SENATE BILL 312
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Dede Feldman
AN ACT
RELATING TO CONSERVANCY DISTRICTS; ENACTING THE CONSERVANCY DISTRICT CAMPAIGN REPORTING ACT; LIMITING CONTRIBUTIONS; REQUIRING TIMELY REPORTING OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Conservancy District Campaign Reporting Act"."
SECTION 2. A new section of Chapter 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Conservancy District Campaign Reporting Act:
A. "campaign committee" means one or more persons authorized by a candidate to raise, collect or expend contributions on the candidate's behalf for the purpose of electing the candidate to office;
B. "candidate" means a person who seeks or considers an office in a conservancy district election covered by the Conservancy District Campaign Reporting Act, including a conservancy district director, who either has filed a declaration of candidacy or has received contributions or made expenditures of two hundred dollars ($200) or more or authorized another person or campaign committee to receive contributions or make expenditures of two hundred dollars ($200) or more for the purpose of seeking election to the conservancy district board of directors;
C. "conservancy district" means any conservancy district that includes within its boundaries a class A county with a population greater than five hundred thousand according to the most recent federal decennial census;
D. "contribution" means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made or received for a political purpose, including payment of a debt incurred in an election campaign, but "contribution" does not include the value of services 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 campaign committee;
E. "election cycle" means the period beginning thirty days after a conservancy district election and ending on the next conservancy district election for the position being sought;
F. "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 purpose, including payment of a debt incurred in an election campaign;
G. "political purpose" means influencing or attempting to influence the outcome of an election; and
H. "prescribed form" means a form or electronic format prepared and prescribed by the secretary of state."
SECTION 3. A new section of Chapter 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] REPORTS REQUIRED--TIME AND PLACE OF FILING.--
A. A candidate or campaign committee that has received contributions of more than two hundred dollars ($200) shall file with the secretary of state a report of all contributions received and expenditures made on a prescribed form, and the report shall be filed in the same or similar electronic system as that used for the Campaign Reporting Act. Except as otherwise provided in this section, all reports pursuant to the Conservancy District Campaign Reporting Act shall be filed electronically and electronically authenticated by the candidate using an electronic signature in conformance with the Electronic Authentication of Documents Act and the Uniform Electronic Transactions Act.
B. A candidate or campaign committee shall file a campaign report of all contributions received and expenditures made during an election cycle and not previously reported by 5:00 p.m. on:
(1) the second Tuesday in April;
(2) the second Tuesday in May;
(3) the Thursday before election day; and
(4) the third Tuesday in July.
C. If a candidate or campaign committee has not received any contributions and has not made any expenditures since the last report filed with the secretary of state, the candidate or campaign committee 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.
D. A report of expenditures and contributions filed after a deadline set forth in this section shall not be deemed to have been timely filed.
E. Except for candidates and campaign committees that file a statement of no activity, each candidate or campaign committee 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 candidate or campaign committee delivers a report to the secretary of state 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.
F. A candidate who does not ultimately file a declaration of candidacy and does not file a statement of no activity shall file reports in accordance with Subsection B of this section.
G. A candidate 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 4. A new section of Chapter 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] 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, and shall include:
(1) the name and address of the person to whom an expenditure was made or from whom a contribution was received; provided that for contributors, the name of the legal entity or the first and last names of the individual shall be the full name of the legal entity or individual, and initials only shall not constitute a full name unless that is the complete legal name;
(2) the occupation or name and type of business of any person 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 that 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."
SECTION 5. A new section of Chapter 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] REPORTS AND STATEMENTS--LATE FILING PENALTY--FAILURE TO FILE.--
A. 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 Conservancy District Campaign Reporting Act, the candidate, 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 Conservancy District 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).
B. All sums collected for the penalty shall be deposited in the general fund for credit to the current school fund. A report or statement of exception shall be deemed timely filed only if it is received by the proper filing officer by the date and time prescribed by law.
C. Any candidate who fails or refuses to file a report of expenditures and contributions or statement of no activity or to pay a penalty imposed by the secretary of state as required by the Conservancy District Campaign Reporting Act shall not, in addition to any other penalties provided by law:
(1) have the candidate's name printed upon the ballot if the violation occurs before or through the final date for the withdrawal of candidates; or
(2) be issued a certificate of nomination or election, if the violation occurs after the final date for withdrawal of candidates or after the election, until the candidate satisfies all reporting requirements of the Conservancy District Campaign Reporting Act and pays all penalties owed.
D. Any candidate who loses an election and who failed or refused to file a report of expenditures and contributions or a statement of no activity or to pay a penalty imposed by the secretary of state as required by the Conservancy District Campaign Reporting Act shall not be, in addition to any other penalties provided by law, permitted to file a declaration of candidacy or nominating petition for any future election until the candidate satisfies all reporting requirements of that act and pays all penalties owed."
SECTION 6. A new section of Chapter 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] CONTRIBUTION LIMITATIONS--CANDIDATES.--
A. A person shall not make a contribution to a candidate in an amount that will cause that person's total contributions to the candidate to exceed two thousand three hundred dollars ($2,300) during an election cycle.
B. All contributions made by a person to a candidate, either directly or indirectly, including 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.
C. A person shall not knowingly accept or solicit a contribution, directly or indirectly, including a contribution earmarked or otherwise directed or coordinated through another person, that violates the contribution limits provided for in this section.
D. 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.
E. 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."
SECTION 7. A new section of Chapter 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] CIVIL PENALTIES.--
A. If the secretary of state reasonably believes that a person committed, or is about to commit, a violation of the Conservancy District Campaign Reporting Act, the secretary of state shall refer the matter to the attorney general or a district attorney for enforcement.
B. The attorney general or district attorney may institute a civil action in district court for any violation of the Conservancy District Campaign Reporting Act or to prevent a violation of that act that involves an unlawful solicitation or the making or acceptance of an unlawful contribution. 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) for each violation not to exceed five thousand dollars ($5,000), and forfeiture of any contribution received as a result of an unlawful solicitation or unlawful contribution. Each unlawful solicitation and each unlawful contribution made or accepted shall be deemed a separate violation of the Conservancy District Campaign Reporting Act.
C. The attorney general or district attorney may institute a civil action in district court if a violation has occurred or to prevent a violation of any provision of the Conservancy District Campaign Reporting Act other than that specified in Subsection B of this section. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of fifty dollars ($50.00) for each violation not to exceed five thousand dollars ($5,000)."
SECTION 8. A new section of Chapter 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] PENALTIES--CRIMINAL ENFORCEMENT.--
A. Any person who knowingly and willfully violates any provision of the Conservancy District Campaign Reporting Act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.
B. The Conservancy District Campaign Reporting Act may be enforced by the attorney general or the district attorney in the county where the candidate resides."
SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is August 1, 2011.
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