SB 50 — CREDIT & DEBIT CARD CAMPAIGN CONTRIBUTIONS

SENATEAN BILLACT 50RELATING 53RDTO LEGISLATUREELECTIONS; - STATEOFNEWMEXICO- SECOND SESSION , 2018 INTRODUCED BY Cisco McSorley and William "Bill" R.

Rehm and Jim Dines 6 8 FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE 10 AN ACT RELATING TO ELECTIONS;

146 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1-19-34 NMSA 1978 (being Laws 1979, e t 17 Chapter 360, Section 10, as amended) is amended to read:

w l n d 18 "1-19-34.

CANDIDATES--POLITICAL COMMITTEES--TREASURER-- = = 19 BANK ACCOUNT--ANONYMOUS CONTRIBUTIONS--CONTRIBUTIONS FROM a l i a e r 20 SPECIAL EVENTS--CREDIT AND DEBIT CARD CONTRIBUTIONSCONTRIBUTIONS.-- .-- a t m m 21 A.

It is unlawful for the members of any political d r e 22 committee or any candidate to make any expenditure or solicit c e s k 23 or accept any contribution for a political purpose unless:

e a n b 24 (1) a treasurer has been appointed and is u [ constantly maintained;

provided, however, when a duly appointed .208754.2 treasurer is unable for any reason to continue as treasurer, the candidate or political committee shall appoint a successor;

(3) a separate bank account has been SB 50 established and all receipts of money contributions and all Page 1 expenditures of money are deposited in and disbursed from the one bank account maintained by the treasurer in the name of the candidate or political committee;

All disbursements except for disbursements made from a petty cash fund of one hundred dollars ($100) or less shall e e 17 be made in a form such that the date, amount and payee of the e e n d 18 transaction are automatically recorded or by check made payable = = l ] 19 to the person or entity receiving the disbursement and not to a l r i 20 "cash" or "bearer";

and t e a t (4) the treasurer upon disbursing or receiving m m 21 e d r e 22 money or other things of value immediately enters and c e r c 23 thereafter keeps a proper record preserved by the treasurer, e a n b 24 including a full, true and itemized statement and account of u [ each sum disbursed or received, the date of such disbursal or .208754.2 - 2 - receipt, to whom disbursed or from whom received and the object or purpose for which it was disbursed or received.

The aggregate amount of anonymous contributions received by a reporting individual during a primary or general election or a statewide special election shall not exceed two thousand dollars ($2,000) for statewide races and five hundred dollars ($500) for all other SB 50 Page 2 races.

For those contributions, due diligence and best efforts shall e e 17 be made to disclose on a special prescribed form the sponsor, e e n d 18 date, place, total amount received, expenses incurred, = = l ] 19 estimated number of persons in attendance and other a l r i 20 identifiable factors that describe the special event.

For t e a t purposes of this subsection, "special event" includes an event m m 21 e d r e 22 such as a barbecue or similar fundraiser where tickets costing c e r c 23 fifteen dollars ($15.00) or less are sold or an event such as a e a n b 24 coffee, tea or similar reception.

u [ D.

Any contributions received pursuant to this .208754.2 - 3 - section in excess of the limits established in Subsections B and C of this section shall be donated to the state general fund or an organization to which a federal income tax deduction would be available under Subparagraph (A) of Paragraph (1) of Subsection (b) of Section 170 of the Internal Revenue Code of 1986, as amended.

A candidate or political committee shall not SB 50 Page 3 accept a contribution made via the internet by a credit card or a debit card via the internet or where the card is not physically present unless, at the time the contribution is made, the contributor provides:provides the card security code assigned to and printed or imprinted on the card and the billing address associated with the card." SB 50 Page 4 8 25

(1) the card security code assigned to and printed or imprinted on the card;

and (2) either:

(a) the billing address associated with the card, which shall be within the United States;

or (b) if the contributor is a United e e 17 States citizen living outside the United States, the United e e n d 18 States mailing address used by the contributor for the purpose = = l ] 19 of voter registration.

a l r i 20 F.

An entity that processes a contribution t e a t described in Subsection E of this section shall register with m m 21 e d r e 22 the secretary of state, and the secretary of state shall review c e r c 23 the entity's processing method, including any related computer e a n b 24 software." u [ - 4 - .208754.2