidate for governor was nominated.
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0025| B. Candidates who seek preprimary convention
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0001| designation shall file nominating petitions at the time of
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0002| filing declarations of candidacy. Nominating petitions for
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0003| those candidates shall be signed by a number of voters equal
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0004| to at least two percent of the total vote of the candidate's
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0005| party in the state or congressional district, or the following
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0006| number of voters, whichever is greater: for statewide
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0007| offices, two hundred thirty voters; [and] for congressional
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0008| candidates, seventy-seven voters; and for public regulation
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0009| commission, fifty voters.
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0010| C. Nominating petitions for candidates for any
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0011| other office to be voted on at the primary election for which
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0012| nominating petitions are required shall be signed by a number
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0013| of voters equal to at least three percent of the total vote of
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0014| the candidate's party in the district or division, or the
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0015| following number of voters, whichever is greater: for
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0016| metropolitan court and magistrate courts, ten voters; for the
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0017| state board of education, twenty-five voters; for state
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0018| representative, ten voters; for state senator, seventeen
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0019| voters; and for district attorney and district judge, fifteen
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0020| voters.
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0021| D. A candidate who fails to receive the preprimary
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0022| convention designation that he sought may collect additional
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0023| signatures to total at least four percent of the total vote of
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0024| the candidate's party in the state or congressional district,
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0025| whichever applies to the office he seeks, and file a new
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0001| declaration of candidacy and nominating petitions for the
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0002| office for which he failed to receive a preprimary
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0003| designation. The declaration of candidacy and nominating
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0004| petitions shall be filed with the secretary of state either
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0005| ten days following the date of the preprimary convention at
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0006| which he failed to receive the designation or on the date all
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0007| declarations of candidacy and nominating petitions are due
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0008| pursuant to the provisions of the Primary Election Law,
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0009| whichever is later."
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0010| Section 13. Section 1-8-36.1 NMSA 1978 (being Laws 1981,
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0011| Chapter 156, Section 1, as amended) is amended to read:
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0012| "1-8-36.1. PRIMARY ELECTION LAW--WRITE-IN CANDIDATES.--
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0013| A. Write-in candidates are permitted in the
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0014| primary election only for the offices of United States
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0015| representative, public regulation commission, members of the
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0016| legislature, district judges, district attorneys, state board
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0017| of education, magistrates and any office voted upon by all
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0018| voters of the state.
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0019| B. A person may be a write-in candidate only for
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0020| nomination by the major political party with which he is
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0021| affiliated as shown by his certificate of registration, and
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0022| such person shall have the qualifications to be a candidate in
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0023| the primary election for the political party for which he is a
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0024| write-in candidate.
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0025| C. A person desiring to be a write-in candidate
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0001| for one of the offices listed in Subsection A of this section
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0002| in the primary election shall file with the proper filing
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0003| officer a declaration of intent to be a write-in candidate.
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0004| Such declaration of intent shall be filed before 5:00 p.m. on
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0005| the second Tuesday in March.
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0006| D. A write-in vote shall be counted and canvassed
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0007| only if:
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0008| (1) the name written in is the name of a
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0009| declared write-in candidate and shows two initials and last
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0010| name; first name, middle initial or name and last name; first
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0011| and last name; or the full name as it appears on the
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0012| declaration of intent to be a write-in candidate and
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0013| misspellings of the above combinations that can be reasonably
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0014| determined by a majority of the members of the precinct board
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0015| to identify a declared write-in candidate; and
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0016| (2) the name is written in the proper slot on
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0017| the voting machine or on the proper line provided on an
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0018| absentee ballot or emergency paper ballot for write-in votes
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0019| for the office for which the candidate has filed a declaration
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0020| of intent.
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0021| E. At the time of filing the declaration of intent
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0022| to be a write-in candidate, the write-in candidate shall be
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0023| considered a candidate for all purposes and provisions
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0024| relating to candidates in the Election Code, including the
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0025| obligations to report under the Campaign Reporting Act, except
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0001| that he shall not be entitled to have his name printed on the
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0002| ballot.
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0003| F. No unopposed write-in candidate shall have his
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0004| nomination certified unless he receives at least the number of
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0005| write-in votes in the primary election as he would need
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0006| signatures on a nominating petition pursuant to the
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0007| requirements set out in Section 1-8-33 NMSA 1978.
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0008| G. A write-in vote shall be cast by writing in the
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0009| name. As used in this section, "write-in" does not include
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0010| the imprinting of any name by rubber stamp or similar device
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0011| or the use of preprinted stickers or labels."
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0012| Section 14. Section 1-8-39.1 NMSA 1978 (being Laws 1993,
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0013| Chapter 55, Section 10) is amended to read:
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0014| "1-8-39.1. DECLARATION OF PREPRIMARY DESIGNATION--
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0015| CERTIFICATION BY SECRETARY OF STATE.--
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0016| A. Not later than six days after the dates for
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0017| filing declarations of candidacy by preprimary convention
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0018| designation, the secretary of state shall certify to the
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0019| chairman of each state political party the names of that
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0020| party's candidates for office of United States representative,
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0021| public regulation commission or for other statewide office
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0022| who have filed their declarations of candidacy by convention
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0023| designation and have otherwise complied with the requirements
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0024| of the Primary Election Law.
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0025| B. No person shall be placed in nomination at the
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0001| convention unless he has been certified by the secretary of
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0002| state."
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0003| Section 15. Section 1-8-43 NMSA 1978 (being Laws 1969,
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0004| Chapter 240, Section 180, as amended) is amended to read:
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0005| "1-8-43. PRIMARY ELECTION LAW--ORDER OF CANDIDATES ON
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0006| BALLOT.--
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0007| A. Candidates designated and certified by state
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0008| convention for a statewide office, [or] the office of United
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0009| States representative or public regulation commission shall
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0010| be placed on the primary election ballot in the order of the
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0011| vote received at the state convention. The candidate
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0012| receiving the highest vote shall be placed first in order on
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0013| the ballot, followed by the candidate receiving the next
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0014| highest vote, and so on until all the candidates designated
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0015| for that office have been placed on the ballot, provided that
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0016| the names of two or more candidates receiving an equal number
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0017| of votes for designation by convention for the same office
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0018| shall be placed on the primary ballot in the order determined
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0019| by lot. Names of candidates for statewide office, [or] the
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0020| office of United States representative or public regulation
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0021| commission who do not receive preprimary convention
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0022| designation but who are qualified candidates by declaration of
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0023| candidacy shall be placed on the ballot as determined by lot
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0024| following convention designated candidates.
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0025| B. The names of candidates for any other office in
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0001| the primary election who are candidates by declaration of
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0002| candidacy shall be arranged on the ballot as determined by
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0003| lot.
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0004| C. The determination by lot shall be made
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0005| immediately following the closing time for filing declarations
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0006| of candidacy and all candidates or their agents shall be
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0007| entitled to be present at such time.
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0008| D. The order of preference for position on the
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0009| ballot shall be first, the top name position on the left-hand
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0010| column for each office, and thereafter, consecutively down
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0011| each name position in that column to the last name position.
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0012| If the number of candidates filing for the office so requires,
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0013| the order of preference shall continue consecutively from the
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0014| top name position on the left-hand column to the top name
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0015| position on the right-hand column, thence to the second name
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0016| position on the left-hand column, then to the second name
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0017| position on the right-hand column and thereafter continuing in
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0018| the same manner until all the candidates are positioned on the
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0019| ballot."
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0020| Section 16. TEMPORARY PROVISION--TRANSFER OF FUND.--When
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0021| the Public Regulation Commission Public Financing Act is
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0022| repealed, unexpended or unencumbered balances remaining in the
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0023| public regulation commission campaign fund shall be
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0024| transferred to the general fund.
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0025| Section 17. APPROPRIATION--LOAN.--Three hundred thousand
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0001| dollars ($300,000) is appropriated from the general fund to
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0002| the public regulation commission campaign fund to provide
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0003| initial funding for the public financing of candidates for the
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0004| public regulation commission. This appropriation shall be
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0005| considered a loan from the general fund, and the state
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0006| treasurer shall repay the general fund as soon as practicable
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0007| from money deposited in the public regulation commission
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0008| campaign fund.
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0009| Section 18. DELAYED REPEAL.--The Public Regulation
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0010| Commission Public Financing Act is repealed on January 1,
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0011| 2005.
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0012| Section 19. APPLICABILITY.--This act applies to primary
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0013| and general elections in and after 1998.
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0014| Section 20. EMERGENCY.--It is necessary for the public
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0015| peace, health and safety that this act take effect
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0016| immediately.
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0017|
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