0001| HOUSE BILL 34 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MIMI STEWART | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO ELECTIONS; ENACTING THE SCHOOL BOARD CAMPAIGN | 0012| REPORTING ACT; PROVIDING CAMPAIGN REPORTING REQUIREMENTS FOR | 0013| SCHOOL BOARD ELECTIONS; PROVIDING PENALTIES. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. SHORT TITLE.--This act may be cited as the | 0017| "School Board Campaign Reporting Act". | 0018| Section 2. DEFINITIONS.--As used in the School Board | 0019| Campaign Reporting Act: | 0020| A. "anonymous contribution" means a contribution, | 0021| the contributor of which is unknown to the candidate or his | 0022| agent who accepts the contribution; | 0023| B. "board" or "school board" means the governing | 0024| authority of the local school district; | 0025| C. "candidate" means an individual who has filed a | 0001| declaration of candidacy for election to a school board; | 0002| D. "contribution" means a gift, subscription, loan, | 0003| advance or deposit of any money or other thing of value, | 0004| including the estimated value of an in-kind contribution, that | 0005| is made or received for a school board election, including | 0006| payment of a debt incurred in an election campaign, but does | 0007| not include the value of services provided without compensation | 0008| or unreimbursed travel or other personal expenses of | 0009| individuals who volunteer a portion or all of their time on | 0010| behalf of a candidate; | 0011| E. "county clerk" means the clerk of each county in | 0012| which the school district is located; | 0013| F. "election" or "school board election" means any | 0014| regular or special school district election for a school board | 0015| member; | 0016| G. "expenditure" means a payment, transfer or | 0017| distribution or obligation or promise to pay, transfer or | 0018| distribute any money or other thing of value for a school board | 0019| election, including payment of a debt incurred in an election | 0020| campaign; and | 0021| H. "proper filing officer" means the county clerk | 0022| or, in the case of a multicounty school district, the clerk of | 0023| the county in which the administrative office of the school | 0024| district is located. | 0025| Section 3. SCHOOL BOARD CANDIDATE CAMPAIGN REPORTING | 0001| REQUIREMENTS.-- | 0002| A. Each candidate for election to a school board | 0003| who receives contributions or makes expenditures of more than | 0004| one thousand dollars ($1,000) in an election campaign shall | 0005| file with the proper filing officer reports of expenditures and | 0006| contributions as required by the School Board Campaign | 0007| Reporting Act. | 0008| B. The proper filing officer shall provide | 0009| necessary contribution and expenditure reporting forms to a | 0010| candidate at the time a declaration of candidacy is filed. The | 0011| secretary of state shall assist the proper filing officer in | 0012| preparing contribution and expenditure reporting forms. | 0013| C. Contribution and expenditure reports shall be | 0014| filed with the proper filing officer: | 0015| (1) twenty-five days prior to the election; | 0016| (2) seven days prior to the election; | 0017| (3) thirty days after the election, which | 0018| shall be the final report unless the campaign account remains | 0019| open or all contributions are not reported as having been | 0020| expended in accordance with the provisions of Section 5 of the | 0021| School Board Campaign Reporting Act; and | 0022| (4) annually in non-election years on February | 0023| 1, until the account is reported as closed or all expenditures | 0024| are reported as having been expended in accordance with | 0025| Section 5 of the School Board Campaign Reporting Act. | 0001| D. The report due twenty-five days prior to the | 0002| election shall include all contributions received and | 0003| expenditures made before or on the thirtieth day prior to the | 0004| election and not previously reported. The report due seven | 0005| days prior to the election shall include all contributions | 0006| received and expenditures made before or on the tenth day prior | 0007| to the election and not previously reported. The report due | 0008| thirty days after the election shall include all contributions | 0009| received and expenditures made before or on the twenty-fifth | 0010| day after the election and not previously reported. The annual | 0011| report in non-election years due on February 1 shall include | 0012| all contributions received and expenditures made that have not | 0013| been previously reported. | 0014| E. If at any time a candidate receives | 0015| contributions or makes expenditures in excess of one thousand | 0016| dollars ($1,000), the candidate shall file the next scheduled | 0017| report and each succeeding report. | 0018| F. A report shall not be deemed timely filed unless | 0019| it is received by the proper filing officer on or before the | 0020| day required. | 0021| Section 4. CONTENTS OF CAMPAIGN REPORT OF CONTRIBUTIONS | 0022| AND EXPENDITURES--ANONYMOUS CONTRIBUTION.-- | 0023| A. Each required report of expenditures and | 0024| contributions shall be typed or printed legibly, or on a | 0025| computer disc or format approved by the proper filing officer, | 0001| and shall include: | 0002| (1) the name and address of the person or | 0003| entity to whom an expenditure was made or from whom a | 0004| contribution was received, except for an anonymous | 0005| contribution; provided that for contributors, the name of the | 0006| entity or the first and last names of any individual shall be | 0007| the full name of the entity or individual, and initials only | 0008| shall not constitute a full name of an entity unless that is | 0009| its complete legal name; | 0010| (2) the occupation or type of business of any | 0011| person or entity making contributions of two hundred fifty | 0012| dollars ($250) or more in the aggregate per election; | 0013| (3) the amount of the expenditure or | 0014| contribution or value thereof; | 0015| (4) the purpose of the expenditure; and | 0016| (5) the date of the expenditure or | 0017| contribution. | 0018| B. No anonymous contribution may be accepted in | 0019| excess of fifty dollars ($50.00). The aggregate amount of | 0020| anonymous contributions received for an election shall not | 0021| exceed two hundred fifty dollars ($250). | 0022| C. The report of expenditures and contributions | 0023| shall be subscribed and sworn to by the candidate. If the | 0024| report of expenditures and contributions is filed in an | 0025| electronically readable format, the report shall be subscribed | 0001| and sworn to by the candidate in an independent affidavit | 0002| signed by the candidate and filed with the proper filing | 0003| officer. | 0004| D. Each report shall contain an opening and closing | 0005| cash balance for the campaign account. | 0006| E. Each report shall specify the amount of each | 0007| unpaid debt and the identity of the person to whom the debt is | 0008| owed, except that the debts to suppliers of goods and services | 0009| that are not more than thirty days past due need not be | 0010| reported. | 0011| Section 5. CAMPAIGN FUNDS--LIMITATION ON USE.--It is | 0012| unlawful for any candidate, elected official or the agent of | 0013| either to make an expenditure of contributions received, except | 0014| for the following purposes: | 0015| A. expenditures of the campaign; | 0016| B. donations to the state or a county general fund; | 0017| or | 0018| C. donations to an organization to which a federal | 0019| income tax deduction would be permitted under Subparagraph (A) | 0020| of Paragraph (1) of Subsection (b) of Section 170 of the | 0021| Internal Revenue Code of 1986. | 0022| Section 6. REGULATIONS.--The board is authorized to adopt | 0023| regulations to implement the provisions of the School Board | 0024| Campaign Reporting Act. | 0025| Section 7. ENFORCEMENT--PENALTIES.-- | 0001| A. Any citizen who believes a provision of the | 0002| School Board Campaign Reporting Act has been violated may file | 0003| a complaint with the proper filing officer. If the proper | 0004| filing officer believes a provision of the School Board | 0005| Campaign Reporting Act has been violated, the proper filing | 0006| officer shall refer the matter to the district attorney. The | 0007| School Board Campaign Reporting Act may be enforced by the | 0008| district attorney in the county where the candidate resides. | 0009| B. If a campaign contribution or expenditure report | 0010| is filed late or is incomplete or false, the candidate | 0011| responsible for it shall, in addition to any other penalties or | 0012| remedies, be liable for and shall pay to the proper filing | 0013| officer twenty-five dollars ($25.00) per day for each regular | 0014| working day that the required full and complete report is late, | 0015| up to a maximum of one thousand dollars ($1,000). | 0016| C. If a candidate who violates the provisions of | 0017| the School Board Campaign Reporting Act is elected to the | 0018| school board, that person shall not, in addition to any other | 0019| penalties provided by law, serve on the school board or | 0020| participate in school board meetings until the complete reports | 0021| required by the School Board Campaign Reporting Act have been | 0022| filed. | 0023| D. Any person who knowingly and willfully violates | 0024| a provision of the School Board Campaign Reporting Act is | 0025| guilty of a misdemeanor and shall be punished by a fine of not | 0001| more than one thousand dollars ($1,000) or by imprisonment for | 0002| not more than one year or both. | 0003| - - State of New Mexico | 0004| House of Representatives | 0005| | 0006| FORTY-THIRD LEGISLATURE | 0007| FIRST SESSION, 1997 | 0008| | 0009| | 0010| February 6, 1997 | 0011| | 0012| | 0013| Mr. Speaker: | 0014| | 0015| Your VOTERS AND ELECTIONS COMMITTEE, to whom has | 0016| been referred | 0017| | 0018| HOUSE BILL 34 | 0019| | 0020| has had it under consideration and reports same with | 0021| recommendation that it DO PASS, amended as follows: | 0022| | 0023| 1. On page 1, line 24, strike the semicolon and insert in | 0024| lieu thereof ", the governing board of a technical and vocational | 0025| institute district, the governing board of an area vocational | 0001| school or the community college board of a community college or | 0002| branch community college;". | 0003| | 0004| 2. On page 3, line 11, after "shall" strike the remainder | 0005| of the line and insert in lieu thereof "initially approve". | 0006| | 0007| 3. On page 3, line 12, strike the period and insert in lieu | 0008| thereof "to be used.". | 0009| | 0010| 4. On page 4, line 19, after "officer" strike the remainder | 0011| of the line, strike line 20 and insert in lieu thereof "by 5:00 | 0012| p.m. on the day the report is required to be filed.". | 0013| | 0014| 5. On page 4, between lines 20 and 21, insert a new section | 0015| to read: | 0016| | 0017| "Section 4. EXCLUSION OF CERTAIN CANDIDATES FROM | 0018| REPORTING--STATEMENT OF EXCEPTION.-- | 0019| | 0020| A. A person who seeks a public office covered by the | 0021| School Board Campaign Reporting Act and who anticipates receiving | 0022| or expending less than one thousand dollars ($1,000) may file, in | 0023| lieu of filing a report of expenditures and contributions, a | 0024| statement of exception to that effect before the election on a | 0025| prescribed form and under penalty of perjury. The statement of | 0001| exception shall be filed at the time of filing a declaration of | 0002| candidacy. The statement shall be filed with the proper filing | 0003| officer. | 0004| | 0005| B. Upon filing of the statement of exception, the | 0006| candidate shall not be required to file a report of expenditures | 0007| and contributions except as provided in Subsection C of this | 0008| section. | 0009| | 0010| C. If at any time after filing a statement of | 0011| exception a candidate receives or expends in an election more | 0012| than the one thousand dollar ($1,000) threshold amount provided | 0013| in Subsection A of this section, the candidate shall file reports | 0014| of expenditures and contributions according to the reporting | 0015| schedule provided in Section 3 of the School Board Campaign | 0016| Reporting Act.". | 0017| | 0018| 6. Renumber succeeding sections accordingly. | 0019| | 0020| 7. On page 6, line 25, after "a" insert "sworn". | 0021| | 0022| 8. On page 7, line 2, after "officer" insert "reasonably". | 0023| | 0024| 9. On page 7, line 18, strike "complete reports required by | 0025| the" and insert in lieu thereof "candidate satisfies all | 0001| reporting requirements of the". | 0002| | 0003| 10. On page 7, line 19, strike "have been filed" and insert | 0004| in lieu thereof "and pays all penalties owed"., | 0005| | 0006| | 0007| and thence referred to the JUDICIARY COMMITTEE. | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| Edward C. Sandoval, Chairman | 0016| | 0017| | 0018| Adopted Not Adopted | 0019| | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| Date | 0023| | 0024| The roll call vote was 7 For 0 Against | 0025| Yes: 7 | 0001| Excused: Garcia, Lujan, Nicely, Sanchez, J.P. Taylor | 0002| Absent: None | 0003| | 0004| | 0005| .115876.2 | 0006| G:\BILLTEXT\BILLW_97\H0034 State of New Mexico | 0007| House of Representatives | 0008| | 0009| FORTY-THIRD LEGISLATURE | 0010| FIRST SESSION, 1997 | 0011| | 0012| | 0013| February 21, 1997 | 0014| | 0015| | 0016| Mr. Speaker: | 0017| | 0018| Your EDUCATION COMMITTEE, to whom has been referred | 0019| | 0020| HOUSE BILL 34, as amended | 0021| | 0022| has had it under consideration and reports same with | 0023| recommendation that it DO PASS, amended as follows: | 0024| | 0025| 1. Strike Voters and Elections Committee Amendment No. 1. | 0001| | 0002| 2. On page 1, line 24, strike the semicolon and insert in | 0003| lieu thereof ", the governing board of a technical and vocational | 0004| institute district, the governing board of an area vocational | 0005| school or the community college board of a community college;"., | 0006| | 0007| and thence referred to the JUDICIARY COMMITTEE. | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| Samuel F. Vigil, Chairman | 0016| | 0017| | 0018| Adopted Not Adopted | 0019| | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| Date | 0023| | 0024| The roll call vote was 7 For 0 Against | 0025| Yes: 7 | 0001| Excused: Garnenez, Mallory, Nicely, Weeks, W.C. Williams, | 0002| Wright | 0003| Absent: None | 0004| | 0005| | 0006| | 0007| G:\BILLTEXT\BILLW_97\H0034 State of New Mexico | 0008| House of Representatives | 0009| | 0010| FORTY-THIRD LEGISLATURE | 0011| FIRST SESSION, 1997 | 0012| | 0013| | 0014| March 3, 1997 | 0015| | 0016| | 0017| Mr. Speaker: | 0018| | 0019| Your JUDICIARY COMMITTEE, to whom has been referred | 0020| | 0021| HOUSE BILL 34, as amended | 0022| | 0023| has had it under consideration and reports same with | 0024| recommendation that it DO PASS, amended as follows: | 0025| | 0001| 1. Strike House Education Committee Amendment 2. | 0002| | 0003| 2. On page 1, line 24, strike the semicolon and insert in | 0004| lieu thereof "or the elected board of any of the following: a | 0005| technical and vocational institute; an area vocational institute; | 0006| a community college; or a branch community college;". | 0007| | 0008| Respectfully submitted, | 0009| | 0010| | 0011| | 0012| | 0013| | 0014| Thomas P. Foy, Chairman | 0015| | 0016| | 0017| Adopted Not Adopted | 0018| | 0019| (Chief Clerk) (Chief Clerk) | 0020| | 0021| Date | 0022| | 0023| The roll call vote was 10 For 0 Against | 0024| Yes: 10 | 0025| Excused: Mallory, Rios, Sanchez | 0001| Absent: None | 0002| | 0003| | 0004| .117592.1 | 0005| G:\BILLTEXT\BILLW_97\H0034 | 0006| | 0007| FORTY-THIRD LEGISLATURE | 0008| FIRST SESSION, 1997 | 0009| | 0010| | 0011| March 15, 1997 | 0012| | 0013| Mr. President: | 0014| | 0015| Your RULES COMMITTEE, to whom has been referred | 0016| | 0017| HOUSE BILL 34, as amended | 0018| | 0019| has had it under consideration and reports same with | 0020| recommendation that it DO PASS, and thence referred to the | 0021| JUDICIARY COMMITTEE. | 0022| | 0023| Respectfully submitted, | 0024| | 0025| | 0001| | 0002| | 0003| __________________________________ | 0004| Gloria Howes, Chairman | 0005| | 0006| | 0007| | 0008| Adopted_______________________ Not | 0009| Adopted_______________________ | 0010| (Chief Clerk) (Chief Clerk) | 0011| | 0012| | 0013| Date ________________________ | 0014| | 0015| | 0016| The roll call vote was 6 For 0 Against | 0017| Yes: 6 | 0018| No: 0 | 0019| Excused: Aragon, Rodarte | 0020| Absent: None | 0021| | 0022| | 0023| H0034RU1 | 0024| | 0025| | 0001| | 0002| FORTY-THIRD LEGISLATURE HB 34/a | 0003| FIRST SESSION, 1997 | 0004| | 0005| March 19, 1997 | 0006| | 0007| Mr. President: | 0008| | 0009| Your JUDICIARY COMMITTEE, to whom has been referred | 0010| | 0011| HOUSE BILL 34, as amended | 0012| | 0013| has had it under consideration and reports same with | 0014| recommendation that it DO PASS, amended as follows: | 0015| | 0016| 1. On page 2, line 5, after "election" insert "or political | 0017| purpose". | 0018| | 0019| 2. On page 2, line 19, after "election" insert "or | 0020| political purpose". | 0021| | 0022| 3. On page 2, between lines 20 and 21, insert the following | 0023| new subsection: | 0024| "H. "political purpose" means influencing or attempting | 0025| to influence an election or other question submitted to the | 0001| voters." | 0002| | 0003| 4. Reletter the succeeding subsections. | 0004| | 0005| 5. On page 2, between lines 24 and 25 insert the following | 0006| new subsection: | 0007| "J. "statement of exception" or "statement" means the | 0008| prescribed form subscribed and sworn to by a candidate to | 0009| indicate that the candidate does not intend to raise or expend | 0010| the minimum amount required for the filing of a report of | 0011| expenditures and contributions." | 0012| | 0013| 6. On page 3, line 5, after "of" insert "all". | 0014| | 0015| 7. On page 3, line 6, after "contributions" insert | 0016| "received". | 0017| | 0018| | 0019| Respectfully submitted, | 0020| | 0021| | 0022| | 0023| __________________________________ | 0024| Fernando R. Macias, Chairman | 0025| | 0001| | 0002| | 0003| | 0004| | 0005| FORTY-THIRD LEGISLATURE | 0006| FIRST SESSION, 1997 | 0007| | 0008| SJC/HB 34 Page 2 | 0009| | 0010| | 0011| | 0012| | 0013| Adopted_______________________ Not | 0014| Adopted_______________________ | 0015| (Chief Clerk) (Chief Clerk) | 0016| | 0017| | 0018| Date ________________________ | 0019| | 0020| | 0021| The roll call vote was 5 For 0 Against | 0022| Yes: 5 | 0023| No: 0 | 0024| Excused: Sanchez, Tsosie, Vernon | 0025| Absent: None | 0001| | 0002| H0034JU1 | 0003| | 0004| |