HOUSE BILL 297

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

James E. Smith and Jacob R. Candelaria

 

 

 

 

 

AN ACT

RELATING TO ELECTIONS; CHANGING REPORTING DATES IN THE SCHOOL DISTRICT CAMPAIGN REPORTING ACT.

 

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

     SECTION 1. Section 1-22A-1 NMSA 1978 (being Laws 2013, Chapter 180, Section 1) is amended to read:

     "1-22A-1. SHORT TITLE.--[This act] Chapter 1, Article 22A NMSA 1978 may be cited as the "School District Campaign Reporting Act"."

     SECTION 2. Section 1-22A-2 NMSA 1978 (being Laws 2013, Chapter 180, Section 2) is amended to read:

     "1-22A-2. DEFINITIONS.--As used in the School 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 an election covered by the School District Campaign Reporting Act and who either has filed a declaration of candidacy or has received contributions or made expenditures of five hundred dollars ($500) or more or authorized another person or campaign committee to receive contributions or make expenditures of five hundred dollars ($500) or more for the purpose of seeking election to a covered office;

          C. "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;

          D. "covered office" means the position of board of education member of a school district that has an enrollment of twelve thousand students or more or the position of board member of a community college organized or operating pursuant to the provisions of Chapter 21, Article 13 or Article 16 NMSA 1978;

          E. "election cycle" means the period beginning thirty days after an election for an office and ending [on] thirty days following the subsequent election day for that office;

          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 advocating the election or defeat of a candidate in an election;

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

          I. "reporting individual" means a candidate or treasurer of a campaign committee."

     SECTION 3. Section 1-22A-3 NMSA 1978 (being Laws 2013, Chapter 180, Section 3) is amended to read:

     "1-22A-3. REPORTS REQUIRED--TIME AND PLACE OF FILING.--

          A. A candidate or campaign committee that has received contributions or made expenditures of five hundred dollars ($500) or more 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 School 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 midnight on the [second Monday in April] twenty-first day before the election and on the thirtieth day following the election.

          C. If a reporting date set by Subsection B of this section falls on a [weekend or] holiday, the report shall be filed on the next business day.

          D. 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.

          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 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 [6 of the School District Campaign Reporting Act] 1-22A-10 NMSA 1978; and

                (3) the bank account for campaign funds maintained by the candidate or campaign committee has been closed.

          G. 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.

          H. 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."

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