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HOUSE BILL 103
56
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2023
INTRODUCED BY
Matthew McQueen
AN ACT
RELATING TO CAMPAIGN PRACTICES; AMENDING THE CAMPAIGN REPORTING
ACT; REVISING THE REPORTING SCHEDULE FOR EXPENDITURES AND
CONTRIBUTIONS; STANDARDIZING THE SUPPLEMENTAL REPORTING
REQUIREMENTS FOR ALL ELECTIONS TO INCLUDE ANY CONTRIBUTION OR
PLEDGE FOR ONE THOUSAND DOLLARS ($1,000) OR MORE; REQUIRING THE
REPORTING OF MONETARY CONTRIBUTIONS RECEIVED DURING THE
LEGISLATIVE SESSION FUNDRAISING PROHIBITION PERIOD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-19-29 NMSA 1978 (being Laws 1993,
Chapter 46, Section 5, as amended) is amended to read:
"1-19-29. TIME AND PLACE OF FILING REPORTS.--
A. Except as otherwise provided in this section,
all reporting individuals shall file with the secretary of
state no later than the second [Monday in April and October ]
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Tuesday after the first Monday in June and January 7 a report
of all expenditures made and contributions received on or
before the first [Monday in those months ] Tuesday after the
first Monday in June and December 31, respectively , and not
previously reported. The report shall be filed biannually
until the provisions specified in Subsection [F, G or H ] G, H
or I of this section have been satisfied.
B. In an election year, instead of the biannual
reports provided for in Subsection A of this section, all
reporting individuals, except for public officials who are not
candidates in an election that year, shall file reports of all
expenditures made and contributions received or, if applicable,
statements of no activity, according to the following schedule:
(1) no later than the second Monday in April,
a report of all expenditures made and contributions received on
or before the first Monday in April and not previously
reported;
(2) no later than the second Monday in May, a
report of all expenditures made and contributions received on
or before the first Monday in May and not previously reported;
(3) no later than the second Monday in
September, a report of all expenditures made and contributions
received on or before the first Monday in September and not
previously reported;
(4) no later than the second Monday in
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October, a report of all expenditures made and contributions
received on or before the first Monday in October and not
previously reported; provided that if the second Monday of
October is a state holiday, the report shall be made on the
following day;
(5) no later than the Thursday before a
primary, general or statewide special election, a report of all
expenditures made and contributions received by 5:00 p.m. on
the Tuesday before the election and not previously reported.
Any contribution or pledge to contribute that is received after
5:00 p.m. on the Tuesday before the election and that is for
[more than] one thousand dollars ($1,000) [in a nonstatewide
election, or more than three thousand dollars ($3,000) in a
statewide election] or more shall be reported to the secretary
of state either in a supplemental report on a prescribed form
within twenty-four hours of receipt or in the report to be
filed no later than the Thursday before a primary, general or
statewide special election, except that any such contribution
or pledge to contribute that is received after 5:00 p.m. on the
Friday before the election may be reported by 12:00 noon on the
Monday before the election;
(6) no later than the [thirtieth ] seventh day
after a primary election, a report by all reporting
individuals, except those individuals that become candidates
after the primary election, of all expenditures made and
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contributions received on or before the [twenty-fifth day
after] day of the primary election and not previously reported;
(7) no later than the thirtieth day after a
statewide special election, a report of all expenditures made
and contributions received on or before the twenty-fifth day
after the statewide special election and not previously
reported; [and]
(8) no later than the seventh day after a
general election, a report of all expenditures made and
contributions received on or before the day of the general
election and not previously reported; and
[(8)] (9) no later than January 7 after a
general election, a report of all expenditures made and
contributions received on or before December 31 after the
general election and not previously reported.
C. If a reporting individual is subject to the
legislative session fundraising prohibition of Section
1-19-34.1 NMSA 1978 and receives monetary contributions during
a prohibited period, the reporting individual shall file a
report of all of the monetary contributions received but not
returned during the prohibited period no later than the seventh
day after the ending of the prohibited period.
[C.] D. If a candidate, political committee,
campaign committee or public official has not received any
contributions and has not made any expenditures since the
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candidate's, committee's or official's last report was filed
with the proper filing officer, the candidate, committee or
official shall only be required to file a statement of no
activity, which shall not be required to be notarized, in lieu
of a full report when that report would otherwise be due and
shall not be required to file a full report until the next
required filing date occurring after an expenditure is made or
a contribution is received.
[D.] E. In an election year, a public official who
is not a candidate shall file biannual reports of expenditures
made and contributions received or statements of no activity in
accordance with the schedule provided for in Subsection A of
this section.
[E.] F. A report of expenditures and contributions
filed after a deadline set forth in this section shall not be
deemed to have been timely filed.
[F.] G. Except for candidates, campaign committees
and public officials who file a statement of no activity, each
candidate, campaign committee or public official shall file a
report of expenditures and contributions pursuant to the filing
schedules set forth in this section, regardless of whether any
expenditures were made or contributions were received during
the reporting period. Reports shall be required until the
reporting individual delivers a report to the secretary of
state stating that:
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(1) there are no outstanding campaign debts;
(2) all money has been expended in accordance
with the provisions of Section 1-19-29.1 NMSA 1978; and
(3) the bank accounts have been closed.
[G.] H. If, during a nonelection year, a political
committee has not received any contributions or made any
coordinated or independent expenditures since it filed its last
report pursuant to this section, it need not file any report
under this section until the next reporting period, if any, in
which it receives contributions or makes expenditures. A
political committee that has not received any contributions or
made any coordinated or independent expenditures for a
continuous period of at least one year may cancel its
registration as a political committee by submitting an
appropriate request in writing to the secretary of state. The
committee shall retain the obligation to submit a new
registration pursuant to Section 1-19-26.1 NMSA 1978 in the
event that its future activities meet the requisites for
registration under that section.
[H.] I. A reporting individual who is a candidate
within the meaning of the Campaign Reporting Act because of the
amount of contributions the candidate receives or expenditures
the candidate makes and who does not ultimately file a
declaration of candidacy or a nominating petition with the
secretary of state and does not file a statement of no activity
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shall file biannual reports in accordance with Subsection A of
this section.
[I.] J. Reports required by this section shall be
subscribed and sworn to by the candidate or the treasurer of
the political committee or, in the case of candidates for
judicial office, by the treasurer of the candidate's campaign
committee. A report filed electronically shall be
electronically authenticated by the candidate or the treasurer
of the committee using an electronic signature in conformance
with the Electronic Authentication of Documents Act and the
Uniform Electronic Transactions Act. For the purposes of the
Campaign Reporting Act, a report that is electronically
authenticated in accordance with the provisions of this
subsection shall be deemed to have been subscribed and sworn to
by the candidate or the treasurer of the committee who was
required to file the report.
[J.] K. Reports required by this section shall be
filed electronically by all reporting individuals.
[K.] L. Reporting individuals may apply to the
secretary of state for exemption from electronic filing in case
of hardship, which shall be defined by the secretary of state."
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