0001| HOUSE BILL 711 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MIMI STEWART | 0005| | 0006| | 0007| | 0008| FOR THE ELECTION CODE RECODIFICATION COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO CAMPAIGN PRACTICES; PROHIBITING DEFAMATION OF | 0012| CANDIDATES DURING A POLITICAL CAMPAIGN; CREATING A CRIMINAL | 0013| OFFENSE; PRESCRIBING A PENALTY; REPEALING AND ENACTING SECTIONS | 0014| OF THE ELECTION CODE. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. A new section of the Election Code is enacted | 0018| to read: | 0019| "[NEW MATERIAL] DEFAMATION OF A CANDIDATE DURING A | 0020| POLITICAL CAMPAIGN--PENALTY.-- | 0021| A. Defamation of a candidate during a political | 0022| campaign consists of a false statement made either knowingly or | 0023| with reckless disregard for the truth of that statement by any | 0024| person about a candidate during a political campaign, whether | 0025| the false statement is written or spoken. | 0001| B. Any person who commits defamation of a candidate | 0002| during a political campaign is guilty of a fourth degree felony | 0003| and shall be sentenced to up to eighteen months imprisonment | 0004| or, in the court's discretion, to a fine of no more than five | 0005| thousand dollars ($5,000), or both." | 0006| Section 2. REPEAL.--Sections 1-19-16 and 1-19-17 NMSA | 0007| 1978 (being Laws 1973, Chapter 401, Sections 1 and 2) are | 0008| repealed. | 0009|  State of New Mexico | 0010| House of Representatives | 0011| | 0012| FORTY-THIRD LEGISLATURE | 0013| FIRST SESSION, 1997 | 0014| | 0015| | 0016| February 20, 1997 | 0017| | 0018| | 0019| Mr. Speaker: | 0020| | 0021| Your VOTERS AND ELECTIONS COMMITTEE, to whom has | 0022| been referred | 0023| | 0024| HOUSE BILL 711 | 0025| | 0001| has had it under consideration and reports same with | 0002| recommendation that it DO PASS, amended as follows: | 0003| | 0004| 1. On page 1, line 13, strike "REPEALING AND ENACTING | 0005| SECTIONS" and insert "ENACTING A SECTION". | 0006| | 0007| 2. On page 1, line 22, after "statement" insert "of fact". | 0008| | 0009| 3. On page 1, line 22, strike "knowingly" and insert "with | 0010| knowledge of its falsity". | 0011| | 0012| 4. On page 2, line 5, strike the quotation mark. | 0013| | 0014| 5. On page 2, line 6, strike Section 2 in its entirety and | 0015| insert: | 0016| | 0017| "C. The remedies granted by this section are in | 0018| addition to other available civil or criminal remedies.""., | 0019| | 0020| | 0021| | 0022| | 0023| and thence referred to the JUDICIARY COMMITTEE. | 0024| | 0025| Respectfully submitted, | 0001| | 0002| | 0003| | 0004| | 0005| | 0006| Edward C. Sandoval, Chairman | 0007| | 0008| | 0009| Adopted Not Adopted | 0010| | 0011| (Chief Clerk) (Chief Clerk) | 0012| | 0013| Date | 0014| | 0015| The roll call vote was 9 For 2 Against | 0016| Yes: 9 | 0017| No: Bird, Lutz | 0018| Excused: Nicely | 0019| Absent: None | 0020| | 0021| | 0022| .117443.1 | 0023| G:\BILLTEXT\BILLW_97\H0711 State of New Mexico | 0024| House of Representatives | 0025| | 0001| FORTY-THIRD LEGISLATURE | 0002| FIRST SESSION, 1997 | 0003| | 0004| | 0005| March 15, 1997 | 0006| | 0007| | 0008| Mr. Speaker: | 0009| | 0010| Your JUDICIARY COMMITTEE, to whom has been referred | 0011| | 0012| HOUSE BILL 711, as amended | 0013| | 0014| has had it under consideration and reports same with | 0015| recommendation that it DO NOT PASS, but that | 0016| | 0017| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE | 0018| BILL 711 | 0019| | 0020| DO PASS. | 0021| | 0022| Respectfully submitted, | 0023| | 0024| | 0025| | 0001| | 0002| | 0003| Thomas P. Foy, Chairman | 0004| | 0005| | 0006| Adopted Not Adopted | 0007| | 0008| (Chief Clerk) (Chief Clerk) | 0009| | 0010| Date | 0011| | 0012| The roll call vote was 8 For 1 Against | 0013| Yes: 8 | 0014| No: Alwin | 0015| Excused: King, Luna, Rios, Sanchez | 0016| Absent: None | 0017| | 0018| G:\BILLTEXT\BILLW_97\H0711 HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0019| HOUSE BILL 711 | 0020| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0021| INTRODUCED BY | 0022| | 0023| | 0024| | 0025| | 0001| | 0002| | 0003| AN ACT | 0004| RELATING TO CAMPAIGN PRACTICES; AUTHORIZING THE INTERIM | 0005| LEGISLATIVE ETHICS COMMITTEE TO INVESTIGATE COMPLAINTS OF FALSE | 0006| STATEMENTS MADE BY CANDIDATES ABOUT THEIR OPPONENTS DURING | 0007| CAMPAIGN FOR LEGISLATIVE OFFICE. | 0008| | 0009| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0010| Section 1. Section 2-15-8 NMSA 1978 (being Laws 1993, | 0011| Chapter 46, Section 53) is amended to read: | 0012| "2-15-8. INTERIM LEGISLATIVE ETHICS COMMITTEE--DUTIES.-- | 0013| The interim legislative ethics committee is authorized to: | 0014| A. issue advisory opinions on the interpretation | 0015| and enforcement of ethical principles as applied to the | 0016| legislature; | 0017| B. investigate complaints from another member of | 0018| the legislature or a member of the public alleging misconduct | 0019| of a legislator; | 0020| C. investigate complaints from a member of the | 0021| legislature or a member of the public alleging that a duly | 0022| qualified candidate for a state legislative office knowingly | 0023| made a false statement, whether verbally, in print, in a radio | 0024| or television broadcast or by any other means, about a duly | 0025| qualified opponent during a campaign for any legislative | 0001| office; | 0002| [C.] D. investigate referrals made to the co- | 0003| chairmen of the New Mexico legislative council from the | 0004| attorney general, the secretary of state or a district | 0005| attorney; | 0006| [D.] E. hire special counsel or independent | 0007| hearing officers as necessary; and | 0008| [E.] F. make recommendations to the respective | 0009| houses by the end of the first full week of the next convened | 0010| regular session regarding proposed sanctions for ethical | 0011| misconduct of legislators and candidates for the | 0012| legislature." | 0013| Section 2. Section 2-15-9 NMSA 1978 (being Laws 1993, | 0014| Chapter 46, Section 54) is amended to read: | 0015| "2-15-9. INTERIM LEGISLATIVE ETHICS COMMITTEE-- | 0016| PROCEDURES--CONFIDENTIALITY.-- | 0017| A. Except as provided in this section, the | 0018| New Mexico legislative council shall develop procedures to | 0019| carry out the provisions of this section, in accordance with | 0020| the existing procedures in the house and senate rules. | 0021| B. A member of the interim legislative ethics | 0022| committee [shall be] is ineligible to participate in any | 0023| matter relating directly to that member's conduct or to a | 0024| campaign for a legislative office in which that member is | 0025| participating. In any such case, a substitute member to the | 0001| committee shall be appointed from the same house from the same | 0002| political party by the appropriate appointing authority. A member | 0003| may seek to be disqualified from any matter brought before the | 0004| interim legislative ethics committee on the grounds that the | 0005| member cannot render a fair and impartial decision. | 0006| Disqualification must be approved by a majority vote of the | 0007| remaining members of the committee. In any such case, a | 0008| substitute member to the committee shall be appointed from the | 0009| same political party as provided in this section. | 0010| C. The interim legislative ethics committee is | 0011| authorized to issue advisory opinions on matters relating to | 0012| ethical conduct during the interim. Any question relating to the | 0013| interpretation and enforcement of ethical principles as applied to | 0014| the legislature may be submitted in writing to the New Mexico | 0015| legislative council by a legislator describing a real or | 0016| hypothetical situation and requesting an advisory opinion | 0017| establishing an appropriate standard of ethical conduct for that | 0018| situation. The question shall be referred to the [joint] | 0019| interim legislative ethics committee. | 0020| D. The interim legislative ethics committee is | 0021| authorized to investigate complaints from members of the | 0022| legislature or members of the public alleging that a legislator or | 0023| a duly qualified candidate for a state legislative office has made | 0024| one or more false statements about a duly qualified campaign | 0025| opponent. | 0001| [D.] E. To initiate any action during the interim | 0002| on alleged misconduct, any legislator or member of the public may | 0003| file a written, sworn complaint setting forth, with specificity, | 0004| the facts alleged to constitute unethical conduct. A complaint | 0005| shall be filed with the New Mexico legislative council. Upon | 0006| receipt of the complaint, the co-chairmen of the New Mexico | 0007| legislative council shall convene the interim legislative ethics | 0008| committee. | 0009| [E.] F. The interim legislative ethics committee | 0010| shall maintain rules of confidentiality unless the legislator | 0011| against whom a complaint is filed waives the rules or any part of | 0012| them in writing. The confidentiality rules shall include the | 0013| following provisions: | 0014| (1) the complainant, the committee and its staff | 0015| shall not publicly disclose any information relating to the filing | 0016| or investigation of a complaint, including the identity of the | 0017| complainant or respondent, until after a finding of probable cause | 0018| has been made that a violation has occurred; | 0019| (2) the identity of the complainant shall be | 0020| released to the respondent immediately upon request; and | 0021| (3) no member of the committee or its staff may | 0022| knowingly disclose any confidential information except as | 0023| authorized by the committee. | 0024| G. If the interim legislative ethics committee finds | 0025| that a legislator or duly qualified candidate has made a false | 0001| statement about a duly qualified campaign opponent, the committee | 0002| shall issue a written report of its finding and shall forward a | 0003| copy of the written report to the complainant. A separate copy of | 0004| the written report shall be made available for public inspection | 0005| in the office of the legislative council service." | 0006|  |