0001| SENATE BILL 112 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| RICHARD M. ROMERO | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO ELECTIONS; ENACTING THE CAMPAIGN FINANCE REFORM | 0012| ACT; PROVIDING CAMPAIGN CONTRIBUTION LIMITS; PRESCRIBING CIVIL | 0013| PENALTIES; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY. | 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| "Campaign Finance Reform Act". | 0018| Section 2. PURPOSE OF ACT.--The purpose of the Campaign | 0019| Finance Reform Act is to help restore public trust in elections | 0020| and government, attract new political candidates and reduce the | 0021| influence of lobbyists and special interests. | 0022| Section 3. DEFINITIONS.--As used in the Campaign Finance | 0023| Reform Act: | 0024| A. "campaign committee" means two or more persons | 0025| authorized by a candidate to raise, collect or expend | 0001| contributions on the candidate's behalf for the purpose of | 0002| electing the candidate to office; | 0003| B. "candidate" means an individual who seeks or | 0004| considers an office, other than a federal office, in an | 0005| election covered by the Campaign Finance Reform Act, including | 0006| a public official, who either has filed a declaration of | 0007| candidacy or nominating petition or: | 0008| (1) for a nonstatewide office, has received | 0009| contributions or made expenditures of one thousand dollars | 0010| ($1,000) or more or authorized another person or campaign | 0011| committee to receive contributions or make expenditures of one | 0012| thousand dollars ($1,000) or more for the purpose of seeking | 0013| election to the office; or | 0014| (2) for a statewide office, has received | 0015| contributions or made expenditures of two thousand five hundred | 0016| dollars ($2,500) or more or authorized another person or | 0017| campaign committee to receive contributions or make | 0018| expenditures of two thousand five hundred dollars ($2,500) or | 0019| more for the purpose of seeking election to the office or for | 0020| candidacy exploration purposes in the years prior to the year | 0021| of the election; | 0022| C. "contribution" means a gift, subscription, loan, | 0023| advance or deposit of money or other thing of value, including | 0024| the estimated value of an in-kind contribution, that is made or | 0025| received for a political purpose, including payment of a debt | 0001| incurred in an election campaign, but does not include the | 0002| value of services provided without compensation or unreimbursed | 0003| travel or other personal expenses of individuals who volunteer | 0004| a portion or all of their time on behalf of a candidate or | 0005| political committee, nor does it include the administrative or | 0006| solicitation expenses of a political committee that are paid by | 0007| an organization that sponsors the committee; | 0008| D. "election" means any primary, general or statewide | 0009| special election in New Mexico and includes judicial retention | 0010| elections but excludes county, municipal, school board and | 0011| special district elections; | 0012| E. "person" means an individual or entity; | 0013| F. "political committee" means two or more persons, | 0014| other than members of a candidate's immediate family or | 0015| campaign committee or a husband and wife who make a | 0016| contribution out of a joint account, who are selected, | 0017| appointed, chosen, associated, organized or operated primarily | 0018| for a political purpose and includes political action | 0019| committees or similar organizations composed of employees or | 0020| members of any corporation, labor organization, trade or | 0021| professional association or any other similar group that | 0022| raises, collects, expends or contributes money or any other | 0023| thing of value for a political purpose; provided that a | 0024| "political committee" includes a single individual who by his | 0025| actions represents that he is a political committee; and | 0001| G. "political purpose" means influencing or | 0002| attempting to influence an election or pre-primary convention, | 0003| including a constitutional amendment or other question | 0004| submitted to the voters. | 0005| Section 4. CAMPAIGN CONTRIBUTION LIMITS--RESTRICTIONS AND | 0006| REQUIREMENTS.-- | 0007| A. No person or political committee shall make | 0008| contributions that, in the aggregate, exceed: | 0009| (1) two hundred fifty dollars ($250) to a | 0010| candidate or his campaign committee with respect to an election | 0011| for a state legislative or nonstatewide judicial office; | 0012| (2) five hundred dollars ($500) to a candidate | 0013| or his campaign committee with respect to an election for a | 0014| statewide office; and | 0015| (3) five hundred dollars ($500) to a political | 0016| committee in any calendar year. | 0017| B. A candidate may make contributions of any amount | 0018| of his personal funds to his campaign committee. However, with | 0019| respect to an election for a nonfederal office covered by the | 0020| Campaign Finance Reform Act, if a candidate for: | 0021| (1) a state legislative or nonstatewide judicial | 0022| office makes contributions that, in the aggregate, exceed two | 0023| thousand five hundred dollars ($2,500) of his personal funds to | 0024| his campaign committee, except as provided in Subsection E of | 0025| this section, then the restrictions on contributions in excess | 0001| of the limit in Paragraph (1) of Subsection A of this section | 0002| do not apply to the candidate's opponents and the opponents' | 0003| campaign committees, but remain in effect for the candidate and | 0004| his campaign committee; or | 0005| (2) a statewide office makes contributions that, | 0006| in the aggregate exceed five thousand dollars ($5,000) of his | 0007| personal funds to his campaign committee, except as provided in | 0008| Subsection E of this section, then the restrictions on | 0009| contributions in excess of the limit in Paragraph (2) of | 0010| Subsection A of this section do not apply to the candidate's | 0011| opponents and the opponents' campaign committees, but remain in | 0012| effect for the candidate and his campaign committee. | 0013| C. Each candidate shall file a declaration of | 0014| voluntary compliance with the provisions of this section with | 0015| the proper filing officer at the time the candidate files his | 0016| declaration of candidacy or nominating petition. For the | 0017| primary election, the declaration of voluntary compliance shall | 0018| be filed no later than the deadline for filing for a primary | 0019| election. For the general election, the declaration of | 0020| voluntary compliance shall be filed no later than thirty days | 0021| after the primary election. Nominees appointed to fill a | 0022| vacancy shall file a declaration of voluntary compliance within | 0023| one week of their nomination. The declarations shall state | 0024| whether the candidate agrees to be bound by the voluntary limit | 0025| on his personal funds, as set forth in Subsection B of this | 0001| section. Once filed, the declaration of voluntary compliance | 0002| shall not be withdrawn, rescinded or changed. | 0003| D. If a candidate agrees to be bound by the voluntary | 0004| contribution limit for an election, he shall not exceed the | 0005| voluntary contribution limit for that election. If a candidate | 0006| in a primary election agrees to be bound by the voluntary | 0007| contribution limit for an election and exceeds that limit, then | 0008| his name will not be printed upon the general election ballot | 0009| unless he pays a fine of three times the amount by which he | 0010| exceeded the limit within thirty days after the primary | 0011| election. If a candidate in a general election agrees to be | 0012| bound by the voluntary contribution limit for an election and | 0013| exceeds the limit, then he shall not receive his certificate of | 0014| election unless he pays a fine of three times the amount by | 0015| which he exceeded the limit within thirty days after the | 0016| general election. A candidate who fails or refuses to file a | 0017| declaration of voluntary compliance shall not have his name | 0018| printed upon the ballot. | 0019| E. No candidate shall personally make outstanding | 0020| loans to his campaign or campaign committee that total at any | 0021| one time more than ten thousand dollars ($10,000). | 0022| F. For the purposes of this section: | 0023| (1) a contribution made to a candidate or his | 0024| campaign committee following the last election year for the | 0025| office that the candidate is seeking and prior to December 31 | 0001| of the year of the election in which the candidate is | 0002| participating shall be considered to be made for the election | 0003| in which the candidate is participating. This provision shall | 0004| only apply to contributions made after November 1, 1996; and | 0005| (2) all contributions made by political | 0006| committees established, maintained or controlled by the same | 0007| person shall be considered to be made by a single person and | 0008| such contributions shall be aggregated. | 0009| Section 5. ADOPTION OF RULES AND REGULATIONS.--The | 0010| secretary of state may adopt and promulgate rules and | 0011| regulations to implement the provisions of the Campaign Finance | 0012| Reform Act in accordance with the State Rules Act. | 0013| Section 6. CIVIL PENALTY.--The attorney general or | 0014| district attorney may institute a civil action in district | 0015| court for a violation of a provision of the Campaign Finance | 0016| Reform Act. An action for relief may include a permanent or | 0017| temporary injunction, a restraining order or any other | 0018| appropriate order, including a civil penalty not to exceed | 0019| three times the amount of any contribution in violation of the | 0020| provisions of the Campaign Finance Reform Act and the | 0021| forfeiture of that illegal contribution. | 0022| Section 7. APPLICABILITY.--The provisions of the Campaign | 0023| Finance Reform Act do not apply to a candidate subject to the | 0024| provisions of federal law pertaining to campaign practices and | 0025| campaign finance. | 0001| Section 8. SEVERABILITY.--If any part or application of | 0002| the Campaign Finance Reform Act is held invalid, the remainder | 0003| or its application to other situations or persons shall not be | 0004| affected. | 0005| Section 9. APPROPRIATION.--Forty-nine thousand five | 0006| hundred dollars ($49,500) is appropriated from the general fund | 0007| to the secretary of state's office for expenditure in fiscal | 0008| year 1998 for the purpose of funding one full-time equivalent | 0009| employee to implement the provisions of the Campaign Finance | 0010| Reform Act. Any unexpended or unencumbered balance remaining | 0011| at the end of fiscal year 1998 shall revert to the general | 0012| fund. | 0013| Section 10. EMERGENCY.--It is necessary for the public | 0014| peace, health and safety that this act take effect immediately. | 0015|  | 0016| | 0017| FORTY-THIRD LEGISLATURE | 0018| FIRST SESSION, 1997 | 0019| | 0020| | 0021| February 6, 1997 | 0022| | 0023| Mr. President: | 0024| | 0025| Your RULES COMMITTEE, to whom has been referred | 0001| | 0002| SENATE BILL 112 | 0003| | 0004| has had it under consideration and reports same with | 0005| recommendation that it DO PASS, and thence referred to the | 0006| JUDICIARY COMMITTEE. | 0007| | 0008| Respectfully submitted, | 0009| | 0010| | 0011| | 0012| | 0013| __________________________________ | 0014| Gloria Howes , Chairman | 0015| | 0016| | 0017| | 0018| Adopted_______________________ Not | 0019| Adopted_______________________ | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| | 0023| Date ________________________ | 0024| | 0025| | 0001| The roll call vote was 8 For 0 Against | 0002| Yes: 8 | 0003| No: 0 | 0004| Excused: None | 0005| Absent: None | 0006| | 0007| | 0008| SO112RU1 | 0009| | 0010| | 0011| | 0012| FORTY-THIRD LEGISLATURE | 0013| FIRST SESSION, 1997 SB 112/a | 0014| | 0015| | 0016| February 6, 1997 | 0017| | 0018| Mr. President: | 0019| | 0020| Your RULES COMMITTEE, to whom has been referred | 0021| | 0022| SENATE BILL 112 | 0023| | 0024| has had it under consideration and reports same with | 0025| recommendation that it DO PASS, amended as follows: | 0001| | 0002| 1. On page 3, between lines 12 and 13, insert the following | 0003| new subsection to read: | 0004| | 0005| "F. "personal funds" means any funds over which the | 0006| candidate has control, including funds in a joint bank account | 0007| and any money loaned to the candidate or his campaign committee | 0008| by a financial institution or individual;". | 0009| | 0010| 2. Reletter the succeeding subsections accordingly. | 0011| | 0012| 3. On page 3, line 25, strike "and". | 0013| | 0014| 4. On page 4, line 4, strike the period and insert in lieu | 0015| thereof "; and". | 0016| | 0017| 5. On page 4, between lines 4 and 5, insert the following | 0018| new subsection: | 0019| | 0020| "I. "proper filing office" means the county clerk for a | 0021| candidate seeking election to a state legislative office wholly | 0022| within one county and the secretary of state for all other | 0023| candidates covered by the Campaign Finance Reform Act.". | 0024| | 0025| 6. On page 5, line 13, after "declaration" strike the | 0001| remainder of the line, strike line 14 through "section" and | 0002| insert in lieu thereof: | 0003| | 0004| "stating whether the candidate agrees to be bound by the | 0005| voluntary limit on his personal funds, as set forth in Subsection | 0006| B of this section.". | 0007| | 0008| 7. On page 5, line 17, strike "of voluntary compliance" and | 0009| insert in lieu thereof "concerning the voluntary limit on the | 0010| candidate's personal funds". | 0011| | 0012| 8. On page 5, line 19, after "declaration" strike the | 0013| remainder of the line, strike line 20 through "compliance" and | 0014| insert in lieu thereof "concerning the voluntary limit on the | 0015| candidate's personal funds". | 0016| | 0017| 9. On page 5, line 22, strike "a declaration of voluntary | 0018| compliance" and insert in lieu thereof "the declaration | 0019| concerning the voluntary limits on the candidate's personal | 0020| funds". | 0021| | 0022| 10. On page 5, line 23, after the period strike the | 0023| remainder of the line, strike lines 24 and 25 and on page 6, | 0024| strike line 1 and insert in lieu thereof: | 0025| | 0001| "Once filed, the declaration concerning the voluntary limits on | 0002| the candidate's personal funds". | 0003| | 0004| 11. On page 6, strike lines 17 and 18 and insert in lieu | 0005| thereof: | 0006| | 0007| "declaration concerning the voluntary limits on the candidate's | 0008| personal funds shall be presumed to have stated an intent not to | 0009| abide by the voluntary limits, as set forth in Subsection B of | 0010| this section.". | 0011| | 0012| 12. On page 7, between lines 8 and 9, insert the following | 0013| new subsection: | 0014| | 0015| "G. Any unexpended campaign contributions retained by a | 0016| candidate's campaign committee for use in a subsequent election | 0017| cycle may be expended by the candidate without limit. | 0018| Expenditure of these unexpended campaign contributions by the | 0019| candidate's campaign committee is not prohibited by the Campaign | 0020| Finance Reform Act or subject to the limits and restrictions | 0021| placed on campaign contributions by this section.". | 0022| | 0023| 13. On page 7, strike lines 9 through 12 and insert in lieu | 0024| thereof: | 0025| | 0001| "Section 5. DUTIES OF THE SECRETARY OF STATE--ENFORCEMENT-- | 0002| RULES AND REGULATIONS.-- | 0003| | 0004| A. The secretary of state shall: | 0005| | 0006| (1) administer the provisions of the Campaign | 0007| Finance Reform Act; | 0008| | 0009| (2) prepare forms for candidates to declare their | 0010| voluntary compliance with the contribution limits established by | 0011| the Campaign Finance Reform Act; | 0012| | 0013| (3) make any declarations filed with the secretary | 0014| of state's office available for public inspection and may charge | 0015| a reasonable fee for providing copies of the declarations; | 0016| | 0017| (4) impose penalties against a campaign committee, | 0018| candidate, person or political committee that violates a | 0019| provision of the Campaign Finance Reform Act; and | 0020| | 0021| (5) adopt and promulgate rules and regulations to | 0022| implement the provisions of the Campaign Finance Reform Act in | 0023| accordance with the State Rules Act. | 0024| | 0025| B. Any person who believes that a violation of the | 0001| Campaign Finance Reform Act has occurred may file a written | 0002| complaint with the secretary of state no later than ninety days | 0003| after the alleged violation. The secretary of state may also | 0004| initiate investigations if the secretary determines that a | 0005| violation has occurred."., | 0006| | 0007| and thence referred to the JUDICIARY COMMITTEE. | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| | 0013| | 0014| __________________________________ | 0015| Gloria Howes, Chairman | 0016| | 0017| | 0018| | 0019| Adopted_______________________ Not | 0020| Adopted_______________________ | 0021| (Chief Clerk) (Chief Clerk) | 0022| | 0023| | 0024| Date ________________________ | 0025| | 0001| | 0002| The roll call vote was 8 For 0 Against | 0003| Yes: 8 | 0004| No: 0 | 0005| Excused: None | 0006| Absent: None | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| S0112RU1 .115759.1 | 0013| | 0014| FORTY-THIRD LEGISLATURE | 0015| FIRST SESSION, 1997 | 0016| | 0017| | 0018| March 3, 1997 | 0019| | 0020| Mr. President: | 0021| | 0022| Your JUDICIARY COMMITTEE, to whom has been referred | 0023| | 0024| SENATE BILL 112, as amended | 0025| | 0001| has had it under consideration and reports same with | 0002| recommendation that it DO NOT PASS, but that | 0003| | 0004| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0005| SENATE BILL 112 | 0006| | 0007| DO PASS, and thence referred to the FINANCE COMMITTEE. | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| | 0013| __________________________________ | 0014| Fernando R. Macias, Chairman | 0015| | 0016| | 0017| Adopted_______________________ Not Adopted_______________________ | 0018| (Chief Clerk) (Chief Clerk) | 0019| | 0020| Date ________________________ | 0021| | 0022| | 0023| The roll call vote was 5 For 0 Against | 0024| Yes: 5 | 0025| No: 0 | 0001| Excused: Lopez, Sanchez, Vernon | 0002| Absent: None | 0003| | 0004| S0112JU1 | 0005| | 0006| FORTY-THIRD LEGISLATURE | 0007| FIRST SESSION, 1997 | 0008| | 0009| | 0010| March 11, 1997 | 0011| | 0012| Mr. President: | 0013| | 0014| Your FINANCE COMMITTEE, to whom has been referred | 0015| | 0016| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0017| SENATE BILL 112 | 0018| | 0019| has had it under consideration and reports same with recommendation | 0020| that it DO PASS. | 0021| | 0022| Respectfully submitted, | 0023| | 0024| | 0025| | 0001| __________________________________ | 0002| Ben D. Altamirano, Chairman | 0003| | 0004| | 0005| | 0006| Adopted_______________________ Not Adopted_______________________ | 0007| (Chief Clerk) (Chief Clerk) | 0008| | 0009| | 0010| | 0011| Date ________________________ | 0012| | 0013| | 0014| The roll call vote was 8 For 0 Against | 0015| Yes: 8 | 0016| No: None | 0017| Excused: Carraro, Ingle, McKibben | 0018| Absent: None | 0019| | 0020| | 0021| S0112FC1 | 0022| FORTY-THIRD LEGISLATURE | 0023| FIRST SESSION, 1997 | 0024| | 0025| | 0001| | 0002| October 23, 1997 | 0003| | 0004| | 0005| SENATE FLOOR AMENDMENT number to SENATE JUDICIARY COMMITTEE | 0006| SUBSTITUTE FOR SENATE BILL 112, as amended | 0007| | 0008| AMENDMENT sponsored by SENATOR KIDD | 0009| | 0010| 1. On page 4, line 10, after "campaign committee" insert a | 0011| comma and the words "political party". | 0012| | 0013| 2. On page 8, line 13, after "person" insert a comma and the | 0014| words "political party". | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| Senator Don Kidd | 0021| | 0022| | 0023| | 0024| Adopted Not Adopted | 0025| | 0001| (Chief Clerk) (Chief Clerk) | 0002| | 0003| | 0004| Date | 0005| | 0006| | 0007| | 0008| | 0009| S0112FS1 | 0010| FORTY-THIRD LEGISLATURE | 0011| FIRST SESSION, 1997 | 0012| | 0013| | 0014| | 0015| October 23, 1997 | 0016| | 0017| | 0018| SENATE FLOOR AMENDMENT number to SENATE JUDICIARY COMMITTEE | 0019| SUBSTITUTE FOR SENATE BILL 112, as amended | 0020| | 0021| AMENDMENT sponsored by SENATOR INGLE | 0022| | 0023| 1. On page 4, line 14, strike the word "and". | 0024| | 0025| 2. On page 4, line 16, strike the period and insert the period | 0001| and insert the word and punctuation "; and". | 0002| | 0003| 3. On page 4, line 17 add the following: | 0004| | 0005| (4) "no registered lobbyist shall make contributions | 0006| to any candidate seeking public office." | 0007| | 0008| | 0009| | 0010| | 0011| Senator Stuart Ingle | 0012| | 0013| | 0014| | 0015| Adopted Not Adopted | 0016| | 0017| (Chief Clerk) (Chief Clerk) | 0018| | 0019| | 0020| Date | 0021| | 0022| | 0023| | 0024| S0112FS2 FORTY-THIRD LEGISLATURE | 0025| FIRST SESSION, 1997 | 0001| | 0002| | 0003| | 0004| October 23, 1997 | 0005| | 0006| | 0007| SENATE FLOOR AMENDMENT number to SENATE JUDICIARY COMMITTEE | 0008| SUBSTITUTE FOR SENATE BILL 112, with emergency clause | 0009| | 0010| AMENDMENT sponsored by SENATOR PAYNE | 0011| | 0012| | 0013| 1. On page 3, line 18, insert a comma after the word | 0014| "committees" and insert the words "political party,". | 0015| | 0016| | 0017| | 0018| | 0019| Senator William H. Payne | 0020| | 0021| | 0022| | 0023| Adopted Not Adopted | 0024| | 0025| (Chief Clerk) (Chief Clerk) | 0001| | 0002| | 0003| Date | 0004| | 0005| | 0006| | 0007| | 0008| S0112FS3 |