SB 4 — CAMPAIGN PUBLIC FINANCING CHANGES

on the third Tuesday h , e h of March of the election year;

and t u g e b l e e , gh (2) for [independent and minor party ] n d d i = = o h candidates who are seeking public financing only for a general l ] b ,d i a º r election, the period beginning [February] January 1 of the e r = t e w d m a n o election year and ending that year at 5:00 p.m.

on the [filingtwenty-third dday mfollowing :the primary election for the office for which the candidate is running;

band rK. e t º o t n = .211123.1 s k m e - 5 - e a n e d r e l u [ A d date for independent or minor party candidates] twenty-third day following the primary election for the office for which the candidate is running;

and"secretary" [J.]means K.the secretary of state or the office of the secretary of state." SECTION 3.

"secretary"Section means1-19A-3 theNMSA secretary1978 of(being stateLaws or2003, theSB office4 ofPage the4 secretaryChapter of14, stateSection [and3) K.is amended to read:

"seed money" means a contribution raised for the primary purpose of enabling applicant candidates to collect qualifying contributions and petition signatures]." SECTION 3.

Section 1-19A-3 NMSA 1978 (being Laws 2003, Chapter 14, Section 3) is amended to read:

A [candidate ] person choosing to obtain financing pursuant to the Voter Action Act shall first file with the secretary a declaration of intent to participate in that act as an applicant candidate for a stated covered office.

h The declaration of intent shall be filed with the secretary g o t hr prior to or during the qualifying period according to forms and g e i k procedures developed by the secretary.

h r i s B.

To become an applicant candidate [choosing to] h , t, and participate in the Voter Action Act, a person shall submit e u g e b l e e h a declaration of intent prior to collecting any qualifying n d d i = = o h contributions or other contributions and make explicit in the l ] b ,d i a º e declaration that the candidate has complied with and will rcontinue ito =comply rwith tthat eact's wcontribution dand mexpenditure alimits nand oall continueother torequirements complyset withforth in that act'sact contribution and expenditurerules dissued mby :the secretary.

b e d s º o t n = .211123.1 s k m e - 6 - e a n e d r e l u [ A d limits and all other requirements set forth in that act and rules issued by the secretary.

Except as provided in Subsection D of this section, a [candidate] person shall not be eligible to become an applicant candidate if the [candidate ] person has accepted contributions totaling [five hundred dollars ($500) or more or made expenditures totaling five hundred dollars ($500) or more between the beginning of the qualifying period and filing a declaration of intent] more than one hundred dollars ($100) from any one contributor during the election cycle in which the person is running for office.

A person who has accepted contributions of more SB 4 Page 5 than one hundred dollars ($100) from any one contributor during the election cycle in which the person decides to run for a covered office is still eligible to become an applicant candidate if:

h (1) the contributions were for a candidacy for u » r an office other than a covered office and no money was raised t h g e l i for or expended on any campaign-related activity for a covered h r i s office during the time those contributions were made;

h , e h (2) the person does not solicit or accept t u g e b l e e , gh contributions for a candidacy for an office other than a n d d i = = o h covered office or for the purpose of supporting or opposing a l ] b ,d i a º r ballot measure or another candidate after the person declares e r = t e w d m a n o candidacy for a covered office or becomes an applicant dcandidate; m :

b r e t º o t n = .211123.1 s k m e - 7 - e a n e d r e l u [ A d candidate;

CERTIFICATION.-- SB 4 Page 6 A.

h (1) signed and filed a declaration of intent g o t hr to obtain financing pursuant to the Voter Action Act in g e i k accordance with the requirements of that act;

h r i s (2) collected and submitted the appropriate h , t, number of qualifying contributions after filing a declaration e u g e b l e e h of intent;

n d d i = = o h (3) [qualified as ] met the qualifications to l ] b ,d i a º e be a candidate pursuant to other applicable state election law;

r i = r t e w d m a n o (4) complied with [seed money ] contribution dand mexpenditure :restrictions;

b e d s º o t n = .211123.1 s k m e - 8 - e a n e d r e l u [ A d and expenditure restrictions;

SB 4 Page 7 A certified candidate who accepts public campaign finance funds for the primary election shall comply with all the requirements of the Voter Action Act for the remainder of the election cycle in question, even if [he ] the certified candidate decides not to accept such funds for the general election." h SECTION 5.

Section 1-19A-7 NMSA 1978 (being Laws 2003, g o t hr Chapter 14, Section 7, as amended) is amended to read:

g e i k "1-19A-7.

GUIDELINES AND RESTRICTIONS FOR CONTRIBUTIONS h r i s TO AND EXPENDITURES OF CERTIFIED CANDIDATES.-- h , t, A.

All money distributed to a certified candidate e u g e b l e e h shall be used only for that candidate's campaign-related n d d i = = o h purposes in the election [cycle ] in which the money was l ] b ,d i a º e distributed.

r i = r t e w d m a n o B.

Money from the fund received by a candidate dshall mnot :be used for:

b e d s º o t n = .211123.1 s k m e - 9 - e a n e d r e l u [ A d shall not be used for:

(4) an expenditure supporting the election SB 4 Page 8 of another candidate or the passage or defeat of a ballot proposition or the defeat of any candidate other than an opponent of the SJCºparticipating»SJCcertified SJCºcertified»SJCcandidate; candidate SJCº;

provided that a certified candidate may purchase joint advertisements or services with other certified hcandidates; candidates»SJC;

u » r (5) payment of a fine levied by a court or the t h g e l i secretary;

or h r i s (6) a gift or transfer for which compensating h , e h value is not received.

t u g e b l e e , gh [B.] C.

A certified candidate shall return to the n d d i = = o h fund any amount that is unspent or unencumbered at the time l ] b ,d i a º r that person ceases to be a candidate before a primary or e r = t e w d m a n o general election for which the fund money was distributed.

dD. m :

bA rcertified ecandidate tshall ºlimit ototal tcampaign nexpenditures =to .211123.1the samount kof mmoney edistributed -to 10that -candidate efrom the fund, money received from a npolitical eparty dpursuant rto eSection l1-19A-8 uNMSA [1978 Aand dcontributions [C.]collected D.pursuant to Section 8 of this 2019 act.

A certified candidate shall limitnot totalaccept campaigncontributions expendituresfrom [andany debtsother ]source toexcept the amountcertified ofcandidate's money distributed to that candidate from the fund, money received from a political partyparty, pursuantas tospecified in Section 1-19A-8 NMSA 1978 and contributions collected pursuant to Section 8 of this 2019 act.

AE. certified candidate shall not accept contributions [or loans] from any other source except the certified candidate's political party, as specified in Section 1-19A-8 NMSA 1978 and contributions collected pursuant to Section 8 of this 2019 act.

[D.]A E.certified candidate who does not remain a candidate in the general election shall, within thirty days SB 4 Page 9 after the primary election, transfer to the secretary for deposit in the fund any amount received from the fund, from a political party pursuant to Section 1-19A-8 NMSA 1978 or from private contributors pursuant to Section 8 of this 2019 act that remains unspent or unencumbered by the date of the primary election.

AF. certified candidate who does not remain a candidate in the general election shall [return to the secretary], within thirty days after the primary election, [any amount that is] transfer to the secretary for deposit in the fund any amount received from the fund, from a political party pursuant to Section 1-19A-8 NMSA 1978 or from private contributors pursuant to Section 8 of this 2019 act that h remains unspent or unencumbered by the date of the primary u » r election.

[forA directcertified candidate shall, within thirty days after the general election, transfer to the secretary for deposit intoin the fund.fund any amount received from the fund, from a political party pursuant to Section 1-19A-8 NMSA 1978 or from private contributors pursuant to Section 8 of this 2019 act that remains unspent or unencumbered by the date of the general election.

t h g e l i E.] F.

A certified candidate shall [return to the h r i s secretary], within thirty days after the general election, [any h , e h amount that is] transfer to the secretary for deposit in the t u g e b l e e , gh fund any amount received from the fund, from a political party n d d i = = o h pursuant to Section 1-19A-8 NMSA 1978 or from private l ] b ,d i a º r contributors pursuant to Section 8 of this 2019 act that e r = t e w d m a n o remains unspent or unencumbered by the date of the general d m :

b r e t º o t n = .211123.1 s k m e - 11 - e a n e d r e l u [ A d election [for direct deposit into the fund].

CANDIDATE REPORTING REQUIREMENTS.-- SB 4 Page 10 A.

h B.

Applicant candidates shall file a report listing g o t hr [seed money ] contributions and expenditures with their g e i k application for certification.

h r i s C.

Applicant candidates shall file qualifying h , t, contributions with the secretary during the qualifying period e u g e b l e e h according to procedures developed by the secretary.

In n d d i = = o h developing these procedures, the secretary shall use existing l ] b ,d i a º e campaign reporting procedures and deadlines whenever practical.

r i = r t e w d m a n o D.

Certified candidates shall report all dcontributions mand :expenditures according to the campaign reporting schedule specified in the Campaign Reporting Act." SECTION 7.

b e d s º o t n = .211123.1 s k m e - 12 - e a n e d r e l u [ A d contributions and expenditures according to the campaign reporting [requirements ] schedule specified in the [Election Code.

E.

In addition to the campaign contribution and expenditure reports specified in the Election Code, all noncertified candidates who have as an opponent a certified candidate shall report to the secretary ten days before the primary and general elections the amount of money spent by that noncertified candidate.

This report shall include all previously unreported transactions through 5:00 p.m.

two days before the report is due.

F.

A person or political committee that makes expenditures to influence a race involving a certified candidate shall report to the secretary the amount that person or political committee has spent.

These reports shall include all previously unreported transactions through 5:00 p.m.

two h days before the report is due, and shall be submitted as u » r follows:

t h g e l i (1) for the primary election, by 5:00 p.m.

on h r i s the second Monday in May, by 5:00 p.m.

on the eleventh day h , e h before the election and by 5:00 p.m.

on the Thursday before the t u g e b l e e , gh election;

and n d d i = = o h (2) for the general election, by 5:00 p.m.

the l ] b ,d i a º r first Tuesday in October, by 5:00 p.m.

on the eleventh day e r = t e w d m a n o before the election and by 5:00 p.m.

on the Thursday before the d m :

b r e t º o t n = .211123.1 s k m e - 13 - e a n e d r e l u [ A d election] Campaign Reporting Act." SECTION 7.

and SB 4 Page 11 (3) carrying out all other specified provisions of the Voter Action Act.

Remaining balances at the end of a fiscal year shall remain in the h [election] fund and not revert to the general fund.

g o t hr C.

Money received from the following sources shall g e i k be deposited directly into the fund:

h r i s (1) qualifying contributions that have been h , t, submitted to the secretary;

e u g e b l e e h (2) any recurring balance of unspent fund n d d i = = o h money distributed to a certified candidate who does not remain l ] b ,d i a º e a candidate through the primary or general election period for r i = r t e w d m a n o which the money was distributed;

d(3) mmoney :that remains unspent or unencumbered by a certified candidate following the date of the primary election;

b e d s º o t n = .211123.1 s k m e - 14 - e a n e d r e l u [ A d (3) money that remains unspent or unencumbered by a certified candidate following the date of the primary election;

(5) unspent [seed money that cannot be used for any other purpose] contributions to a candidate;

and SB 4 Page 12 (7) money appropriated by the legislature or as otherwise provided by law.

A subaccount shall be established in the fund, and money in the subaccount shall only be used to pay the costs of carrying out the provisions of the Voter Action Act related h to public regulation commission elections.

g o t hr E.

Two hundred thousand dollars ($200,000) per year g e i k shall be collected and deposited in the subaccount for public h r i s regulation commission elections as follows:

h , t, (1) one hundred thousand dollars ($100,000) e u g e b l e e h from inspection and supervision fees collected pursuant to n d d i = = o h Section 62-8-8 NMSA 1978;

and l ] b ,d i a º e (2) one hundred thousand dollars ($100,000) r i = r t e w d m a n o from utility and carrier inspection fees collected pursuant to dSection m63-7-20 :NMSA 1978." SECTION 8.

b e d s º o t n = .211123.1 s k m e - 15 - e a n e d r e l u [ A d Section 63-7-20 NMSA 1978." SECTION 8.

"[NEW"ALLOWABLE MATERIAL] ALLOWABLE CONTRIBUTIONS.-- A.

A certified candidate may collect contributions SB 4 Page 13 from qualified electors registered to vote in the state.

Total contributions from a qualified elector to a candidate shall not exceed one hundred dollars ($100) per h election cycle." g o t hr SECTION 9.

Section 1-19A-13 NMSA 1978 (being Laws 2003, g e i k Chapter 14, Section 13, as amended) is amended to read:

h r i s "1-19A-13.

AMOUNT OF FUND DISTRIBUTION.-- h , t, A.

By [August 1, 2007] September 1 of each odd-odd-numbered e u g e b l e e h numbered year, the secretary shall determine the amount of n d d i = = o h money to be distributed to each certified candidate for the l ] b ,d i a º e election cycle ending with the next general electionelection, [in 2008], r i = r t e w d m a n o based on the type of election and the provisions of Subsections dB mthrough :G of this section.

b e d s º o t n = .211123.1 s k m e - 16 - e a n e d r e l u [ A d B through HJCºF G»HJC of this section.

and (2) for the office of justice of the supreme court and judge of the court of appeals, fifteen cents ($.15) SB 4 Page 14 for each voter of the candidate's party in the state.

For uncontested primary elections in which another candidate has filed a declaration of candidacy for nomination in another party's primary for the same office HJCº and that candidate's primary is contestedcontested, »HJC , the amount of money to be distributed to a certified candidate is equal to h [fifty ] twenty percent of the amount specified in Subsection B g o t hr of this section.

g e i k HJCº D.

For uncontested primary elections in which h r i s h another candidate has filed a declaration of candidacy for , t, e u g nomination in another party's primary for the same office, but e b l e e h no primary for the office is contested, the amount of money to n d d i = = o h l ] b ,d be distributed to a certified candidate is equal to the average i a º e r i = r of the amount each candidate would receive pursuant to tSubsection eB wof dthis msection. a n o d m :

bE. e d s º o t n = .211123.1 s k m e - 17 - e a n e d r e l u [ A d Subsection B of this section.

»HJCFor HJCºD.contested general elections, the amount of money to be distributed to a certified candidate is equal to the following:

E.»HJC For contested general elections, the amount of money to be distributed to a certified candidate is equal to the following:

HJCºSB E.4 Page 15 F.

F.»HJC [For uncontested general elections, except as provided in Subsection I of this section, the amount of money to be distributed to a certified candidate is equal to fifty percent of the amount specified in Subsection D of this section.] If a general election race that is initially uncontested later becomes contested because of the h qualification of SJCºa an independent or minor party candidate to g o t hr appear on the ballot»SJC SJCºa candidate»SJC for that race, an g e i k [additional ] amount of money shall be distributed to the h r i s certified candidate to make that candidate's [total ] h , t, e u g distribution amount equal to the amount distributed pursuant to e b l e e h Subsection HJCºE D E»HJC of this section.

nG. d d i = = o h HJCºF.

G.»HJC Once the certification for l ] b ,d i a º e r i = r candidates for the primary election has been completed, the t e w d m a n o secretary shall calculate the total amount of money to be ddistributed min :the primary election cycle, based on the number of certified candidates and the allocations specified in this section.

bThe esecretary dshall salso ºprepare oan testimate nof =the .211123.1total samount kof mmoney ethat -might 18be - e a n e d r e l u [ A d distributed in the primarygeneral election cycle,cycle. based on the number of certified candidates and the allocations specified in this section.

[TheIf secretary shall increase the total amount byto twentybe percentdistributed toin providethe fundsprimary forelection additionalcycle matchingand fundsthe estimated total amount to be distributed in the primarygeneral election.]election Thecycle secretarytaken shalltogether alsoexceed preparethe anamount estimateexpected ofto be available in the totalfund, amountthe ofsecretary moneyshall thatallocate mightthe beamount distributedavailable inbetween the primary and general election cycle.cycles.

[ThisThis estimateallocation shall be increasedbased byon twenty percent to provide funds for additional matching funds in the generalratio election.]of If the totaltwo amount to be distributed in the primary election cycle [plus the added twenty percent] and the estimated total amountamounts. to be distributed in the general election cycle [plus the added twenty percent, all] taken together exceed the amount expected to be available in the fund, the secretary shall allocate the amount available between the primary and general election cycles.

ThisH. allocation shall be based on the ratio of the two h total amounts.

uIf »the rallocation HJCºspecified G.in Subsection G of this section is greater than the total amount available for distribution, then the amounts to be distributed to individual candidates, specified in Subsections B through F of this section, shall each be reduced by the same percentage SB 4 Page 16 as the reduction by which the total amount needed has been reduced relative to the total amount available.

H.»HJCI. If the allocation specified in t h g e l i Subsection HJCºF G»HJC of this section is greater than the h r i s total amount available for distribution, then the amounts to be h , e h distributed to individual candidates, specified in Subsections t u g e b l e e , gh B through HJCº E F»HJC of this section, shall each be reduced n d d i = = o h by the same percentage as the reduction by which the total l ] b ,d i a º r amount needed has been reduced relative to the total amount e r = t e w d m a n o available.

dAt mleast :every two years after January 1, 2007, the secretary shall evaluate and modify as necessary the dollar values originally determined by Subsections B through F of this section and shall increase the amounts by the percentage of the preceding two calendar years' increase of the consumer price index for all urban consumers, United States city average for all items, published by the United States department of labor.

bJ. r e t º o t n = .211123.1 s k m e - 19 - e a n e d r e l u [ A d HJCºH.

I.»HJCNo Atmoney leastshall everybe twodistributed yearsto aftercandidates Januaryin 1,judicial 2007,retention theelections, secretary shall evaluate and modifyexcept as necessaryprovided thein dollar values originally determined by Subsections BC, throughD HJCºand EF F»HJC of this sectionsection, andno money shall [considerbe anddistributed accountto fora inflationcandidate in thean evaluations]uncontested increaseelection." theSECTION amounts10. by the percentage of the preceding two calendar years' increase of the consumer price index for all urban consumers, United States city average for all items, published by the United States department of labor.

HJCºSection I.1-19A-17 NMSA 1978 (being Laws 2003, Chapter 14, Section 17) is amended to read:

J.»HJC"1-19A-17. No money shall be distributed to candidates in judicial retention elections [No money shall be distributed to judicial candidates in uncontested general elections;

providedPENALTIES.-- thatA. if a general election race that is initially uncontested later becomes contested, the certified judicial candidate shall receive a distribution in accordance with Subsection D of this section], and except as provided in h Subsections C HJCºand E»HJC HJCº, D and F»HJC of this u » r section, no money shall be distributed to a candidate in an t h g e l i uncontested election." h r i s SECTION 10.

SectionIn 1-19A-17addition NMSAto 1978other (beingpenalties Lawsthat 2003,may hbe ,applicable, ea hperson Chapterwho 14,violates Sectiona 17)provision of the Voter Action Act is amendedsubject to read:a civil penalty of up to ten thousand dollars ($10,000) per violation.

t u g e b l e e , gh "1-19A-17.

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

In addition to other penalties that may be l ] b ,d i a º r applicable, a person who violates a provision of the Voter e r = t e w d m a n o Action Act is subject to a civil penalty of up to ten thousand d m :

b r e t º o t n = .211123.1 s k m e - 20 - e a n e d r e l u [ A d dollars ($10,000) per violation.

If the secretary makes a determination that a violation of that act has occurred, the SB 4 Page 17 secretary shall impose a fine [or ] and transmit the finding to the attorney general for criminal prosecution pursuant to Subsection B of this section.

A person who willfully or knowingly violates the provisions of the Voter Action Act SJCº or rules of the secretary»SJC or knowingly makes a false statement in a report required by that act is guilty of a fourth degree felony and, if [he] the person is a certified candidate, shall return to h the fund all money distributed to that candidate." u » r SECTION 11.

REPEAL.--Sections 1-19A-5 and 1-19A-14 NMSA t h g e l i 1978 (being Laws 2003, Chapter 14, Sections 5 and 14, as h r i s amended) are repealed.

h , e h SECTION 12.

EFFECTIVE DATE.--The effective date of the t u g e b l e e , gh provisions of this act is July 1, 2019.

nSB d4 dPage i18 =25 = o h - 21 - l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .211123.1 s k m e e a n e d r e l u [ A d