0001| SENATE BILL 1053 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MANNY M. ARAGON | 0005| | 0006| | 0007| | 0008| | 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; AUTHORIZING THE INTERIM | 0014| LEGISLATIVE ETHICS COMMITTEE TO INVESTIGATE COMPLAINTS OF FALSE | 0015| STATEMENTS MADE BY CANDIDATES ABOUT THEIR OPPONENTS DURING | 0016| CAMPAIGN FOR LEGISLATIVE OFFICE. | 0017| | 0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0019| Section 1. A new section of the Election Code is enacted | 0020| to read: | 0021| "[NEW MATERIAL] DEFAMATION OF A CANDIDATE DURING A | 0022| POLITICAL CAMPAIGN--PENALTY.-- | 0023| A. Defamation of a candidate during a political | 0024| campaign consists of a false statement made either knowingly or | 0025| with reckless disregard for the truth of that statement by any | 0001| person about a candidate during a political campaign, whether | 0002| the false statement is written or spoken. | 0003| B. Any person who commits defamation of a candidate | 0004| during a political campaign is guilty of a fourth degree felony | 0005| and shall be sentenced up to eighteen months imprisonment or, | 0006| in the court's discretion, to a fine of no more than five | 0007| thousand dollars ($5,000), or both." | 0008| Section 2. Section 2-15-8 NMSA 1978 (being Laws 1993, | 0009| Chapter 46, Section 53) is amended to read: | 0010| "2-15-8. INTERIM LEGISLATIVE ETHICS COMMITTEE--DUTIES.-- | 0011| The interim legislative ethics committee is authorized to: | 0012| A. issue advisory opinions on the interpretation | 0013| and enforcement of ethical principles as applied to the | 0014| legislature; | 0015| B. investigate complaints from another member of | 0016| the legislature or a member of the public alleging misconduct | 0017| of a legislator; | 0018| C. investigate complaints from a member of the | 0019| legislature or a member of the public alleging that a duly | 0020| qualified candidate for a state legislative office knowingly | 0021| made a false statement, whether verbally, in print, in a radio | 0022| or television broadcast or by any other means, about a duly | 0023| qualified opponent during a campaign for any legislative | 0024| office; | 0025| ~~[C.]~~ D. investigate referrals made to the co- | 0001| chairmen of the New Mexico legislative council from the | 0002| attorney general, the secretary of state or a district | 0003| attorney; | 0004| ~~[D.]~~ E. hire special counsel or independent | 0005| hearing officers as necessary; and | 0006| ~~[E.]~~ F. make recommendations to the respective | 0007| houses by the end of the first full week of the next convened | 0008| regular session regarding proposed sanctions for ethical | 0009| misconduct of legislators and candidates for the | 0010| legislature." | 0011| Section 3. Section 2-15-9 NMSA 1978 (being Laws 1993, | 0012| Chapter 46, Section 54) is amended to read: | 0013| "2-15-9. INTERIM LEGISLATIVE ETHICS COMMITTEE-- | 0014| PROCEDURES--CONFIDENTIALITY.-- | 0015| A. Except as provided in this section, the | 0016| New Mexico legislative council shall develop procedures to | 0017| carry out the provisions of this section, in accordance with | 0018| the existing procedures in the house and senate rules. | 0019| B. A member of the interim legislative ethics | 0020| committee ~~[shall be]~~ is ineligible to participate in any | 0021| matter relating directly to that member's conduct or to a | 0022| campaign for a legislative office in which that member is | 0023| participating. In any such case, a substitute member to the | 0024| committee shall be appointed from the same house from the same | 0025| political party by the appropriate appointing authority. A | 0001| member may seek to be disqualified from any matter brought | 0002| before the interim legislative ethics committee on the | 0003| grounds that the member cannot render a fair and impartial | 0004| decision. Disqualification must be approved by a majority vote | 0005| of the remaining members of the committee. In any such case, a | 0006| substitute member to the committee shall be appointed from the | 0007| same political party as provided in this section. | 0008| C. The interim legislative ethics committee is | 0009| authorized to issue advisory opinions on matters relating to | 0010| ethical conduct during the interim. Any question relating to | 0011| the interpretation and enforcement of ethical principles as | 0012| applied to the legislature may be submitted in writing to the | 0013| New Mexico legislative council by a legislator describing a | 0014| real or hypothetical situation and requesting an advisory | 0015| opinion establishing an appropriate standard of ethical conduct | 0016| for that situation. The question shall be referred to the | 0017| ~~[joint]~~ interim legislative ethics committee. | 0018| D. The interim legislative ethics committee is | 0019| authorized to investigate complaints from members of the | 0020| legislature or members of the public alleging that a legislator | 0021| or a duly qualified candidate for a state legislative office | 0022| has made one or more false statements about a duly qualified | 0023| campaign opponent. | 0024| ~~[D.]~~ E. To initiate any action during the | 0025| interim on alleged misconduct, any legislator or member of the | 0001| public may file a written, sworn complaint setting forth, with | 0002| specificity, the facts alleged to constitute unethical conduct. | 0003| A complaint shall be filed with the New Mexico legislative | 0004| council. Upon receipt of the complaint, the co-chairmen of | 0005| the New Mexico legislative council shall convene the interim | 0006| legislative ethics committee. | 0007| ~~[E.]~~ F. The interim legislative ethics | 0008| committee shall maintain rules of confidentiality unless the | 0009| legislator against whom a complaint is filed waives the rules | 0010| or any part of them in writing. The confidentiality rules | 0011| shall include the following provisions: | 0012| (1) the complainant, the committee and its | 0013| staff shall not publicly disclose any information relating to | 0014| the filing or investigation of a complaint, including the | 0015| identity of the complainant or respondent, until after a | 0016| finding of probable cause has been made that a violation has | 0017| occurred; | 0018| (2) the identity of the complainant shall be | 0019| released to the respondent immediately upon request; and | 0020| (3) no member of the committee or its staff | 0021| may knowingly disclose any confidential information except as | 0022| authorized by the committee. | 0023| G. If the interim legislative ethics committee | 0024| finds that a legislator or duly qualified candidate has made a | 0025| false statement about a duly qualified campaign opponent, the | 0001| committee shall issue a written report of its finding and shall | 0002| forward a copy of the written report to the complainant. A | 0003| separate copy of the written report shall be made available for | 0004| public inspection in the office of the legislative council | 0005| service." |