SB 3 — CAMPAIGN FINANCE REPORTING

Section 1-19-26 NMSA 1978 (being Laws 1979, Chapter 360, Section 2, as amended by Laws 2009, Chapter 67, Section 1 and by Laws 2009, Chapter 68, Section 2) is amended h to read:

g o t hr "1-19-26.

DEFINITIONS.--As used in the Campaign Reporting g e i k Act:

hA. r i s [A.

"advertising"advertisement" campaign" means ana advertisementcommunication hreferring ,to t, or series of advertisements used for a politicalcandidate purposeor andballot equestion uthat gis epublished, bdisseminated, ldistributed eor edisplayed h disseminated to the public eitherby in print, bybroadcast, radiosatellite, orcable n d d i = = o h television broadcast or by any other electronic means,media, l ] b ,d i a º e including telephonicrecorded communications,phone andmessages, may include direct or rby iprinted =materials, rincluding tmailers, ehandbills, wsigns dand mbillboards, abut n"advertisement" odoes bulknot mailingsinclude: of printed materials;] d m :

b e d s º o t n = .211122.4 s k m e - 6 - e a n e d r e l u [ A d A.

"advertisement" means a communication referring to a candidate or ballot SJCºmeasure»SJC SJCºquestion»SJC that is published, disseminated, distributed or displayed to the public by print, broadcast, satellite, cable or electronic media, including recorded phone messages, or by printed materials, including mailers, handbills, signs and billboards, but "advertisement" does not include:

provided that two or h more candidates for the same position have been invited to uSB »3 rPage 6 participate or, in the case of an uncontested election, that t h g e l i the single candidate for the position has been invited to h r i s participate;

h , e h (4) nonpartisan voter guides allowed by the t u g e b l e e , gh federal Internal Revenue Code of 1986, as amended, for Section n d d i = = o h 501(c)(3) organizations;

or l ] b ,d i a º r (5) statements made to a court or e r = t e w d m a n o administrative board in the course of a formal judicial or dadministrative mproceeding; :

b r e t º o t n = .211122.4 s k m e - 7 - e a n e d r e l u [ A d administrative proceeding;

"ballot SJCºquestion" measure»SJC SJCºquestion»SJC" means a constitutional amendment or other question submitted to the voters in an election;

[C.] D.

"bank account" means an account in a financial institution [located in New Mexico ] SJCºchartered and»SJC regulated by the United States or a state of the United States;

[D.] E.

"campaign committee" means an association of two or more persons authorized by a candidate to [raise, collect or expend contributions] act on the candidate's behalf for the purpose of electing the candidate to office;

provided h that a candidate shall not authorize more than one campaign g o t hr committee;

g e i k F.

"campaign expenditure" means an expenditure thatSB h3 rPage i7 sthat is made by a campaign committee or by a candidate in support of h , t, e u g the candidate's campaign in an election;

e b l e e h [E.] G.

"candidate" means an individual who seeks n d d i = = o h or considers an office in an election covered by the Campaign l ] b ,d i a º e Reporting Act, including a public official, who SJCºhas either»SJCfiled ra ideclaration =of rcandidacy tand ehas wnot dsubsequently m a n o has filed a declarationstatement of candidacywithdrawal SJCºoror: nominating d m :

b(1) efor da snonstatewide ºoffice, ohas treceived ncontributions =or .211122.4made sexpenditures kof mmore ethan -one 8thousand -dollars e($1,000) aor nauthorized eanother dperson ror ecampaign lcommittee uto [receive Acontributions dor petition»SJCmake andexpenditures hasof notmore subsequentlythan filedone athousand statementdollars ($1,000) for the purpose of withdrawalseeking or:election to the office;

(1)or (2) for a nonstatewidestatewide office, has received contributions or made expenditures of more than onethree thousand dollars ($1,000)($3,000) [or more ] or authorized another person or campaign committee to receive contributions or make expenditures of more than onethree thousand dollars ($1,000)($3,000) [or more] for the purpose of seeking election to the office;office or for candidacy exploration purposes in the years prior to the year of the election;

orH. (2) for a statewide office, has received contributions or made expenditures of [two thousand five hundred dollars ($2,500) or] more than three thousand dollars ($3,000) or authorized another person or campaign committee to receive contributions or make expenditures of [two thousand five hundred dollars ($2,500) or] more than three thousand dollars ($3,000) for the purpose of seeking election to the office or for candidacy exploration purposes in the years prior h to the year of the election;

g o t hr [F.

] H.

g e i k (1) means a gift, subscription, loan, advance h r i s or deposit of money or other thing of value, including the h , t, estimated value of an in-kind contribution, SB 3 Page 8 that is made or e u g e b l e e h received for a political purpose, including payment of a debt n d d i = = o h incurred in an election campaigncampaign; [but "contribution" ];

l ] b ,d i a º e (2) includes a coordinated expenditure;

r(3) idoes =not rinclude tthe evalue wof dservices mprovided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a nportion oor (3)all of their time on behalf of a candidate or political committee nor does notit include the valueadministrative or solicitation expenses of servicesa dpolitical mcommittee :that are paid by an organization that sponsors the committee;

b e d s º o t n = .211122.4 s k m e - 9 - e a n e d r e l u [ A d provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee;

SJCºprovided that for each occurrence, the fair market value does not exceed fifty dollars ($50.00);»SJC I.

(2) at the request or suggestion of, or in h cooperation, consultation or concert with, a candidate, u » r campaign committee or political party or any agent or t h g e l i representative of a candidate, campaign committee or h r i s political party;

and h , e h (3) for the purpose of:

t u g e b l e e , gh (a) supporting or opposing the n d d i = = o h nomination or election of a candidate;

or lSB ]3 bPage ,d9 i a º r (b) paying for an advertisement that erefers rto =a tclearly eidentified wcandidate dand mis apublished nand odisseminated refers to athe clearlyrelevant identifiedelectorate candidatein andNew isMexico publishedwithin andthirty ddays mbefore :the primary election or sixty days before the general election in which the candidate is on the ballot;

bJ. r e t º o t n = .211122.4 s k m e - 10 - e a n e d r e l u [ A d disseminated to the relevant electorate in New Mexico within thirty days before the primary election or sixty days before the general election in which the candidate is on the ballot;

[G.] J.

[H.] K.

"election" means any primary, general or statewide special election in New Mexico and includes county and judicial retention elections but excludes federalfederal, , municipal, school board and special district elections;

[I.] L.

[J.] M.

"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 h purpose, including payment of a debt incurred in an election g o t hr campaign or pre-primary conventionconvention; [but does not include the g e i k administrative or solicitation expenses of a political h r i s committee that are paid by an organization that sponsors the h , t, committee];

e u g e b l e e h N.

"independent expenditure" means an expenditure n d d i = = o h that is:

l ] b ,d i a º e (1) made by a person other than a candidate or r i = r t e w d m a n o campaign committee;

d(2) mnot :a coordinated expenditure as defined SB 3 Page 10 in the Campaign Reporting Act;

b e d s º o t n = .211122.4 s k m e - 11 - e a n e d r e l u [ A d (2) not a coordinated expenditure as defined in the Campaign Reporting Act;

(a) expressly advocates the election or defeat of a clearly identified candidate or the passage or defeat of a clearly identified ballot SJCºmeasure»SJCquestion; SJCºquestion»SJC;

(b) is susceptible to no other reasonable interpretation than as an appeal to vote for or against a clearly identified candidate or ballot SJCºmeasure»SJCquestion; SJCºquestion»SJC;

or (c) refers to a clearly identified candidate or ballot SJCºmeasure»SJCquestion SJCºquestion»SJC 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 h ballot SJCºmeasure»SJCquestion SJCºquestion»SJC is on the ballot;

uO. » r HJCºO.

"legislative caucus committee" means a t h g e l i political committee established by the members of a political h r i s party in a chamber of the legislature;»HJClegislature; h , e h [K.] HJCºO.

P.»HJCP. "person" means an individual or t u g e b l e e , gh entity;

n"person" dmeans dan iindividual =or =entity; o h [L.] HJCºP.

Q.»HJCQ. "political committee" means [two l ] b ,d i a º r or more persons, other than members of a candidate's immediate e r = t e w d m a n o family or campaign committee or a husband and wife who make a d m :

b"political rcommittee" emeans: t º o t n = .211122.4 s k m e - 12 - e a n e d r e l u [ A d contribution out of a joint account, who are selected, appointed, chosen, associated, organized or operated primarily for a political purpose;

and "political committee" includes:

(1) political parties, political action committees or similar organizations composed of employees or members of any corporation, labor organization, trade or professional association or any other similar group that raises, collects, expends or contributes money or any other thing of value for a political purpose;

(2) a single individual whose actions represent that the individual is a political committee;

and (3) a person or an organization of two or more persons that within one calendar year expends funds in excess of five hundred dollars ($500) to conduct an advertising campaign for a political purpose]:

h(2) HJCº(2) a legislative caucus committee;»HJCcommittee; u » r HJCº(2) (3)»HJC an association that consists of t h g e l i two or more persons whose primary purpose is to make h r i s contributions to candidates, campaign committees or political h , e h committees or make coordinated expenditures or any combination t u g e b l e e , gh thereof;

or(3) n d d i = = o h HJCº(3) (4)»HJC an association that consists of l ] b ,d i a º r two or more persons whose primary purpose is to make econtributions rto =candidates, tcampaign ecommittees wor dpolitical mcommittees aor nmake ocoordinated independent expenditures andor thatany hascombination receivedthereof; more than five d m :

bor rSB e3 tPage º11 o(4) tan nassociation =that .211122.4consists sof ktwo mor emore -persons 13whose -primary epurpose ais nto emake dindependent rexpenditures eand lthat uhas [received Amore dthan five thousand dollars ($5,000) in contributions or made independent expenditures of more than five thousand dollars ($5,000) in the election cycle;

HJCºQ.R.

R.»HJC "political party" means an association that has qualified as a political party pursuant to the provisions of Section 1-7-2 NMSA 1978;

[M.]S. HJCºR.

S.»HJC "political purpose" means [influencing or attempting to influence an election or pre- primary convention, including a constitutional amendment or other question submitted to the voters] for the purpose of supporting or opposing a ballot SJCºmeasure»SJCquestion SJCºquestion»SJC or the nomination or election of a candidate;

[N.]T. HJCºS.

T.»HJC "prescribed form" means a form or electronic format prepared and prescribed by the secretary of state;

[O.U.

"proper"public filingofficial" officer" means eithera person elected to an office in an election covered by the hCampaign secretaryReporting ofAct state;or a person appointed to an office that is subject to an election covered by that act;

orand theV. county clerk as provided in Section g o t hr 1-19-27 NMSA 1978;

g"reporting eindividual" imeans ka P.]public HJCºT.official, candidate or treasurer of a campaign committee or a treasurer of a political committee." SECTION 5.

U»HJC "public official" means a person h r i s elected to an office in an election covered by the Campaign h , t, e u g Reporting Act or a person appointed to an office that is e b l e e h subject to an election covered by that act;

and n d d i = = o h [Q.] HJCºU.

V.»HJC “reporting individual" means l ] b ,d i a º e r i = r [every] a public official, candidate or treasurer of a campaign t e w d m a n o committee [and every ] or a treasurer of a political committee." d m :

b e d s º o t n = .211122.4 s k m e - 14 - e a n e d r e l u [ A d SECTION 5.

POLITICAL COMMITTEES--REGISTRATION-- DISCLOSURES.-- SB 3 Page 12 A.

It is unlawful for [any] a political committee [that receives, contributes or expends in excess of five hundred dollars ($500) in any calendar year] to continue to receive or make any contribution or expenditure for a political purpose [unless that political committee appoints and maintains a treasurer and registers with the secretary of state] if the committee fails to meet the requirements of Subsections B and C of this section.

A political committee shall [register ] appoint and maintain a treasurer, file a statement of organization with the secretary of state [within ten days of receiving, contributing or expending in excess of five hundred dollars h ($500) by paying] and pay a filing fee of fifty dollars g o t hr ($50.00).

[and filing ] g e i k C.

A statement of organization required by h r i s Subsection B of this section shall be made under oath on a h , t, prescribed form showing:

e u g e b l e e h (1) the full name of the [political ] n d d i = = o h committee, which shall fairly and accurately reflect the l ] b ,d i a º e identity of the committee, including any sponsoring r i = r t e w d m a n o organization, and its address;

d(2) ma :statement of the purpose for which the committee was organized;

b(3) ethe dnames sand ºaddresses o t n = .211122.4 s k m e - 15 - e a n e d r e l u [ A d (2) a statement of the purposeofficers forof which the [politicalcommittee; ] committee was organized;

[(3)and the(4) name,an addressidentification and relationship of any connectedbank account used by the committee to receive or associatedmake organizationcontributions or entity;make expenditures.

(4)]D. (3) the names and addresses of the officers of the committee;

andAny [(5)]changes (4)to anthe identificationinformation ofprovided [the]in any bank account used by the committeestatement [forof allorganization expendituresshall or]be reported to receivethe orsecretary makeof contributionsstate [madewithin orten received]days. or make expenditures.

SJCºSB D.3 Page 13 E.

AnyThe changesprovisions of this section do not apply to thea informationpolitical providedcommittee that is located in another state and is registered with the statementfederal ofelection organizationcommission shallif bethe reportedpolitical committee reports on federal reporting forms filed with the federal election commission all expenditures for and contributions made to reporting individuals in New Mexico and files with the secretary of statestate, withinaccording tento days.»SJCthe [C.]schedule SJCºD.required for the filing of forms with the federal election commission, a copy of either the full report or the cover sheet and the portions of the federal reporting forms that contain the information on expenditures for and contributions made to reporting individuals in New Mexico." SECTION 6.

E.»SJC The provisions of this section do not apply to a political committee that is located in another state and is registered with the federal election h commission if the political committee reports on federal g o t hr reporting forms filed with the federal election commission all g e i k expenditures for and contributions made to reporting h r i s individuals in New Mexico and files with the secretary of h , t, e u g state, according to the schedule required for the filing of e b l e e h forms with the federal election commission, a copy of either n d d i = = o h the full report or the cover sheet and the portions of the l ] b ,d i a º e federal reporting forms that contain the information on r i = r t e w d m a n o expenditures for and contributions made to reporting d m :

b e d s º o t n = .211122.4 s k m e - 16 - e a n e d r e l u [ A d individuals in New Mexico." SECTION 6.

FURNISHING REPORT FORMS--POLITICAL COMMITTEES--COMMITTEES--CANDIDATES.-- CANDIDATES.-- A.

In addition to the provisions of Subsection A of this section, at the time of filing a declaration of candidacy or a nominating petition, the [proper filing officer ] secretary of state shall give the candidate the prescribed reporting forms and SB 3 Page 14 the schedule of specific dates for filing the required reports or a statement of no activity.

The prescribed h forms shall also be made available to all reporting individuals g o t hr at the office of the secretary of state and in each county at g e i k the office of the county clerk." h r i s SECTION 7.

Section 1-19-29 NMSA 1978 (being Laws 1993, h , t, Chapter 46, Section 5, as amended) is amended to read:

e u g e b l e e h "1-19-29.

TIME AND PLACE OF FILING REPORTS.-- n d d i = = o h A.

Except as otherwise provided in this section, l ] b ,d i a º e all reporting individuals shall file with the [propersecretary filingof rstate ino =later rthan tthe esecond wMonday din mApril and October a nreport oof officerall byexpenditures 5:00made p.m.and contributions received on or before the first Monday in those months and not previously reported.

on]The secretaryreport ofshall statebe nofiled laterbiannually thanuntil the dprovisions mspecified :in Subsection F, G or H of this section have been satisfied.

b e d s º o t n = .211122.4 s k m e - 17 - e a n e d r e l u [ A d second Monday in April and October a report of all expenditures made and contributions received on or before the first Monday in those months and not previously reported.

The report shall be filed biannually until the [reporting individual's bank account has been closed and the other] provisions specified in Subsection F, G or H of this section have been satisfied.

(1) [byno 5:00later p.m.than the second Monday in April, a report of all expenditures made and contributions SB 3 Page 15 received on or before the first Monday in April and not previously reported;

on(2) ] no later than the second Monday in April,May, a report of all expenditures made and contributions received on or before the first Monday in AprilMay and not previously reported;

h(3) (2)no [bylater 5:00than p.m.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;

on(4) ] no later than the second g o t hr Monday in May,October, a report of all expenditures made and g e i k contributions received on or before the first Monday in MayOctober and h r i s not previously reported;

hprovided ,that t,if (3)the [bysecond 5:00Monday p.m.of October is a state holiday, the report shall be made on the following day;

on(5) ] no later than the secondThursday ebefore ua gprimary, egeneral bor lstatewide especial eelection, h Monday in September, a report of all expenditures made and n d d i = = o h contributions received onby or5:00 beforep.m. the first Monday in l ] b ,d i a º e September and not previously reported;

r i = r t e w d m a n o (4) [by 5:00 p.m.

on ] no later than the second d m :

b e d s º o t n = .211122.4 s k m e - 18 - e a n e d r e l u [ A d Monday in October, a report of all expenditures made and contributions received on or before the first Monday in October and not previously reported;

SJCº provided that if the second Monday of October is a state holiday, the report shall be made on the following day;»SJC (5) [by 5:00 p.m.

on] 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 that is for [five hundred dollars ($500) or] more than one thousand dollars ($1,000) in a [legislative or ] nonstatewide [judicial] election, or [two thousand five hundred dollars ($2,500) or] more than three thousand dollars ($3,000) in a statewide election, shall be h reported to the [properSB filing3 officerPage ]16 secretary of state u » r either in a supplemental report on a prescribed form within t h g e l i twenty-four hours of receipt or in the report to be filed [byno hlater rthan ithe sThursday 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]on no later than the ThursdayFriday before athe primary,election hmay ,be ereported hby general12:00 ornoon statewideon specialthe election,Monday exceptbefore thatthe anyelection; such t u g e b l e e , gh contribution or pledge to contribute that is received after n d d i = = o h 5:00 p.m.

on(6) theno Fridaylater beforethan the electionthirtieth mayday beafter reporteda primary election, a report by lall ]reporting bindividuals, ,dexcept ithose aindividuals ºthat rbecome 12:00candidates noonafter the primary election, of all expenditures made and contributions received on or before the Mondaytwenty-fifth beforeday after the election;primary election and not previously reported;

[and ] e r = t e w d m a n o (6) [by 5:00 p.m.

on ] no later than the d m :

b r e t º o t n = .211122.4 s k m e - 19 - e a n e d r e l u [ A d thirtieth day after a primary [general or statewide special] election, a report by all reporting individuals, except those individuals that become candidates after the primary election, of all expenditures made and contributions received on or before the twenty-fifth day after the primary election and not previously reported;

If a candidate, political committee, campaign h committee or public official has not received any contributionsSB u3 »Page r17 contributions and has not made any expenditures since the candidate's, t h g e l i committee's or official's last report was filed with the proper h r i s filing officer, the candidate, committee or official shall only h , e h be required to file a statement of no activity, which shall not t u g e b l e e , gh be required to be notarized, in lieu of a full report when that n d d i = = o h report would otherwise be due and shall not be required to file l ] b ,d i a º r a full report until the next required filing date occurring e r = t e w d m a n o after an expenditure is made or a contribution is received.

dD. m :

b r e t º o t n = .211122.4 s k m e - 20 - e a n e d r e l u [ A d D.

Except for candidates, campaign committees and public officials who file a statement of no activity, each [reporting individual ] 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 h delivers a report to theSB [proper3 filingPage officer18 ]the secretary of g o t hr state stating that:

g e i k (1) there are no outstanding campaign debts;

h r i s (2) all money has been expended in accordance h , t, with the provisions of Section 1-19-29.1 NMSA 1978;

and e u g e b l e e h (3) the bank [account has ] accounts have been n d d i = = o h closed.

lG. ] b ,d i a º e [G.

Each treasurer of a political committee shall r i = r t e w d m a n o file a report of expenditures and contributions pursuant to the d m :

b e d s º o t n = .211122.4 s k m e - 21 - e a n e d r e l u [ A d filing schedules set forth in this section until the treasurer files a report that affirms that the committee has dissolved or no longer exists and that its bank account has been closed.] G.

The committee shall retain the obligation to submit a new registration pursuant to Section 1-19-26.1 NMSA 1978 in the h event that its future activities meet the requisites for u » r registration under that section.

t h g e l i H.

A reporting individual who is a candidate within h r i s the meaning of the Campaign Reporting Act because of the amount h , e h of contributions the candidate receives or expenditures the t u g e b l e e , gh candidate makes and who does not ultimately fileSB a3 declarationPage n19 dfile da ideclaration = = o h of candidacy or a nominating petition with the [proper filing l ] b ,d i a º r officer] secretary of state and does not file a statement of no e r = t e w d m a n o activity shall file biannual reports in accordance with dSubsection mA :of this section.

b r e t º o t n = .211122.4 s k m e - 22 - e a n e d r e l u [ A d Subsection A of this section.

A report filed electronically shall be electronically authenticated by the candidate or the treasurer of the [political ] 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 [political ] committee who was required to file the report.

Reports required by this section shall be filed h electronically by all reporting individuals.

g o t hr K.

Reporting individuals may apply to the secretary g e i k of state for exemption from electronic filing in case of h r i s hardship, which shall be defined by the secretary of state." h , t, SECTION 8.

Section 1-19-31 NMSA 1978 (being Laws 1979, eSB u3 gPage e20 b l e e h Chapter 360, Section 7, as amended) is amended to read:

n d d i = = o h "1-19-31.

CONTENTS OF REPORT.--[A.REPORT.--Each required report of expenditures and contributions shall be typed or printed legibly, or on a computer disc or format approved by the secretary of state, and shall include:

]A. Each required report l ] b ,d i a º e of expenditures and contributions shall be typed or printed r i = r t e w d m a n o legibly, or on a computer disc or format approved by the d m :

b e d s º o t n = .211122.4 s k m e - 23 - e a n e d r e l u [ A d secretary of state, and shall include:

[(1) ] A.

[(2) ] B.

the occupationoccupation, [or], name and type of business, as applicableapplicable, , of any [person] individual or entity making contributions of [two hundred fifty dollars ($250) ] two hundred dollars ($200) or more in the aggregate per election;

[(3) ] C.

h [(4) ] D.

[and g o t hr (5)] E.

the date that the expenditure was made or g e i k the contribution was received;

hF. r i s [B.

Eachthe reportopening shalland containclosing ancash ]balance F.for the bank accounts maintained by the reporting individual during SB 3 Page 21 the reporting period and the name of the financial institution for each account;

the opening h , t, and closingG. cash balance for the bank [account ] accounts e u g e b l e e h maintained by the reporting individual during the reporting n d d i = = o h period and the name of the financial institution for each l ] b ,d i a º e account;

the amount of each unpaid debt and rthe iidentity =of rthe tperson eto wwhom dthe mdebt ais nowed." oSECTION [C.9.

Each report shall specify] G.

the amount of d m :

b e d s º o t n = .211122.4 s k m e - 24 - e a n e d r e l u [ A d each unpaid debt and the identity of the person to whom the debt is owed." SECTION 9.

CANDIDATES--POLITICAL OR CAMPAIGN COMMITTEES--COMMITTEES--TREASURER--BANK TREASURER--BANK ACCOUNT--ANONYMOUS CONTRIBUTIONS--CONTRIBUTIONS FROM SPECIAL EVENTS--CREDIT AND DEBIT CARD CONTRIBUTIONS.-- A.

[It is unlawful for the members of any ] A political or campaign committee or [any] a candidate [to make any expenditure or solicit or accept any contribution for a political purpose unless] shall ensure that:

provided, however, that when a duly appointed treasurer is unable for any reason to continue as treasurer, the candidate or [political ] committee shall appoint a successor SJCº and notify the secretary of state within ten hdays; days»SJC;

and provided further that a candidate may serve as g o t hr the candidate's own treasurer;

g e i k (2) all disbursements of money and receipts of h r i s contributions are authorized by and through the candidate or h , t, e u g treasurer;

e b l e e h (3) a [separate ] bank account has been n d d i = = o h established and all receipts of money contributions are l ] b ,d i a º e deposited in and all expenditures of money are [depositeddisbursed infrom rone ior =more rbank tSB e3 wPage d22 maccounts amaintained nby othe and]treasurer disbursedin fromthe [the]name oneof orthe morecandidate bankor [account]committee; accounts d m :

bprovided ethat dnothing sin ºthis osection tshall nprohibit =investments .211122.4from s k m e - 25 - e a nbank eaccount dto rearn einterest las ulong [as A d maintained by the treasurerinvestments inand theearnings nameare offully thereported. candidate or [political ] committee;

provided that nothing in this section shall prohibit investments from [the] a bank account to earn interest as long as the investments and earnings are fully reported.

and (4) the treasurer upon disbursing or receiving money or other things of value immediately enters and thereafter keeps a proper record preserved by the treasurer, including a full, true and itemized statement and account of each sum disbursed or received, the date of such disbursal or receipt, to whom disbursed or from whom received and the object h or purpose for which it was disbursed or received.

u » r B.

No anonymous contributions [may ] shall be t h g e l i accepted [in excess of] for more than one hundred dollars h r i s ($100).

The aggregate amount of anonymous contributions h , e h received by a reporting individual during a primary or general t u g e b l e e , gh election or a statewide special election shall not exceed two n d d i = = o h thousand dollars ($2,000) for statewide races and five hundred l ] b ,d i a º r dollars ($500) for all other races.

eSB r3 =Page t23 e w d m a n o C.

Cash contributions received at special events dthat mare :unidentifiable as to specific contributor but identifiable as to the special event are not subject to the anonymous contribution limits provided for in this section so long as no single special event raises, after expenses, more than one thousand dollars ($1,000) in such cash contributions.

b r e t º o t n = .211122.4 s k m e - 26 - e a n e d r e l u [ A d that are unidentifiable as to specific contributor but identifiable as to the special event are not subject to the anonymous contribution limits provided for in this section so long as no single special event raises, after expenses, more than one thousand dollars ($1,000) in such cash contributions.

For purposes of this subsection, "special event" includes an event such as a barbecue or similar fundraiser where tickets costing [fifteen dollars ($15.00) ] twenty-five dollars ($25.00) or less are sold or an event such as a coffee, tea or similar reception;

provided that no candidate shall accept contributions of more than twenty-five dollars ($25.00) in cash h at a special event from any one contributor.

u » r D.

Any contributions received pursuant to this t h g e l i section in excess of the limits established in Subsections B h r i s and C of this section shall be donated to the state general h , e h fund or an organization to which a federal income tax deduction t u g e b l e e , gh would be available under Subparagraph (A) of Paragraph (1) of n d d i = = o h Subsection (b) of Section 170 of the federal Internal Revenue l ] b ,d i a º r Code of 1986, as amended.

eSB r3 =Page t24 e w d m a n o E.

A candidate or political committee shall not daccept ma :contribution made 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 the card security code assigned to and printed or imprinted on the card and the billing address associated with the card." SECTION 10.

b r e t º o t n = .211122.4 s k m e - 27 - e a n e d r e l u [ A d accept a contribution made 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 the card security code assigned to and printed or imprinted on the card and the billing address associated with the card." SECTION 10.

No person shall make contributions or h expenditures with an intent to conceal the names of persons who u » r are the true source of funds used to make independent t h g e l i expenditures or the true recipients of the expenditures." h r i s SECTION 11.

Section 1-19-34.6 NMSA 1978 (being Laws 1995, h , e h Chapter 153, Section 19) is amended to read:

t u g e b l e e , gh "1-19-34.6.

CIVIL PENALTIES.-- n d d i = = o h A.

If the secretary of state reasonably believes l ] b ,d i a º r that a person committed, or is about to commit, a violation ofSB e3 rPage =25 tof e w d m a n o the Campaign Reporting Act, the secretary of state shall refer dthe mmatter :to the attorney general or a district attorney for enforcement.

b r e t º o t n = .211122.4 s k m e - 28 - e a n e d r e l u [ A d the matter to the attorney general or a district attorney for enforcement.

An action for relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including a civil penalty of [two hundred fifty dollars ($250) ] up to one thousand dollars ($1,000) for each violation not to exceed [five thousand dollars ($5,000)] a total of twenty thousand dollars ($20,000), and forfeiture of any contribution received as a result of an unlawful solicitation or unlawful contribution.

Each unlawful solicitation and each unlawful contribution made h or accepted shall be deemed a separate violation of the u » r Campaign Reporting Act.

t h g e l i C.

With or without a referral from the secretary of h r i s state, the attorney general or district attorney may institute h , e h a civil action in district court if a violation has occurred or t u g e b l e e , gh to prevent a violation of any provision of the Campaign n d d i = = o h Reporting Act other than that specified in Subsection B of this l ] b ,d i a º r section.

Relief may include a permanent or temporary einjunction, ra =restraining torder eor wany dother mSB a3 nPage o26 injunction,appropriate aorder, restrainingincluding an order orfor anya othercivil appropriatepenalty order,of dup mto :one thousand dollars ($1,000) for each violation not to exceed a total of twenty thousand dollars ($20,000)." SECTION 12.

b r e t º o t n = .211122.4 s k m e - 29 - e a n e d r e l u [ A d including an order for a civil penalty of [fifty dollars ($50.00)] up to one thousand dollars ($1,000) for each violation not to exceed [five thousand dollars ($5,000)] a total of twenty thousand dollars ($20,000)." SECTION 12.

CONTRIBUTION LIMITATIONS--CANDIDATES-- POLITICAL COMMITTEES.-- [A.A.

TheExcept followingas contributionsprovided byin theSubsections followingH personsthrough areJ prohibited:of this section:

(1) from a person, including a political committee, shall not make a contribution to a candidate, including the candidate's campaign committee, or to a political committee,committee in an amount that will cause that person's total contributions to a:the candidate or political committee to exceed five thousand dollars ($5,000) during a primary election cycle or five thousand dollars ($5,000) during a general election cycle;

(a)provided candidate for nonstatewide office, including the candidate's campaign committee, in an amount that willa causeperson thatmay person'smake totala contributionscontribution attributable to the candidategeneral toelection exceedcycle two thousand three hundred dollars ($2,300) during h the primary election orcycle twoeven thousandthough threethe hundredperson dollarshas ucontributed »the rmaximum ($2,300)amount duringallowed for the generalprimary election;election cycle:

t h g e l i (b) candidate for statewide office, h r i s including the candidate's campaign committee, in an amount that h , e h will cause that person's total contributions to the candidate t u g e b l e e , gh to exceed five thousand dollars ($5,000) during the primary n d d i = = o h election or five thousand dollars ($5,000) during the general l ] b ,d i a º r election;

or e r = t e w d m a n o (c) political committee in an amount d m :

b r e t º o t n = .211122.4 s k m e - 30 - e a n e d r e l u [ A d that will cause that person's total contributions to the political committee to exceed five thousand dollars ($5,000) during a primary election or five thousand dollars ($5,000) during a general election;

and (2) from a political committee to:

(a) a candidate for office, including the candidate's campaign committee, in an amount that will cause the political committee's total contributions to the candidate to exceed five thousand dollars ($5,000) during the primary election or five thousand dollars ($5,000) during the general election;

or (b) another political committee in an amount that will cause that political committee's total contributions to the political committee to exceed five thousand dollars ($5,000) during a primary election or five thousand dollars ($5,000) during a general election.] h A.

Except as provided in Subsections HJCº F and u » r G»HJC HJCºH through J»HJC of this section:

t h g e l i (1) a person, including a political committee, h r i s shall not make a contribution to a candidate, including the h , e h candidate's campaign committee, or to a political committee in t u g e b l e e , gh an amount that will cause that person's total contributions to n d d i = = o h the candidate or political committee to exceed five thousand l ] b ,d i a º r dollars ($5,000) during a primary election cycle or five e r = t e w d m a n o thousand dollars ($5,000) during a general election cycle;

d m :

b r e t º o t n = .211122.4 s k m e - 31 - e a n e d r e l u [ A d provided that a person may make a contribution attributable to the general election cycle during the primary election cycle even though the person has contributed the maximum amount allowed for the primary election cycle:

and (b) if the candidate is not on the general election ballot, all contributions made to the SB 3 Page 27 candidate for the general election are returned to the persons who made the contributions or deposited in the public election fund;

and (2) a primary election candidate who does not become a candidate on the general election ballot shall remain subject to the contribution limits of the primary election cycle and shall not accept a contribution from a person who has contributed the maximum allowable amount during the primary h election cycle to pay for primary election expenditures of the u » r campaign.

tB. h g e l i HJCºB.

A person, including a political committee, shall h r i s not make a contribution to a candidate committee authorized for h , e h the purpose of electing a candidate for governor in an amount t u g e b l e e , gh that will cause that person's total contributions to the n d d i = = o h committee to exceed two times the limit imposed pursuant to l ] b ,d i a º r Subsection A of this section.

e r = t e w d m a n o C.

Except as provided in Subsection K of this dsection, ma :person, including a political committee, shall not make a contribution to a political party or legislative caucus committee in an amount that will cause that person's total contributions to the political party or legislative caucus committee to exceed five times the limit imposed pursuant to Subsection A of this section.

bD. r e t º o t n = .211122.4 s k m e - 32 - e a n e d r e l u [ A d section, a person, including a political committee, shall not make a contribution to a political party or legislative caucus committee in an amount that will cause that person's total contributions to the political party or legislative caucus committee to exceed five times the limit imposed pursuant to Subsection A of this section.»HJC HJCºB.

D.»HJC All contributions made by a person to a candidate, either directly or indirectly, including SB 3 Page 28 contributions that are in any way earmarked or otherwise directed through another person to a candidate, shall be treated as contributions from the person to that candidate.

HJCºE. C.

E.»HJC A person, including a political committee, shall not knowingly accept or solicit a contribution, directly or indirectly, including a contribution earmarked or otherwise directed or coordinated through another person, including a political committee, that violates the h contribution limits provided for in this section.

uF. » r HJCº D.

F.»HJC On [the day] January 1 after each t h g e l i general election, the contribution amounts provided in h r i s Subsection A of this section shall be increased by the h , e h percentage of the preceding two calendar [year's] years' t u g e b l e e , gh increase of the consumer price index for all urban consumers, n d d i = = o h United States city average for all items, published by the l ] b ,d i a º r United States department of labor.

The amount of the increase e r = t e w d m a n o shall be rounded to the nearest multiple of one hundred dollars d($100). m :

bThe rsecretary eof tstate ºshall opublish tby nOctober =1 .211122.4before seach kgeneral melection ethe -adjusted 33contribution -limits ethat ashall ntake eeffect dthe rJanuary e1 lfollowing ugeneral [election. A d ($100).

TheG. secretary of state shall publish by October 1 before each general election the adjusted contribution limits that shall take effect the [day after the ] January 1 following general election.

HJCºAll E.contributions in excess of the limits imposed by the provisions of this section shall be deposited in the public election fund upon a finding by the secretary of state that the contribution limits have been exceeded.

G.»HJCH. All contributions in excess of the limits imposed by the provisions of this section shall be deposited in the public election fund upon a finding by the secretary of state that the contribution limits have been exceeded.

HJCºThe F.limitation on contributions to a candidate SB 3 Page 29 provided for in Subsection A of this section shall not apply to a candidate's own contribution from the candidate's personal funds to the candidate's own campaign.

H.»HJCI. The limitation on contributions to a candidate provided for in Subsection A of this section shall not apply to a candidate's own contribution from the candidate's personal funds to the candidate's own campaign.

[G.The limitations on contributions to political committees provided for in Subsection A of this section shall not apply to a political committee that makes only independent expenditures or to a contribution to a political committee that is deposited in a segregated bank account that may only be used to make independent expenditures.

ForJ. the purposes of this section:

(1) "primary election" means the period beginning on the day after the general election for the h applicable office and ending on the day of the primary for that g o t hr office;

and g e i k (2) "general election" means the period h r i s beginning on the day after the primary for the applicable h , t, office and ending on the day of the general election for that e u g e b l e e h office.] n d d i = = o h HJCº G.

I.»HJC The limitations on contributions to l ] b ,d i a º e political committees provided for in Subsection A of this r i = r t e w d m a n o section shall not apply to a political committee that makes d m :

b e d s º o t n = .211122.4 s k m e - 34 - e a n e d r e l u [ A d only independent expenditures or to a contribution to a political committee that is deposited in a segregated bank account that may only be used to make independent expenditures.

HJCº"»HJC HJCºJ.

For purposes of this subsection, "campaign committee" includes a candidate committee regulated by the h federal election commission.

u » r t h L.

The members of a political party in a chamber of g e l i the legislature shall not maintain more than one legislativeSB h3 rPage i30 slegislative h , caucus committee in each chamber."»HJCchamber." e h t u g SECTION 13.

Section 1-19-35 NMSA 1978 (being Laws 1979, e b l e e , gh Chapter 360, Section 11, as amended) is amended to read:

n d d i = = o h l ] b ,d "1-19-35.

REPORTS AND STATEMENTS--LATE FILING PENALTY-- i a º r e r = FAILURE TO FILE.-- tA. e w d m a n o d m :

bExcept rfor ethe treport ºrequired oto tbe nfiled =and .211122.4delivered sthe kThursday mprior eto -the 35election -and eany supplemental report, as required in Paragraph (5) of Subsection B of Section 1-19-29 NMSA 1978, that is due prior to the election, and subject to the provisions of Section 1-19-34.4 NMSA 1978, if a nstatement eof dno ractivity eor la ureport [of Aexpenditures dand A.contributions contains false or incomplete information or is filed after any deadline imposed by the Campaign Reporting Act, the responsible reporting individual or political committee, in addition to any other penalties or remedies prescribed by the Election Code, shall be liable for and shall pay to the secretary of state fifty dollars ($50.00) per day for each regular working day after the time required by the Campaign Reporting Act for the filing of statements of no activity or reports of expenditures and contributions until the complete or true statement or report is filed, up to a maximum of five thousand dollars ($5,000).

ExceptB. for the report required to be filed and delivered the Thursday prior to the election and any supplemental report, as required in Paragraph (5) of Subsection B of Section 1-19-29 NMSA 1978, that is due prior to the election, and subject to the provisions of Section 1-19-34.4 NMSA 1978, if a statement of no activity or a report of expenditures and contributions contains false or incomplete information or is filed after any deadline imposed by the Campaign Reporting Act, the responsible reporting individual or political committee, in addition to any other penalties or remedies prescribed by the Election Code, shall be liable for and shall pay to the secretary of state fifty dollars ($50.00) per day for each regular working day after the time required by the Campaign Reporting Act for the filing of statements of no activity or reports of expenditures and contributions until the complete or true statement or report is filed, up to a maximum h of five thousand dollars ($5,000).

uIf »any rreporting B.individual files a false, intentionally incomplete or late report of expenditures and SB 3 Page 31 contributions due on the Thursday prior to the election, the reporting individual or political committee shall be liable and pay to the secretary of state five hundred dollars ($500) for the first working day and fifty dollars ($50.00) for each subsequent working day after the time required for the filing of the report until the true and complete report is filed, up to a maximum of five thousand dollars ($5,000).

If any reporting individual files a false, t h g e l i intentionally incomplete or late report of expenditures and h r i s contributions due on the Thursday prior to the election, the h , e h reporting individual or political committee shall be liable and t u g e b l e e , gh pay to the secretary of state five hundred dollars ($500) for n d d i = = o h the first working day and fifty dollars ($50.00) for each l ] b ,d i a º r subsequent working day after the time required for the filing e r = t e w d m a n o of the report until the true and complete report is filed, up d m :

b r e t º o t n = .211122.4 s k m e - 36 - e a n e d r e l u [ A d to a maximum of five thousand dollars ($5,000).

A report or statement of [exception ] no activity shall be deemed timely filed only if it is received by the [proper filing officer ] secretary of state by the date and time prescribed by law.

Any candidate who fails or refuses to file a report of expenditures and contributions or statement of no h activity or to pay a penalty imposed by the secretary of state u » r as required by the Campaign Reporting Act shall not, in t h g e l i addition to any other penalties provided by law:

hSB r3 iPage s32 (1) have the candidate's name printed upon the h , e h ballot if the violation occurs before and through the final t u g e b l e e , gh date for the withdrawal of candidates;

or n d d i = = o h (2) be issued a certificate of nomination or l ] b ,d i a º r election, if the violation occurs after the final date for ewithdrawal rof =candidates tor eafter wthe delection, muntil athe ncandidate osatisfies withdrawalall ofreporting candidatesrequirements orof after the election,Campaign untilReporting theAct dand mpays :all penalties owed.

b r e t º o t n = .211122.4 s k m e e a n e d r e l u [ A d candidate satisfies all reporting requirements of the Campaign Reporting Act and pays all penalties owed.

PENALTIESPENALTIES.-- [CRIMINAL ENFORCEMENT ].-- A.

Any person who knowingly and willfully violates any provision of the Campaign Reporting Act is guilty of a h misdemeanor and shall be punished by a fine of not more than u » r one thousand dollars ($1,000) or by imprisonment for not more t h g e l i than one year or both.

hSB r3 iPage s33 B.

The Campaign Reporting Act may be enforced by h , e h the attorney general or the district attorney in the county t u g e b l e e , gh where the candidate resides, where a political committee has n d d i = = o h its principal place of business or where the violation l ] b ,d i a º r occurred." e r = t e w d m a n o HJCº SECTION 15.

LEGISLATIVE CAUCUS COMMITTEE.-- dA. m :

b r e t º o t n = .211122.4 s k m e - 38 - e a n e d r e l u [ A d A.

h C.

Upon a change of the designated leader of the u » r t h legislative caucus committee, no funds shall be expended by the g e l i legislative caucus committee until the secretary of state hasSB h3 rPage i34 shas been notified of h , e h t u g the change in designated leader of the legislative caucus e b l e e , gh committee.

n d d i = = o h l ] b ,d D.

Funds belonging to a legislative caucus i a º r e r = committee shall be managed by the designated leader or the tleader's edesignee. w d m a n o d m :

b r e t º o t n = .211122.4 s k m e - 39 - e a n e d r e l u [ A d leader's designee.»HJC SECTION HJCº15.16.

16.»HJC TEMPORARY PROVISION.--The secretary of state, in consultation with the attorney general, shall promulgate rules to implement the amendatory provisions of this act by August 1, 2019.

SECTION HJCº17. 16.

17.»HJC REPEAL.--Sections 1-19-16 and 1-19-17 NMSA 1978 (being Laws 1973, Chapter 401, Sections 1 and 2) are repealed.

SECTION HJCº18. 17.

18.»HJC EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

-SB 403 -Page »35 g25 o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .211122.4 s k m e e a n e d r e l u [ A d