SB 85 — CAMPAIGN FINANCE CHANGES

e te 17h n d d i = = o h (1) by a person other than a candidate or w l n] db 18,d i a º e campaign committee;

=r i = 19r t e w d (2) at the request or suggestion of, or in am l i a en ro 20d cooperation, consultation or concert with, a candidate, a t m m: 21 campaign committee or political party or any agent or d r e 22 representative of a candidate, campaign committee or political c e s k 23 party;

andb e d s º o t n = .229060.1AIC February 12, 2025 (8:36pm) s k m e - 5 - e a n be 24d (3)r fore thel purposeu of:[ A d cooperation, consultation or concert with, a candidate, campaign committee or political party or any agent or representative of a candidate, campaign committee or political party;

uand [(3) (a)for supporting or opposing the .229060.1purpose -of: 5 - nomination or election of a candidate;

(a) supporting or opposing the nomination or election of a candidate;

"depicted individual" means an individual whose h image, photo, likeness or voice is represented in an u » r advertisement or other media in such a manner that results in t h g e the individual being identifiable;

14l i h r i s M.

"distribution platform" means a website, h , e h internet forum or message board, application or a published t u g e b l newspaper, magazine or other periodical of general circulation, e te 17, gh n d d i = = o h including an internet or electronic publication, that carries w l n] db 18,d i a º r news and commentary;

=e r = 19t e w d N.

"election" means any primary, general or am l i a en ro 20d statewide special election in New Mexico and includes county a t m m: 21 and judicial retention elections but excludes federal, d r e 22 municipal, school board and special district elections;

cb r e t º o t n = .229060.1AIC February 12, 2025 (8:36pm) s k 23m O.e - 6 - e a n e d r e l u [ A d statewide special election in New Mexico and includes county and judicial retention elections but excludes federal, municipal, school board and special district elections;

"electionO. year" means an even-numbered year in e a n b 24 which an election covered by the Campaign Reporting Act is u [ held;

.229060.1"election -year" 6means -an P.even-numbered year in which an election covered by the Campaign Reporting Act is held;

"expenditure"Sfl1ºP. means a payment, transfer or distribution or obligation or promise to pay, transfer or distribute any money or other thing of value, [for a political purpose] including payment of a debt incurred in an election campaign or pre-primary convention:

"electronic communication" means any form of communication that is broadcast, transmitted, stored or viewed using electronic media;»Sfl1 Sfl1º P.»Sfl1 Sfl1ºQ.»Sfl1 "expenditure" means a payment, transfer or distribution or obligation or promise to pay, transfer or distribute any money or other thing of value, [for a political purpose ] including payment of a debt incurred in an election campaign or pre-primary convention:

h (2) by a public official or candidate in g o support of the public official's or candidate's campaign for t hr g e i k office in an election covered by the Campaign Reporting Act;

or h r i s (3) to pay for an advertisement that refers to h , t, a candidate or ballot question;

Q.e u g e b l e e h Sfl1ºQ.»Sfl1 Sfl1ºR.»Sfl1 "independent n d d i = = o h expenditure" means an expenditure that is:

"independentl expenditure"] meansb an,d expenditurei 14a thatº is:e (1) made by a person other than a candidate or r i = r t e w d m a n o campaign committee;

(1)d madem by: a person other than a candidate or campaign committee;

b e d s º o t 17n (2)= not.229060.1AIC February 12, 2025 (8:36pm) s k m e - 7 - e a coordinatedn expendituree asd definedr we l nu [ A d 18(2) not a coordinated expenditure as defined in the Campaign Reporting Act;

and = = 19 (3) made to pay for an advertisement that:

a l i a e r 20 (a) expressly advocates the election or a t m m 21 defeat of a clearly identified candidate or the passage or d r e 22 defeat of a clearly identified ballot question;

c e s k 23 (b) is susceptible to no other e a n b 24 reasonable interpretation than as an appeal to vote for or u [ against a clearly identified candidate or ballot question;

or .229060.1 - 7 - (c) refers to a clearly identified candidate or ballot question and is published and disseminated to the relevant electorate in New Mexico within thirty days before the primary election or sixty days before the general election at which the candidate or ballot question is on the ballot;

R.Sfl1º R.»Sfl1 Sfl1ºS.»Sfl1 "legislative caucus h committee" means a political committee established by the g o members of a political party in a chamber of the legislature;

"legislativet caucushr committee"g meanse ai politicalk committeeSfl1ºS.»Sfl1 establishedSfl1ºT.»Sfl1 by"materially thedeceptive membersh ofr ai politicals partymedia" inmeans aan chamberimage, ofvideo theor legislature;audio that:

S.h , t, (1) depicts an individual engaged in conduct e u g e b l e e h or speech in which the depicted individual did not engage;

"materiallyn deceptived media"d meansi an= image,= videoo h (2) was published, disseminated, distributed l ] b ,d i a º e or audiodisplayed that:to the public without the consent of the depicted r i = r t e w d individual;

(1)and depictsm ana individualn engagedo ind conductm or: speech in which the depicted individual did not engage;

14b (2)e wasd published,s disseminated,º distributedo ort displayedn to= the.229060.1AIC publicFebruary without12, the2025 consent(8:36pm) ofs thek depictedm individual;e - 8 - e a n e d r e l u [ A d (3) was produced in whole or in part by using artificial intelligence;

andSfl1º eT.»Sfl1 tSfl1ºU.»Sfl1 17"person" (3)means wasan producedindividual in whole or inentity; part by using w l n d 18 artificial intelligence;

=Sfl1ºU.»Sfl1 =Sfl1ºV.»Sfl1 19"political T.committee" means:

"person"(1) meansa anpolitical individualparty; or entity;

a(2) l i a elegislative rcaucus 20committee; U.

"political(3) committee"an means:association that consists of two or more persons whose primary purpose is to make contributions to candidates, campaign committees or political committees or make coordinated expenditures or any combination thereof;

aor t(4) man massociation 21that (1)consists aof politicaltwo party;or more persons whose primary purpose is to make independent expenditures and that has received more than five thousand dollars ($5,000) in contributions or made independent h expenditures of more than five thousand dollars ($5,000) in the g o election cycle;

dt rhr g e 22i (2)k Sfl1º V.»Sfl1 Sfl1ºW.»Sfl1 "political party" means h r i s an association that has qualified as a legislativepolitical caucusparty committee;pursuant h , t, to the provisions of Section 1-7-2 NMSA 1978;

c e su kg 23e (3)b anl associatione thate consistsh ofSfl1ºW.»Sfl1 twoSfl1ºX.»Sfl1 or"political epurpose" a n bd 24d morei persons= whose= primaryo purposeh ismeans tofor makethe contributionspurpose toof usupporting [or candidates,opposing campaigna committeesballot orl political] committeesb or,d makei .229060.1a -º 8e -question coordinatedor expendituresthe nomination or anyelection combinationof thereof;a candidate;

orr (4)i an= associationr thatt consistse ofw twod orSfl1ºX.»Sfl1 moreSfl1ºY.»Sfl1 persons"prescribed whoseform" primarymeans purposem isa ton makeo independentd expendituresm and: that has received more than five thousand dollars ($5,000) in contributions or made independent expenditures of more than five thousand dollars ($5,000) in the election cycle;

V.b e d s º o t n = .229060.1AIC February 12, 2025 (8:36pm) s k m e - 9 - e a n e d r e l u [ A d a form or electronic format prepared and prescribed by the secretary of state;

"politicalSfl1º party"Y.»Sfl1 Sfl1ºZ.»Sfl1 "public official" means a person elected to an associationoffice thatin hasan qualifiedelection ascovered aby politicalthe partyCampaign pursuantReporting Act or a person appointed to thean provisionsoffice ofthat Sectionis 1-7-2subject NMSAto 1978;an election covered by that act;

W.and Sfl1º Z.»Sfl1 Sfl1ºAA.»Sfl1 "reporting individual" means a public official, candidate or treasurer of a campaign committee or a treasurer of a political committee." SECTION 2.

"politicalSection purpose"1-19-26.3 meansNMSA for1978 the(being purposeLaws of2002, supportingChapter or89, opposingSection a1) ballotis questionamended orto theread: nomination or election of a candidate;

14"1-19-26.3. X.

"prescribedCAMPAIGN form"COMMITTEE meansAND aPOLITICAL formCOMMITTEE orEXPENDITURES--DISCLOSURE--TELEPHONE electronicCALLS formatOR preparedELECTRONIC andCOMMUNICATIONS--RECORDS.-- prescribedA. by the secretary of state;

Y.A campaign committee or political committee that is required to register pursuant to the Campaign Reporting Act h shall not expend campaign or political committee funds to, g o directly or indirectly, pay for a telephone call or electronic t hr g e i k communication without disclosing to the recipient the name of h r i s the organization that authorized or paid for the call or h , t, electronic communication if the call or electronic e u g e b l e e h communication:

"publicn official"d meansd ai person= elected= too anh e(1) tis 17one officeof infive anhundred electionor coveredmore bycalls theor Campaignl Reporting] Actb or,d wi la nº de 18electronic acommunications personthat appointedare tosimilar anin officenature thatmade isr subjecti to= r t e w d during an election =cycle =by 19an coveredindividual or individuals, or by thatm act;a n o d m :

andb ae ld is º o t n = .229060.1AIC February 12, 2025 (8:36pm) s k m e - 10 - e a n e d r 20e Z.l u [ A d electronic means;

"reporting individual" means a public official, a t m m 21 candidate or treasurer of a campaign committee or a treasurer d r e 22 of a political committee." c e s k 23 SECTION 2.

Section 1-19-26.3 NMSA 1978 (being Laws 2002, e a n b 24 Chapter 89, Section 1) is amended to read:

u [ "1-19-26.3.

CAMPAIGN COMMITTEE AND POLITICAL COMMITTEE .229060.1 - 9 - EXPENDITURES--DISCLOSURE--TELEPHONE CALLS OR ELECTRONIC COMMUNICATIONS--RECORDS.-- A.

A campaign committee or political committee that is required to register pursuant to the Campaign Reporting Act shall not expend campaign or political committee funds to, directly or indirectly, pay for a telephone call or electronic communication without disclosing to the recipient the name of the organization that authorized or paid for the call or electronic communication if the call or electronic communication:

(1) is one of five hundred or more calls or electronic communications that are similar in nature made during an election cycle by an individual or individuals, or by 14 electronic means;

e t 17 B.

The campaign committee or political committee w l n d 18 that pays for a call or electronic communication referred to in = = 19 Subsection A of this section shall be disclosed in the call or a l i a e r 20 electronic communication unless the organization that a t m m 21 authorized the call or electronic communication and in whose d r e 22 name it is placed has filing obligations pursuant to the c e s k 23 Campaign Reporting Act and the name announced in the call or e a n b 24 electronic communication is either:

u [ (1) the full name by which the organization or .229060.1 - 10 - individual is identified in any statement or report required to be filed pursuant to the Campaign Reporting Act;

h C.

A campaign committee or political committee that g o pays directly or indirectly for telephone calls or electronic t hr g e i k communications as described in Subsection A of this section h r i s shall maintain a record of the script of the calls or h , t, electronic communications for at least ninety days following e u g e b l election day.

If any of the calls or electronic communications e e h n d d i = = o h qualifying pursuant to Subsection A of this section are l ] b ,d i a º e recorded messages, a copy of the recording shall also be r i = r t e w d maintained for that period.

m a n o d m :

b e d s º o t n = .229060.1AIC February 12, 2025 (8:36pm) s k m e - 11 - e a n e d r e l u [ A d D.

A campaign committee or political committee may not contract with a phone bank vendor or electronic communication vendor that does not disclose the information required to be disclosed by Subsection A or B of this section." SECTION 3.

Section 1-19-27.3 NMSA 1978 (being Laws 2019, Chapter 262, Section 1) is amended to read:

"1-19-27.3.

INDEPENDENT EXPENDITURES--REPORTING REQUIREMENTS.-- A.

A person who makes an independent expenditure [not otherwise required to be reported under the Campaign Reporting Act] shall file a report with the secretary of state within:

(1) three days of making the expenditure if the expenditure, by itself or aggregated with all independent expenditures made by the same person during the election cycle, exceeds one thousand dollars ($1,000) in a nonstatewide h election or three thousand dollars ($3,000) in a statewide g o election;

or t hr g e i k (2) twenty-four hours of making the h r i s expenditure if the expenditure is in an amount of three h , t, thousand dollars ($3,000) or more and is made within seven days e u g e b l e e h before a nonstatewide or statewide election.

n d d i = = o h B.

The report required by Subsection A of this l ] b ,d i a º e section shall state:

r i = r t e w d (1) the name and address of the person who m a n o d m :

b e d s º o t n = .229060.1AIC February 12, 2025 (8:36pm) s k m e - 12 - e a n e d r e l u [ A d made the independent expenditure;

(2) the name and address of the person to whom the independent expenditure was made and the amount, date and purpose of the independent expenditure.

If no reasonable estimate of the monetary value of a particular expenditure is practicable, it is sufficient to report instead a description of the services, property or rights furnished through the expenditure;

and (3) the source of the contributions or donations used to make the independent expenditure as provided in Subsections C and D of this section.

A campaignperson committeewho ormakes politicalindependent committeeexpenditures thatrequired paysto directlybe reported under this section in an amount totaling three thousand dollars ($3,000) or indirectlyless forin telephonea callsnonstatewide election or electronicnine communicationsthousand asdollars described($9,000) or less in Subsectiona Astatewide election shall report the name and address of thish sectioneach shallperson maintainwho ahas recordmade contributions of themore scriptthan a total of u » r two hundred dollars ($200) in the callselection orcycle electronicthat communicationswere t h g e earmarked for ator leastmade ninetyin daysresponse followingto electiona day.solicitation to fund l i h r i s independent expenditures and shall report the amount of each h , e h such contribution made by that person.

Ift anyu ofg thee callsb orl electronicD. communications qualifying pursuant to Subsection A of this section are recorded messages, a copy of the recording shall also be maintained for that period.

14A D.person who makes independent expenditures e e , gh n d d i = = o h required to be reported under this section in an amount l ] b ,d i a º r totaling more than three thousand dollars ($3,000) in a e r = t e w d nonstatewide election or nine thousand dollars ($9,000) in a m a n o d m :

Ab campaignr committeee ort politicalº committeeo mayt notn contract= with.229060.1AIC aFebruary phone12, bank2025 vendor(8:36pm) ors electronick communicationm vendore that- does13 not- disclosee thea informationn e td 17r requirede tol beu disclosed[ byA Subsectiond Astatewide orelection, Bin ofaddition thisto section."reporting wthe linformation nspecified din 18Subsection SECTIONC 3.of this section, shall either:

Section(1) 1-19-27.3if NMSAthe 1978expenditures (beingwere Lawsmade 2019,exclusively =from =a 19segregated Chapterbank 262,account Sectionconsisting 1)only isof amendedfunds contributed to read:the account by individuals to be used for making independent expenditures, report the name and address of, and amount of each contribution made by, each contributor who contributed more than two hundred dollars ($200) to that account in the election cycle;

aor l(2) iif the expenditures were made in whole or part from funds other than those described in Paragraph (1) of this subsection, report the name and address of, and amount of each [contribution ] donation made by, each [contributor] donor who [contributed] donated more than a etotal rof 20five "1-19-27.3.thousand dollars ($5,000) during the election cycle to the person making the expenditures;

INDEPENDENTprovided, EXPENDITURES--REPORTINGhowever, that a t[contribution m] mh 21donation REQUIREMENTS.--is dexempt rfrom ereporting 22pursuant A.to this paragraph g o if:

At personhr whog makese ani independentk expenditure(a) cthe e[contributor] donor requested in h r i s kwriting 23that [notthe otherwise[contribution required] todonation not be reportedused underto thefund Campaignh , t, independent or coordinated expenditures or to make e au ng e b 24l Reportingcontributions Act]to shalla filecandidate, acampaign reportcommittee withor thepolitical secretarye ofe stateh un [d within:d i = = o h committee;

.229060.1and -l 11] -b (1),d threei daysa ofº makinge the(b) expenditure if the expenditure,donation byis itselfdeposited orin aggregateda withr alli independent= expendituresr madet bye thew samed personsegregated duringbank theaccount electionthat cycle,is exceedsnot oneused thousandto dollarsfund ($1,000)independent in a nonstatewide election or threem thousanda dollarsn ($3,000)o ind am statewide: election;

orb (2)e twenty-fourd hourss ofº makingo thet expendituren if= the.229060.1AIC expenditureFebruary is12, in2025 an(8:36pm) amounts ofk threem thousande dollars- ($3,000)14 or- moree anda isn madee withind sevenr dayse beforel u [ A d coordinated expenditures or to make contributions to a nonstatewidecandidate, campaign committee or statewidepolitical election.committee.

B.

The report required by Subsection A of this section shall state:

(1) the name and address of the person who 14 made the independent expenditure;

(2) the name and address of the person to whom the independent expenditure was made and the amount, date and e t 17 purpose of the independent expenditure.

If no reasonable w l n d 18 estimate of the monetary value of a particular expenditure is = = 19 practicable, it is sufficient to report instead a description a l i a e r 20 of the services, property or rights furnished through the a t m m 21 expenditure;

and d r e 22 (3) the source of the contributions or c e s k 23 donations used to make the independent expenditure as provided e a n b 24 in Subsections C and D of this section.

u [ C.

A person who makes independent expenditures .229060.1 - 12 - required to be reported under this section in an amount totaling three thousand dollars ($3,000) or less in a nonstatewide election or nine thousand dollars ($9,000) or less in a statewide election shall report the name and address of each person who has made contributions of more than a total of two hundred dollars ($200) in the election cycle that were earmarked for or made in response to a solicitation to fund independent expenditures and shall report the amount of each such contribution made by that person.

D.

A person who makes independent expenditures required to be reported under this section in an amount totaling more than three thousand dollars ($3,000) in a nonstatewide election or nine thousand dollars ($9,000) in a 14 statewide election, in addition to reporting the information specified in Subsection C of this section, shall either:

(1) if the expenditures were made exclusively e t 17 from a segregated bank account consisting only of funds w l n d 18 contributed to the account by individuals to be used for making = = 19 independent expenditures, report the name and address of, and a l i a e r 20 amount of each contribution made by, each contributor who a t m m 21 contributed more than two hundred dollars ($200) to that d r e 22 account in the election cycle;

or c e s k 23 (2) if the expenditures were made in whole or e a n b 24 part from funds other than those described in Paragraph (1) of u [ this subsection, report the name and address of, and amount of .229060.1 - 13 - each [contribution] donation made by, each [contributor] donor who [contributed] donated more than a total of five thousand dollars ($5,000) during the election cycle to the person making the expenditures;

provided, however, that a [contribution] donation is exempt from reporting pursuant to this paragraph if:

(a) the [contributor] donor requested in writing that the [contribution] donation not be used to fund independent or coordinated expenditures or to make contributions to a candidate, campaign committee or political committee;

and (b) the donation is deposited in a segregated bank account that is not used to fund independent or 14 coordinated expenditures or to make contributions to a candidate, campaign committee or political committee.

If a person who has made a report required by e t 17 this section is required to make subsequent reports during the w l n d 18 election cycle, the information concerning contributions or = = 19 donations in the subsequent reports shall cover only a l i a e r 20 contributions or donations not previously reported.

a t m m 21 F.

For the purposes of this section, "donation" d r e 22 means a payment or transfer, or promise of payment or transfer, c e s k 23 of money or other thing of value to a person who makes e a n b 24 independent expenditures, but "donation" does not include:

u [ (1) a payment or transfer made in a commercial .229060.1 - 14 - transaction in the ordinary course of a trade or business;

(2) compensation for services rendered, capital invested or payment for a sale of property that is reasonable in amount and commensurate with the value of the h services rendered, the magnitude of the risk undertaken on the g o investment or the property sold;

t hr g e i k (3) a commercially reasonable loan made in the h r i s ordinary course of business by an institution authorized by the h , t, laws of the state to engage in the business of making loans;

e u g e b l (4) a gift on a special occasion from a family e e h n d d i = = o h member or close personal friend;

or l ] b ,d i a º e (5) a personal loan from a family member or a r i = r t e w d repayment of such a loan." 14m SECTIONa 4.n o d m :

b e d s º o t n = .229060.1AIC February 12, 2025 (8:36pm) s k m e - 15 - e a n e d r e l u [ A d SECTION 4.

TIME AND PLACE OF FILING REPORTS.-- e t 17 A.

Except as otherwise provided in this section, w l n d 18 all reporting individuals shall file with the secretary of = = 19 state no later than the second [Monday in April and October]October a] l i a e r 20 Tuesday after the first Monday in June and on January 7 of the a t m m 21 following year a report of all expenditures made and d r e 22 contributions received on or before the first [Monday in those c e s k 23 months] Tuesday after the first Monday in June and December 31, e a n b 24 respectively, and not previously reported;

provided that, if u [ the date falls on a state holiday, the report shall be filed no .229060.1 - 15 - later than the next business day.

The report shall be filed biannually until the provisions specified in Subsection [F][F ] G or H of this section have been satisfied.

In an election year, instead of the biannual h reports provided for in Subsection A of this section, all g o reporting individuals, except for public officials who are not t hr g e i k candidates in an election that year, shall file reports of all h r i s expenditures made and contributions received or, if applicable, h , t, statements of no activity, according to the following schedule:

e u g e b l e e h (1) no later than the second Monday in April, n d d i = = o h a report of all expenditures made and contributions received on l ] b ,d i a º e or before the first Monday in April and not previously r i = r t e w d reported;

14m (2) no later than the second Monday in May, a reportn ofo alld expendituresm made: and contributions received on or before the first Monday in May and not previously reported;

b e d s º o t 17n (3)= no.229060.1AIC laterFebruary than12, the2025 second(8:36pm) Mondays ink wm le - 16 - e a n e d 18r September,e l u [ A d (2) no later than the second Monday in May, a report of all expenditures made and contributions = = 19 received on or before the first Monday in SeptemberMay and not a l i a e r 20 previously reported;

a(3) t m m 21 (4) no later than the second Monday in dSeptember, r e 22 October, a report of all expenditures made and contributions c e s k 23 received on or before the first Monday in OctoberSeptember and not e a n b 24 previously reported;

provided(4) thatno iflater than the second Monday ofin uOctober, [a Octoberreport isof aall stateexpenditures holiday,made theand reportcontributions shallreceived beon madeor onbefore the .229060.1first -Monday 16in -October followingand day;not previously reported;

provided that if the second Monday of October is a state holiday, the report shall be made on the following day;

on h the Tuesday before the election and not previously reported.

u » r Any expenditure that is made or contribution or pledge to t h g e contribute that is received after 5:00 p.m.

on the Tuesday l i h r i s before the election and that is for [more than]than ] one thousand h , e h dollars ($1,000) [in a nonstatewide election, or more than t u g e b l three thousand dollars ($3,000) in a statewide election] or e e , gh n d d i = = o h more shall be reported to the secretary of state either in a l ] b ,d i a º r supplemental report on a prescribed form within twenty-four e r = t e w d hours [of receipt]receipt ] or in the report to be filed no later than 14m the Thursday before a primary,n generalo ord statewidem special: election, except that any such expenditure that is made or contribution or pledge to contribute that is received after e t 17 5:00 p.m.

onb ther Fridaye beforet theº electiono mayt ben reported= by.229060.1AIC wFebruary l12, 2025 (8:36pm) s k m e - 17 - e a n e d 18r 12:00e noonl onu [ A d the MondayThursday before thea election;primary, general or statewide special election, except that any such expenditure that is made or contribution or pledge to contribute that is received after 5:00 p.m.

=on =the 19Friday (6)before no later than the [thirtieth]election seventhmay daybe areported l i a e r 20 after a primary election, a report by all12:00 reportingnoon aon t m m 21 individuals, except those individuals that become candidates d r e 22 after the primaryMonday election, of all expenditures made and c e s k 23 contributions received on or before the [twenty-fifthelection; day e a n b 24 after] day of the primary election and not previously reported;

u(6) [ (7) no later than the thirtieth[thirtieth ] seventh day after a .229060.1primary -election, 17a -report statewideby specialall election,reporting aindividuals, reportexcept those individuals that become candidates after the primary election, of all expenditures made and contributions received on or before the twenty-fifth[twenty-fifth day afterafter] theday statewideof specialthe primary election and not previously reported;

[and](7) (8) no later than the sevenththirtieth day after a generalstatewide special election, a report of all expenditures made and contributions received on or before the twenty-fifth day ofafter the generalstatewide special election and not previously reported;

and[and [(8)]] (9)h (8) no later than Januarythe 7seventh day after a u » r general election, a report of all expenditures made and t h g e contributions received on or before Decemberthe 31day afterof the general l i h r i s election and not previously reported.reported;

C.and h , e h [(8)] (9) no later than January 7 after a t u g e b l general election, a report of all expenditures made and e e , gh n d d i = = o h contributions received on or before December 31 after the l ] b ,d i a º r general election and not previously reported.

Ife ar reporting= individualt is subject to the 14 legislative session fundraising prohibition pursuant to Section 1-19-34.1 NMSA 1978 and receives monetary contributions during a prohibited period, the reporting individual shall file a e t 17 report of all of the monetary contributions received but not w l n d 18C. returned during the prohibited period no later than the seventh = = 19 day after the end of the prohibited period.

If a lreporting iindividual is subject to the m a en ro 20d [C.]m D.:

Ifb a candidate, political committee, a t m m 21 campaign committee or public official has not received any d r e 22t contributionsº ando hast notn made= any.229060.1AIC expendituresFebruary since12, the2025 c(8:36pm) e s k 23m candidate's,e committee's- or18 official's- last report was filed e a n be 24d withr thee properl filing officer, the candidate, committee or u [ officialA shalld onlylegislative besession requiredfundraising toprohibition filepursuant ato statementSection of1-19-34.1 noNMSA .229060.11978 -and 18receives -monetary activity,contributions whichduring shalla notprohibited beperiod, requiredthe toreporting beindividual notarized,shall infile lieu of a full report whenof thatall reportof wouldthe otherwisemonetary becontributions duereceived andbut shall not bereturned requiredduring tothe fileprohibited aperiod fullno reportlater untilthan the nextseventh requiredday filing date occurring after anthe expenditureend isof madethe orprohibited aperiod. contribution is received.

[D.][C.] E.D.

InIf ana electioncandidate, year,political acommittee, campaign committee or public official whohas is not areceived candidateany shallcontributions fileand biannualhas reportsnot ofmade any expenditures madesince andthe contributionscandidate's, receivedcommittee's or statementsofficial'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 activityactivity, which shall not be required to be notarized, in accordancelieu withof a full report when that report would otherwise be due and shall not be required to file a full report until the schedulenext providedrequired forfiling indate Subsectionoccurring Aafter ofan thisexpenditure section.is made or h a contribution is received.

[E.]u F.» r [D.] E.

AIn reportan election year, a public official who t h g e is not a candidate shall file biannual reports of expenditures l i h r i s made and contributions filedreceived afteror astatements deadlineof setno forthactivity in thish section, shalle noth beaccordance deemedwith tothe haveschedule beenprovided timelyfor filed.in Subsection A of t u g e b l this section.

14e [F.]e G., gh n d d i = = o h [E.] F.

ExceptA for candidates, campaign committees and public officials who file a statement of no activity, each candidate, campaign committee or public official shall file a e t 17 report of expenditures and contributions pursuantl to] theb filing,d wi la nº dr 18filed schedulesafter a deadline set forth in this section,section regardlessshall ofnot whetherbe anye =r = 19t expenditurese werew maded ordeemed contributionsto werehave receivedbeen duringtimely afiled. l i a e r 20 the reporting period.

Reports shall be required until the a t m m 21 reporting individual delivers a reportn too the secretary of d rm e: 22 state stating that:

cb r e t º o t n = .229060.1AIC February 12, 2025 (8:36pm) s k 23m (1)e there- are19 no- outstandinge campaigna debts;n e d r e l u [ A d [F.] G.

eExcept for candidates, campaign committees and public officials who file a nstatement bof 24no (2)activity, alleach moneycandidate, hascampaign beencommittee expendedor inpublic accordanceofficial ushall [file witha report of expenditures and contributions pursuant to the provisionsfiling schedules set forth in this section, regardless of Sectionwhether 1-19-29.1any NMSAexpenditures 1978;were made or contributions were received during the reporting period.

andReports .229060.1shall -be 19required -until (3)the reporting individual delivers a report to the banksecretary accountsof havestate beenstating closed.that:

(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.

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 h report pursuant to this section, it need not file any report g o under this section until the next reporting period, if any, in t hr g e i k which it receives contributions or makes expenditures.

A h r i s political committee that has not received any contributions or h , t, made any coordinated or independent expenditures for a e u g e b l continuous period of at least one year may cancel its e e h n d d i = = o h registration as a political committee by submitting an l ] b ,d i a º e appropriate request in writing to the secretary of state.

The r i = r t e w d committee shall retain the obligation to submit a new 14m registrationa pursuantn too Sectiond 1-19-26.1m NMSA: 1978 in the event that its future activities meet the requisites for registration under that section.] e t 17 H.

Ab reportinge individuald whos isº ao candidatet within w l n d 18 the meaning of the Campaign Reporting Act because of the amount = =.229060.1AIC 19February of12, contributions2025 the(8:36pm) candidates receivesk orm expenditures the a l i a e r- 20 candidate- makese and who does not ultimately file a declarationn ae t m m 21 of candidacy or a nominating petition with the secretary of d r e 22l stateu and[ doesA notd fileregistration apursuant statementto ofSection no1-19-26.1 activityNMSA shall1978 filein cthe eevent sthat kits 23future biannualactivities reportsmeet inthe accordancerequisites withfor Subsectionregistration Aunder ofthat thissection.] eH. a n b 24 section.

uA [reporting I.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 shall file biannual reports in accordance with Subsection A of this section.

ReportsI. required by this section shall be .229060.1 - 20 - 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.

AReports reportrequired filedby electronicallythis section shall be electronicallysubscribed authenticatedand sworn to by the candidate or the treasurer of the political committee usingor, anin electronicthe signaturecase inof conformancecandidates withfor thejudicial Electronicoffice, Authenticationby ofthe Documentstreasurer Actof and the Uniformcandidate's Electroniccampaign Transactionscommittee. Act.

ForA thereport purposesfiled ofelectronically theshall Campaignbe Reportingh Act,electronically aauthenticated reportby thatthe iscandidate electronicallyor authenticatedthe intreasurer accordanceu with» ther provisions of thisthe subsectioncommittee shallusing bean deemedelectronic tosignature havein beenconformance subscribedt andh sworng toe bywith the candidateElectronic orAuthentication theof treasurerDocuments ofAct and the committeel whoi wash requiredr toi files theUniform report.Electronic Transactions Act.

14For J.the purposes of the h , e h Campaign Reporting Act, a report that is electronically t u g e b l authenticated in accordance with the provisions of this e e , gh n d d i = = o h subsection shall be deemed to have been subscribed and sworn to l ] b ,d i a º r by the candidate or the treasurer of the committee who was e r = t e w d required to file the report.

m a n o d m :

b r e t º o t n = .229060.1AIC February 12, 2025 (8:36pm) s k m e - 21 - e a n e d r e l u [ A d J.

Reporting individuals may apply to the secretary e t 17 of state for exemption from electronic filing in case of w l n d 18 hardship, which shall be defined by the secretary of state." = = 19 SECTION 5.

Section 1-19-29.1 NMSA 1978 (being Laws 1993, a l i a e r 20 Chapter 46, Section 6, as amended) is amended to read:

a t m m 21 "1-19-29.1.

CAMPAIGN FUNDS--LIMITATION ON USE.-- d r e 22 A.

It is unlawful for a candidate or the c e s k 23 candidate's agent to make an expenditure of contributions e a n b 24 received, except for the following purposes or as otherwise u [ provided in this section:

.229060.1 - 21 - (1) expenditures of the campaign;

(2) expenditures of legislators that are reasonably related to performing the duties of the office held, including mail, telephone and travel expenditures to serve h constituents, but excluding personal and legislative session g o living expenses;

t hr g e i k (3) donations to the state general fund;

h r i s (4) donations to an organization to which a h , t, federal income tax deduction would be permitted under e u g e b l e e h Subparagraph (A) of Paragraph (1) of Subsection (b) of Section n d d i = = o h 170 of the Internal Revenue Code of 1986, as amended;

l ] b ,d i a º e (5) expenditures to eliminate the campaign r i = r t e w d debt of the candidate for the office sought or expenditures 14m incurreda byn theo candidated whenm seeking: election to another public office covered by the Campaign Reporting Act;

(6)b donationse tod s º o t n = .229060.1AIC February 12, 2025 (8:36pm) s k m e - 22 - e a politicaln committeee ord tor e tl 17u another[ A d incurred by the candidate when seeking election to another public office addressedcovered wby l n d 18 within the Campaign Reporting Act;

or(6) =donations = 19 (7) disbursements to return unused funds pro a lpolitical icommittee aor eto ranother 20candidate rataseeking election to thepublic contributorsoffice ifaddressed nowithin campaignthe debtCampaign exists.Reporting Act;

aor t(7) mdisbursements mto 21return B.unused funds pro rata to the contributors if no campaign debt exists.

ItB. is unlawful for any person to make an d r e 22 expenditure to repay a loan that is received from the candidate c e s k 23 that includes a rate of interest.

eIt is unlawful for any person to make an expenditure to repay a nloan bthat 24is [B.]received C.from the candidate that includes a rate of interest.

A[B.] judgeC. subject to a nonpartisan retention u [ election or a candidate for judicial office shall solicit or .229060.1 - 22 - accept campaign funds and return unused funds in accordance with the provisions of the Code of Judicial Conduct.

A judge subject to a nonpartisan retention election or a candidate for judicial office shall solicit or accept campaign funds and return unused funds in accordance with the provisions of the Code of Judicial Conduct.

No contributions solicited for or received in a federal election campaign may be used in a state election h campaign." g o SECTION 6.

Section 1-19-31 NMSA 1978 (being Laws 1979, t hr g e i k Chapter 360, Section 7, as amended) is amended to read:

h r i s "1-19-31.

CONTENTS OF REPORT.--Each required report of h , t, expenditures and contributions shall be typed or printed e u g e b l e e h legibly, or on a computer disc or format approved by the n d d i = = o h secretary of state, and shall include:

l ] b ,d i a º e A.

the name and address of the person or entity to r i = r t e w d whom an expenditure was made or from whom a contribution was 14m received,a exceptn aso providedd form anonymous: contributions or contributions received from special events as provided in Section 1-19-34 NMSA 1978;

providedb thate ford contributors,s theº eo t 17n name= of.229060.1AIC theFebruary entity12, or2025 the(8:36pm) firsts andk lastm namese of- any23 w- le a n e d 18r individuale shalll beu the[ fullA named ofreceived, theexcept entityas orprovided individual,for =anonymous =contributions 19or andcontributions initialsreceived onlyfrom shallspecial notevents constituteas aprovided fullin nameSection unless1-19-34 thatNMSA a1978; l i a e r 20 is the complete legal name;

provided that for contributors, the name of the entity or the first and last names of any individual shall be the full name of the entity or individual, and initials only shall not constitute a tfull mname munless 21that B.is the complete legal name;

theB. occupation, name and type of business, as d r e 22 applicable, of any individual or entity making contributions of c e s k 23 two hundred dollars ($200) or more in the aggregate per e a n b 24 election;

uthe [occupation, C.name and type of business, as applicable, of any individual or entity making contributions of two hundred dollars ($200) or more in the aggregate per election;

theC. amount of the expenditure or contribution or .229060.1 - 23 - value thereof;

the amount of the expenditure or contribution or value thereof;

h F.

the opening and closing cash balance for the u » r bank accounts maintained by the reporting individual during the t h g e reporting period and the name of the financial institution for l i h r i s each account;

and h , e h G.

the amount of each unpaid debt and the identity t u g e b l of the person to whom the debt is owed, the terms of any loan e e , gh n d d i = = o h that a candidate makes to the candidate's campaign committee l ] b ,d i a º r and evidence of any loan that a candidate makes to the e r = t e w d candidate's campaign committee." 14m SECTIONa 7.n o d m :

b r e t º o t n = .229060.1AIC February 12, 2025 (8:36pm) s k m e - 24 - e a n e d r e l u [ A d SECTION 7.

LEGISLATIVE SESSION FUNDRAISING e t 17 PROHIBITION.-- w l n d 18 A.

It is unlawful during the prohibited period for = = 19 [a state legislator, the attorney general, the secretary of a l i a e r 20 state, the state treasurer, the commissioner of public lands or a t m m 21 the state auditor or a candidate for state legislator, attorney d r e 22 general, secretary of state, state treasurer, commissioner of c e s k 23 public lands or state auditor, or any agent on behalf of the e a n b 24 attorney general, the secretary of state, the state treasurer, u [ the commissioner of public lands or the state auditor or a .229060.1 - 24 - candidate for attorney general, the secretary of state, state treasurer, commissioner of public lands or state auditor] an incumbent or candidate for a proscribed office, a campaign committee or a legislative caucus committee to [knowingly]:

h (1) solicit a contribution governed by the u » r Campaign Reporting Act;

[For purposes of this subsection, t h g e "prohibited period" means that period beginning January 1 prior l i h r i s to any regular session of the legislature or, in the case of a h , e h special session, after the proclamation has been issued, and t u g e b l ending on adjournment of the regular or special session.

e e , gh n d d i = = o h B.

It is unlawful during the prohibited period for l ] b ,d i a º r the governor or the lieutenant governor, or any agent on the e r = t e w d governor's or the lieutenant governor's behalf, to knowingly m a n o d m :

b r e t º o t n = .229060.1AIC February 12, 2025 (8:36pm) s k m e - 25 - e a n e d r e l u [ A d solicit a contribution governed by the Campaign Reporting Act.

For purposes of this subsection, "prohibited period" means that period beginning January 1 prior to any regular session of the legislature or, in the case of a special session, after the proclamation has been issued, and ending on the twentieth day following the adjournment of the regular or special session.] or (2) accept a contribution from a lobbyist, lobbyist's employer, incumbent or candidate, campaign committee or political committee.

It is unlawful during the prohibited period for the governor or the lieutenant governor, or any agent on the governor's or the lieutenant governor's behalf, to knowingly 14 solicit a contribution governed by the Campaign Reporting Act.

For purposes of this subsection, "prohibited period" means that period beginning January 1 prior to any regular session of the e t 17 legislature or, in the case of a special session, after the w l n d 18 proclamation has been issued, and ending on the twentieth day = = 19 following the adjournment of the regular or special session.] a l i a e r 20 or a t m m 21 (2) accept a contribution from a lobbyist, d r e 22 lobbyist's employer, incumbent or candidate, campaign committee c e s k 23 or political committee.

e a n b 24 B.

u [ (1) "incumbent or candidate" means:

.229060.1 - 25 - (a) a person currently holding an office subject to election;

h (c) a campaign committee;

or g o (d) an agent on behalf of a person or a t hr g e i k committee described in Subparagraphs (a) through (c) of this h r i s paragraph;

h , t, (2) "lobbyist" means a person who is required e u g e b l to register as a lobbyist pursuant to the provisions of the e e h n d d i = = o h Lobbyist Regulation Act;

l ] b ,d i a º e (3) "lobbyist's employer" means the person r i = r t e w d whose interests are being represented and by whom a lobbyist is 14m directlya orn indirectlyo retained,d compensatedm or: employed;

b e d s º o t n = .229060.1AIC February 12, 2025 (8:36pm) s k m e - 26 - e a n e d r e l u [ A d directly or indirectly retained, compensated or employed;

(a) for an incumbent or candidate for e t 17 any proscribed office other than governor or lieutenant w l n d 18 governor and for a campaign committee or a legislative caucus = = 19 committee, the period beginning January 1 prior to any regular a l i a e r 20 session of the legislature or, in the case of a special or a t m m 21 extraordinary session, the lesser of the period beginning after d r e 22 the proclamation has been issued or seventy-two hours prior to c e s k 23 the start of the special or extraordinary session, and ending e a n b 24 on the first calendar day after adjournment of the regular, u [ special or extraordinary session;

and .229060.1 - 26 - (b) for an incumbent or candidate for governor or lieutenant governor, the period beginning January 1 prior to any regular session of the legislature or, in the case of a special or extraordinary session, the lesser of the period h beginning after the proclamation has been issued or seventy-two u » r hours prior to the start of the special or extraordinary t h g e session, and ending on the earlier of the twenty-first day l i h r i s following adjournment of the regular, special or extraordinary h , e h session or the first calendar day after all bills passed by the t u g e b l legislature have been signed or vetoed and deposited with the e e , gh n d d i = = o h secretary of state;

and l ] b ,d i a º r (5) "proscribed office" means:

e r = t e w d (a) governor;

14m (b)a lieutenantn governor;o d m :

b r e t º o t n = .229060.1AIC February 12, 2025 (8:36pm) s k m e - 27 - e a n e d r e l u [ A d (b) lieutenant governor;

e t 17 (e) state auditor;

w l n d 18 (f) state treasurer;

= = 19 (g) commissioner of public lands;

a l i a e r 20 (h) state senator;

and a(i) tstate mrepresentative." m- 2128 (i)- stateh representative."u d» r t h g e 22l -i 27h -r ci s h , e sh kt 23u g e ab l e e , gh n d d i = = o h l ] b 24,d ui [a .229060.1º r e r = t e w d m a n o d m :

b r e t º o t n = .229060.1AIC February 12, 2025 (8:36pm) s k m e e a n e d r e l u [ A d