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AN ACT

RELATING TO ELECTIONS; CHANGING CANDIDATE REPORTING

REQUIREMENTS OF THE CAMPAIGN REPORTING ACT.

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

Section 1. Section 1-19-29 NMSA 1978 (being Laws 1993,

Chapter 46, Section 5, as amended) is amended to read:

"1-19-29. TIME AND PLACE OF FILING REPORTS.--

A. Annually, except as otherwise provided in this

section, all reporting individuals shall file with the proper

filing officer by 5:00 p.m. on the second Monday in May a

report of all expenditures made and contributions received on

or before the first Monday in May and not previously

reported. The report shall be filed annually until the

reporting individual's bank account has been closed and the

other provisions specified in Subsection F of this section

have been satisfied.

B. In an election year, in addition to the May

report provided for in Subsection A of this section, all

reporting individuals, except for persons who file a

statement of exception pursuant to Section 1-19-33 NMSA 1978,

candidates who file a statement of no activity and public

officials who are not candidates in an election that year,

shall file reports of all expenditures made and contributions

received according to the following schedule:

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(1) by 5:00 p.m. on the second Monday in

October, a report of all expenditures made and contributions

received on or before the first Monday in October and not

previously reported;

(2) by 5:00 p.m. on 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. Any contribution or

pledge to contribute that is received after 5:00 p.m. on the

Tuesday before the election and that is for five hundred

dollars ($500) or more in a legislative or non-statewide

judicial election, or two thousand five hundred dollars

($2,500) or more in a statewide election, shall be reported

to the proper filing officer either in a supplemental report

on a prescribed form within twenty-four hours of receipt or

in the report to be filed by 5:00 p.m. on the Thursday before

a primary, general or statewide special election, except that

any such contribution or pledge to contribute that is

received after 5:00 p.m. on the Friday before the election

may be reported by 12:00 noon on the Monday before the

election; and

(3) by 5:00 p.m. on the thirtieth day after

a primary, general or statewide special election, a report of

all expenditures made and contributions received on or before

the twenty-fifth day after the election and not previously

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reported.

C. If a candidate has not received any

contributions and has not made any expenditures since the

candidate's last report was filed with the proper filing

officer, the candidate shall only be required to file a

statement of no activity, which shall not be required to be

notarized, in lieu of a full report when that report would

otherwise be due and shall not be required to file a full

report until the next required filing date occurring after an

expenditure is made or a contribution is received.

D. Notwithstanding the other provisions of this

section, the report due on the thirtieth day after an

election need be the only report filed after the annual May

report if the candidate is not opposed in the election and if

the report includes all expenditures made and contributions

received for that election and not previously reported.

E. A report of expenditures and contributions

filed after a deadline set forth in this section shall not be

deemed to have been timely filed.

F. Except for candidates who file a statement of

no activity, each reporting individual shall file a report of

expenditures and contributions annually pursuant to the

filing schedule set forth in this section, regardless of

whether any expenditures were made or contributions were

received during the reporting period. Reports shall be

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required until the reporting individual delivers a report to

the proper filing officer stating 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 account has been closed.

G. Each treasurer of a political committee shall

file a report of expenditures and contributions annually

pursuant to the filing schedule 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.

H. A reporting individual who is a candidate

within the meaning of the Campaign Reporting Act because of

the amount of contributions the candidate receives or

expenditures the candidate makes and who does not ultimately

file a declaration of candidacy or a nominating petition with

the proper filing officer and does not file a statement of no

activity shall nevertheless file a report, not later than the

second Monday in May for a primary election or the second

Monday in October for a general election, of all

contributions received and expenditures made on or before the

first Monday in May for a primary election or the first

Monday in October for a general election and not previously

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reported.

I. Reports required by this section shall be

subscribed and sworn to by the candidate or the treasurer of

the political committee. 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.

J. Reports required by this section shall be filed

electronically by all reporting individuals.

K. Reporting individuals may apply to the

secretary of state for exemption from electronic filing in

case of hardship, which shall be defined by the secretary of

state."

Section 2. Section 1-19-31 NMSA 1978 (being Laws 1979,

Chapter 360, Section 7, as amended) is amended to read:

"1-19-31. CONTENTS OF REPORT.--

A. 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,

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and shall include:

(1) the name and address of the person or

entity to whom an expenditure was made or from whom a

contribution was received, except as provided for anonymous

contributions or contributions received from special events

as provided in Section 1-19-34 NMSA 1978; 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 full

name unless that is the complete legal name;

(2) the occupation or type of business of

any person or entity making contributions of two hundred

fifty dollars ($250) or more in the aggregate per election;

(3) the amount of the expenditure or

contribution or value thereof;

(4) the purpose of the expenditure; and

(5) the date the expenditure was made or the

contribution was received.

B. Each report shall contain an opening and

closing cash balance for the bank account maintained by the

reporting individual during the reporting period and the name

of the financial institution.

C. Each report shall specify the amount of each

unpaid debt and the identity of the person to whom the debt is

owed."