NM
New Mexico House Bill HB103

New Mexico 2023 Regular Session

New Mexico House Bill HB103 Compare Versions

Only one version of the bill is available at this time.
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2828 HOUSE BILL 103
2929 56
3030 TH LEGISLATURE
3131 -
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3333 STATE
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3535 OF
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3737 NEW
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3939 MEXICO
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4242 FIRST SESSION
4343 ,
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4545 2023
4646 INTRODUCED BY
4747 Matthew McQueen
4848 AN ACT
4949 RELATING TO CAMPAIGN PRACTICES; AMENDING THE CAMPAIGN REPORTING
5050 ACT; REVISING THE REPORTING SCHEDULE FOR EXPENDITURES AND
5151 CONTRIBUTIONS; STANDARDIZING THE SUPPLEMENTAL REPORTING
5252 REQUIREMENTS FOR ALL ELECTIONS TO INCLUDE ANY CONTRIBUTION OR
5353 PLEDGE FOR ONE THOUSAND DOLLARS ($1,000) OR MORE; REQUIRING THE
5454 REPORTING OF MONETARY CONTRIBUTIONS RECEIVED DURING THE
5555 LEGISLATIVE SESSION FUNDRAISING PROHIBITION PERIOD.
5656 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5757 SECTION 1. Section 1-19-29 NMSA 1978 (being Laws 1993,
5858 Chapter 46, Section 5, as amended) is amended to read:
5959 "1-19-29. TIME AND PLACE OF FILING REPORTS.--
6060 A. Except as otherwise provided in this section,
6161 all reporting individuals shall file with the secretary of
6262 state no later than the second [Monday in April and October ]
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9090 Tuesday after the first Monday in June and January 7 a report
9191 of all expenditures made and contributions received on or
9292 before the first [Monday in those months ] Tuesday after the
9393 first Monday in June and December 31, respectively , and not
9494 previously reported. The report shall be filed biannually
9595 until the provisions specified in Subsection [F, G or H ] G, H
9696 or I of this section have been satisfied.
9797 B. In an election year, instead of the biannual
9898 reports provided for in Subsection A of this section, all
9999 reporting individuals, except for public officials who are not
100100 candidates in an election that year, shall file reports of all
101101 expenditures made and contributions received or, if applicable,
102102 statements of no activity, according to the following schedule:
103103 (1) no later than the second Monday in April,
104104 a report of all expenditures made and contributions received on
105105 or before the first Monday in April and not previously
106106 reported;
107107 (2) no later than the second Monday in May, a
108108 report of all expenditures made and contributions received on
109109 or before the first Monday in May and not previously reported;
110110 (3) no later than the second Monday in
111111 September, a report of all expenditures made and contributions
112112 received on or before the first Monday in September and not
113113 previously reported;
114114 (4) no later than the second Monday in
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143143 October, a report of all expenditures made and contributions
144144 received on or before the first Monday in October and not
145145 previously reported; provided that if the second Monday of
146146 October is a state holiday, the report shall be made on the
147147 following day;
148148 (5) no later than the Thursday before a
149149 primary, general or statewide special election, a report of all
150150 expenditures made and contributions received by 5:00 p.m. on
151151 the Tuesday before the election and not previously reported.
152152 Any contribution or pledge to contribute that is received after
153153 5:00 p.m. on the Tuesday before the election and that is for
154154 [more than] one thousand dollars ($1,000) [in a nonstatewide
155155 election, or more than three thousand dollars ($3,000) in a
156156 statewide election] or more shall be reported to the secretary
157157 of state either in a supplemental report on a prescribed form
158158 within twenty-four hours of receipt or in the report to be
159159 filed no later than the Thursday before a primary, general or
160160 statewide special election, except that any such contribution
161161 or pledge to contribute that is received after 5:00 p.m. on the
162162 Friday before the election may be reported by 12:00 noon on the
163163 Monday before the election;
164164 (6) no later than the [thirtieth ] seventh day
165165 after a primary election, a report by all reporting
166166 individuals, except those individuals that become candidates
167167 after the primary election, of all expenditures made and
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196196 contributions received on or before the [twenty-fifth day
197197 after] day of the primary election and not previously reported;
198198 (7) no later than the thirtieth day after a
199199 statewide special election, a report of all expenditures made
200200 and contributions received on or before the twenty-fifth day
201201 after the statewide special election and not previously
202202 reported; [and]
203203 (8) no later than the seventh day after a
204204 general election, a report of all expenditures made and
205205 contributions received on or before the day of the general
206206 election and not previously reported; and
207207 [(8)] (9) no later than January 7 after a
208208 general election, a report of all expenditures made and
209209 contributions received on or before December 31 after the
210210 general election and not previously reported.
211211 C. If a reporting individual is subject to the
212212 legislative session fundraising prohibition of Section
213213 1-19-34.1 NMSA 1978 and receives monetary contributions during
214214 a prohibited period, the reporting individual shall file a
215215 report of all of the monetary contributions received but not
216216 returned during the prohibited period no later than the seventh
217217 day after the ending of the prohibited period.
218218 [C.] D. If a candidate, political committee,
219219 campaign committee or public official has not received any
220220 contributions and has not made any expenditures since the
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249249 candidate's, committee's or official's last report was filed
250250 with the proper filing officer, the candidate, committee or
251251 official shall only be required to file a statement of no
252252 activity, which shall not be required to be notarized, in lieu
253253 of a full report when that report would otherwise be due and
254254 shall not be required to file a full report until the next
255255 required filing date occurring after an expenditure is made or
256256 a contribution is received.
257257 [D.] E. In an election year, a public official who
258258 is not a candidate shall file biannual reports of expenditures
259259 made and contributions received or statements of no activity in
260260 accordance with the schedule provided for in Subsection A of
261261 this section.
262262 [E.] F. A report of expenditures and contributions
263263 filed after a deadline set forth in this section shall not be
264264 deemed to have been timely filed.
265265 [F.] G. Except for candidates, campaign committees
266266 and public officials who file a statement of no activity, each
267267 candidate, campaign committee or public official shall file a
268268 report of expenditures and contributions pursuant to the filing
269269 schedules set forth in this section, regardless of whether any
270270 expenditures were made or contributions were received during
271271 the reporting period. Reports shall be required until the
272272 reporting individual delivers a report to the secretary of
273273 state stating that:
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302302 (1) there are no outstanding campaign debts;
303303 (2) all money has been expended in accordance
304304 with the provisions of Section 1-19-29.1 NMSA 1978; and
305305 (3) the bank accounts have been closed.
306306 [G.] H. If, during a nonelection year, a political
307307 committee has not received any contributions or made any
308308 coordinated or independent expenditures since it filed its last
309309 report pursuant to this section, it need not file any report
310310 under this section until the next reporting period, if any, in
311311 which it receives contributions or makes expenditures. A
312312 political committee that has not received any contributions or
313313 made any coordinated or independent expenditures for a
314314 continuous period of at least one year may cancel its
315315 registration as a political committee by submitting an
316316 appropriate request in writing to the secretary of state. The
317317 committee shall retain the obligation to submit a new
318318 registration pursuant to Section 1-19-26.1 NMSA 1978 in the
319319 event that its future activities meet the requisites for
320320 registration under that section.
321321 [H.] I. A reporting individual who is a candidate
322322 within the meaning of the Campaign Reporting Act because of the
323323 amount of contributions the candidate receives or expenditures
324324 the candidate makes and who does not ultimately file a
325325 declaration of candidacy or a nominating petition with the
326326 secretary of state and does not file a statement of no activity
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355355 shall file biannual reports in accordance with Subsection A of
356356 this section.
357357 [I.] J. Reports required by this section shall be
358358 subscribed and sworn to by the candidate or the treasurer of
359359 the political committee or, in the case of candidates for
360360 judicial office, by the treasurer of the candidate's campaign
361361 committee. A report filed electronically shall be
362362 electronically authenticated by the candidate or the treasurer
363363 of the committee using an electronic signature in conformance
364364 with the Electronic Authentication of Documents Act and the
365365 Uniform Electronic Transactions Act. For the purposes of the
366366 Campaign Reporting Act, a report that is electronically
367367 authenticated in accordance with the provisions of this
368368 subsection shall be deemed to have been subscribed and sworn to
369369 by the candidate or the treasurer of the committee who was
370370 required to file the report.
371371 [J.] K. Reports required by this section shall be
372372 filed electronically by all reporting individuals.
373373 [K.] L. Reporting individuals may apply to the
374374 secretary of state for exemption from electronic filing in case
375375 of hardship, which shall be defined by the secretary of state."
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