HOUSE BILL 788

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Gloria C. Vaughn

AN ACT

RELATING TO ELECTIONS; PROHIBITING UNAUTHORIZED REMOVAL OR DEFACING OF ELECTION SIGNS; PROVIDING PENALTIES.

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

     Section 1. CAMPAIGN SIGNS--UNAUTHORIZED REMOVAL OR DEFACING--PENALTIES.--

          A. No person shall in any manner without authorization knowingly or intentionally deface, alter, mar, mutilate, obliterate, injure, detach, remove or in any way destroy a campaign sign unless such action takes place more that ten days following the election to which the campaign sign relates.

          B. As used in this section:

                (1) "authorization" means the written permission of:

                     (a) the owner of the property upon which the campaign sign is situated;

                     (b) the candidate on whose behalf the campaign sign has been situated; or

                     (c) the sponsor or person responsible for the situating of the campaign sign;

                (2) "ballot measure" means a contested

election other than the election of an individual for federal,

state, regional or local political office, and "ballot measure"

includes constitutional amendments and referenda; and

                (3) "campaign sign" means any poster, sign, bumper sticker or other visual device advocating for or against an election candidate or ballot measure.

          C. A person who violates the provisions of Subsection A of this section is, upon conviction for a first offense, guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. A person who violates the provisions of Subsection A of this section is, upon conviction for a second or subsequent offense, guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

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