44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
RELATING TO ELECTIONS; PROVIDING FOR VOLUNTARY PUBLIC CAMPAIGN FINANCING OF ELECTIONS FOR GOVERNOR, LIEUTENANT GOVERNOR, SECRETARY OF STATE, ATTORNEY GENERAL, STATE AUDITOR, STATE TREASURER, COMMISSIONER OF PUBLIC LANDS, STATE SENATORS, STATE REPRESENTATIVES AND COMMISSIONERS OF THE PUBLIC REGULATION COMMISSION; PRESCRIBING PENALTIES; MAKING AN APPROPRIATION; ENACTING CERTAIN SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 24 of this act may be cited as the "Public Campaign Finance Option Act".
Section 2. [NEW MATERIAL] LEGISLATIVE FINDINGS AND PURPOSES OF ACT.--
A. The legislature finds that the current system of privately financed campaigns for election to statewide and legislative offices undermines democracy in New Mexico by:
(1) violating the rights of citizens to equal and meaningful participation in the democratic process;
(2) fueling the perception of corruption and undermining public confidence in the democratic process and democratic institutions;
(3) diminishing elected officials' accountability to their constituents by compelling them to be disproportionately accountable to the major contributors who finance their election campaigns;
(4) creating a danger of actual corruption by encouraging elected officials to take money from private interests that are directly affected by governmental actions; and
(5) burdening candidates with the incessant rigors of fundraising and thus decreasing the time available to carry out their public responsibilities.
B. The purpose of the Public Campaign Finance Option Act is to ensure the vitality of democratic elections in New Mexico to the end that any citizen of this state, regardless of personal wealth or income, can realistically choose to seek and run for public office. It is also the purpose of the Public Campaign Finance Option Act to protect the first amendment rights of the United States constitution of candidates from being financially overwhelmed by the expenditures of their opponents or by independent expenditures. Accordingly, the Public Campaign Finance Option Act establishes an alternative campaign finance option available to candidates running for office.
Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the Public Campaign Finance Option Act:
A. "applicant candidate" means a candidate who is running for a covered office and who is seeking to be a certified candidate in both a primary and general election;
B. "certified candidate" means a candidate running for a covered office who chooses to participate in the Public Campaign Finance Option Act and who is certified as a Public Campaign Finance Option Act candidate;
C. "commission" means the commission on election practices;
D. "contested election" means an election in which there are more candidates for a position than the number to be elected to that position;
E. "covered office" means the office of governor, lieutenant governor, secretary of state, attorney general, state auditor, state treasurer, commissioner of public lands, public regulation commissioner, state senator and state representative;
F. "election cycle" comprises the primary and general elections for election to the same term of the same covered office;
G. "fund" means the public election fund;
H. "noncertified candidate" means a candidate running for a covered office who does not choose to participate in the Public Campaign Finance Option Act and who is not seeking to be a certified candidate;
I. "qualifying contribution" means a donation of five dollars ($5.00) in the form of a check or money order payable to the fund in support of an applicant candidate that is:
(1) made by a registered voter who is eligible to vote for the covered office that the applicant candidate is seeking;
(2) made during the designated qualifying period and obtained through efforts made with the knowledge and approval of the applicant candidate; and
(3) acknowledged by a written receipt that identifies the contributor's name, residential address, occupation and place of employment on forms provided by the commission;
J. "qualifying period" means:
(1) for applicant candidates for statewide covered offices, the period beginning October 1 immediately preceding the election year and ending at 5:00 p.m. on the second Tuesday of February of the election year; and
(2) for applicant candidates for state senator, state representative and public regulation commissioner, the period beginning October 1 immediately preceding the election year and ending at 5:00 p.m. on the third Tuesday of March of the election year;
K. "seed money" means a contribution raised for the primary purpose of enabling applicant candidates to collect qualifying contributions; and
L. "small-donor political action committee" refers to a political action committee that limits contributions to one hundred dollars ($100) per individual contributor per contribution per election cycle.
Section 4. [NEW MATERIAL] COMMISSION CREATED--QUALIFICATIONS--TERMS--VACANCIES--REMOVAL.--
A. There is created the "commission on election practices" consisting of seven members. By August 1, 1999, the president pro tempore of the senate, speaker of the house of representatives and secretary of state shall each provide a list of nominees from which the governor shall appoint the members with the advice and consent of the senate. No more than three commission members shall have been members of the same political party, nor shall an elected official or candidate for elective office be eligible for commission membership. The initial commission members shall be appointed by October 1, 1999.
B. The initial appointees shall serve four-year terms. Thereafter, two shall be appointed for one-year terms, two shall be appointed for two-year terms and three shall be appointed for three-year terms according to random lot under the supervision of the secretary of state. Thereafter, members shall be appointed to serve staggered four-year terms, but may not serve for more than eight years. Commission members shall be reimbursed pursuant to the Per Diem and Mileage Act.
C. A commission member shall immediately be removed from office for missing more than two commission meetings. When a vacancy occurs due to removal or otherwise, the president pro tempore of the senate, speaker of the house of representatives and secretary of state shall each provide a list of nominees from which the governor shall appoint a commission member to fill the position for the unexpired portion of the term. The governor, with the approval of the senate, may remove a member from the commission for good cause.
D. The commission shall elect a chairman and any other officers it deems necessary.
E. The commission is administratively attached to the office of the secretary of state.
Section 5. [NEW MATERIAL] COMMISSION DUTIES AND POWERS.--
A. No later than July 1, 2000, the commission shall adopt and publish rules to ensure effective administration of the Public Campaign Finance Option Act. Rules may be revised as determined by the commission. The rules shall include procedures for obtaining qualifying contributions; certification as a Public Campaign Finance Option Act candidate; addressing circumstances involving special elections, vacancies, recounts, withdrawals or replacements; collection of revenues for the fund; distribution of fund revenue to certified candidates; return of unspent fund disbursements; and compliance with the Public Campaign Finance Option Act.
B. The commission shall:
(1) prescribe forms for reports, statements, notices and other documents required by the Public Campaign Finance Option Act;
(2) prepare and publish instructions setting forth methods of bookkeeping and preservation of records to facilitate compliance with the Public Campaign Finance Option Act and explaining the duties of persons and committees under that act; and
(3) produce a yearly report describing the commission's activities; recommendations for changes of law, administration or funding amounts; and accounting for money in the fund.
C. The commission may:
(1) subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of any books, papers, records or other items material to the performance of the commission's duties or the exercise of its power; and
(2) assess and collect fines for violations of the provisions of the Public Campaign Finance Option Act.
Section 6. [NEW MATERIAL] PUBLIC ELECTION FUND CREATED--SOURCE OF FUNDING.--
A. There is created in the state treasury the "public election fund" to finance the election campaigns of certified candidates for covered offices, to pay the commission's administrative and enforcement costs and to carry out the provisions of the Public Campaign Finance Option Act and for no other purposes. The state treasurer shall invest the fund as other state funds are invested, and all income derived from the fund shall be credited to the fund. Remaining balances in the fund at the end of a fiscal year shall not revert to the general fund. The commission shall administer the fund.
B. Money received from the following sources shall be deposited in the fund:
(1) qualifying contributions that have been submitted to the commission;
(2) other unspent Public Campaign Finance Option Act money distributed to a certified candidate who does not remain a candidate through the primary or general election period for which the money was distributed or money that remains unspent by a certified candidate following the date of the primary election or general election for which the money was distributed;
(3) money from an optional tax checkoff that dedicates the following amounts of an individual's income tax payment to the fund pursuant to the Income Tax Act, effective beginning in tax year 1999:
(a) five dollars ($5.00) for a single individual, married individuals filing separately and heads of household; or
(b) ten dollars ($10.00) for married individuals filing jointly;
(4) voluntary donations made directly to the fund, of which up to two hundred fifty dollars ($250) for an individual or five hundred dollars ($500) for a joint return may be tax deductible;
(5) unspent seed money that cannot be used for any other purpose; and
(6) money appropriated by the legislature.
Section 7. [NEW MATERIAL] DETERMINATION OF FUND AMOUNT.-- By January 15, 2001, and every two years thereafter, the commission shall prepare and provide to the legislature a report documenting, evaluating and making recommendations relating to the administration, implementation and enforcement of the Public Campaign Finance Option Act. In its report, the commission shall set out the revenues received to date, the expected needs of the fund during the next election cycle and the amount of the annual appropriation from the legislature that will be required to meet this need.
Section 8. [NEW MATERIAL] TERMS OF PARTICIPATION--DECLARATION OF INTENT.--A person choosing to participate in the Public Campaign Finance Option Act shall first file with the commission a declaration of intent to participate in that act as an applicant candidate for a stated covered office. The declaration of intent shall be filed with the commission prior to or during the qualifying period according to forms and procedures developed by the commission. An applicant candidate choosing to participate in the Public Campaign Finance Option Act shall submit a declaration of intent prior to collecting any qualifying contributions. An applicant candidate who files a declaration of intent shall affirm that he has complied with and will continue to comply with that act's contribution and expenditure limits and will comply with all other requirements set forth in that act and rules promulgated by the commission.
Section 9. [NEW MATERIAL] SEED MONEY.-- Applicant candidates shall collect and spend seed money as follows. An applicant candidate may:
A. collect seed money from persons, including himself, his spouse, parents, brothers and sisters and small-donor political action committees, but not from corporations, associations or partnerships formed under state law or from labor organizations, in amounts of no more than one hundred dollars ($100) per donor;
B. collect and spend seed money throughout the qualifying period and during the thirty days immediately preceding the qualifying period;
C. not collect seed money after certification as a certified candidate; and
D. not spend seed money for any purpose after certification and before the general election of the election cycle for which he was certified, but after the election cycle may carry forward to the next election cycle any unspent seed money to be used as seed money. If he is defeated or is elected and decides to not run again as an applicant candidate, any unspent seed money shall be forfeited to the fund.
Section 10. [NEW MATERIAL] QUALIFYING CONTRIBUTIONS.--Applicant candidates shall obtain qualifying contributions as follows:
A. the applicant candidate shall obtain qualifying contributions from that number of registered voters that is equal to at least one percent of the total number of registered voters in the district or division within which he is running. The calculation of one percent of registered voters shall be based on the number of registered voters as of the first day of the qualifying period. Applicant candidates may accept qualifying contributions from persons who become registered within the statutory time frame that would enable that person to vote in the primary election. Voters registered as independent are not excluded from making qualifying contributions but shall be registered within the statutory time frame as independent; and
B. no payment, gift or anything of value shall be given in exchange for a qualifying contribution.
Section 11. [NEW MATERIAL] FILING WITH THE COMMISSION.--Applicant candidates shall file qualifying contributions with the commission during the qualifying period according to procedures developed by the commission.
Section 12. [NEW MATERIAL] CERTIFICATION OF CANDIDATES.--
A. Upon receipt of a final submittal of qualifying contributions by an applicant candidate, the commission shall determine whether the applicant candidate has:
(1) signed and filed a declaration of intent to participate in the Public Campaign Finance Option Act in accordance with requirements of that act;
(2) submitted the appropriate number of qualifying contributions;
(3) qualified as a candidate pursuant to other applicable state law;
(4) complied with seed money contribution and expenditure restrictions; and
(5) otherwise met the requirements for participation in the Public Campaign Finance Option Act.
B. The commission shall certify applicant candidates complying with the requirements of this section as certified candidates as soon as possible and no later than three days after final submittal of qualifying contributions.
C. Certified candidates shall comply with all requirements of the Public Campaigning Finance Option Act after certification and throughout the primary election and general election periods.
Section 13. [NEW MATERIAL] RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES FOR APPLICANT CANDIDATES.--After becoming an applicant candidate and prior to certification, applicant candidates shall not accept contributions, except for seed money or qualifying contributions. An incumbent elected prior to 2002 who was not an applicant candidate when elected but who declares his intent to become an applicant candidate in accordance with the Public Campaign Finance Option Act may transfer on a dollar-for-dollar basis, not to exceed the limits specified in this section, campaign funds legally obtained and accumulated prior to his declaration to participate. An applicant candidate shall limit seed money contributions and expenditures to the following amounts:
A. twenty-five thousand dollars ($25,000) for a candidate for governor;
B. ten thousand dollars ($10,000) for a candidate for lieutenant governor, secretary of state, state auditor, state treasurer or commissioner of public lands;
C. fifteen thousand dollars ($15,000) for a candidate for attorney general;
D. two thousand five hundred dollars ($2,500) for a candidate for public regulation commission;
E. two thousand dollars ($2,000) for a candidate for state senator; and
F. one thousand dollars ($1,000) for a candidate for state representative.
Section 14. [NEW MATERIAL] RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES FOR CERTIFIED CANDIDATES.--A certified candidate shall limit campaign expenditures and debts to the money distributed to that candidate from the fund and may not accept any contributions unless specifically authorized by the commission, provided that a certified candidate may accept in-kind contributions from a political party, up to an aggregate value of ten percent of that candidate's public financing. All money distributed to certified candidates shall be used for campaign-related purposes. The commission shall publish guidelines outlining permissible campaign-
related expenditures. A certified candidate shall return to the fund any amount that is unspent and uncommitted at the time that person ceases to be a candidate before a primary or election for which the fund money was distributed. A certified candidate shall return to the fund any amount that was unspent and uncommitted after the date of the primary election or general election for which the fund money was distributed.
Section 15. [NEW MATERIAL] TIMING OF FUND DISTRIBUTION.--
A. Beginning with the election cycle ending with the general election in 2002, money from the fund may be distributed to certified candidates by any mechanism that is expeditious, ensures accountability and safeguards the integrity of the fund. The commission shall distribute to certified candidates money from the fund in the amounts and at the times specified in Section 16 of the Public Campaign Finance Option Act and Subsections B, C and D of this section.
B. For a candidate certified before the second Tuesday in February of the election year, the commission shall distribute the amount due to that certified candidate for that covered office within three days after certification.
C. For a primary election certified candidate, the commission shall distribute the amount due to that certified candidate for that covered office within three days after the second Tuesday in February of the election year, reduced by any amounts previously distributed pursuant to Subsection B of this section.
D. Within three days after the primary election, a candidate certified for the general election shall receive one-fourth of the amount due to that certified candidate for that covered office. The remaining amount due to that certified candidate from the fund shall be distributed within one day of the first Monday of August of the election year for which the candidate is certified.
Section 16. [NEW MATERIAL] AMOUNT OF FUND DISTRIBUTION.--
A. By January 15, 2001, the commission shall determine the amount of money to be distributed to certified candidates for the election cycle ending with the general election in 2002, based on the type of election and the particular covered office for which the candidate is running.
B. For contested primary elections, the amount of money to be distributed is equal to eighty percent of the average amount of campaign expenditures made by all candidates receiving ten percent or greater of votes cast in all contested primary election races for the immediately preceding two primary elections for that covered office.
C. For uncontested primary elections, the amount of money to be distributed is equal to eighty percent of the average amount of campaign expenditures made by each candidate during all uncontested primary election races, or for contested races if the amount is lower, for the immediately preceding two primary elections for that covered office.
D. For contested general elections, the amount of money to be distributed is equal to eighty percent of the average amount of campaign expenditures made by all candidates receiving thirty percent or greater of votes cast in all contested general election races for the immediately preceding two general elections for that covered office.
E. For uncontested general elections, the amount of money to be distributed is equal to one-third of the amount that would be distributed pursuant to Subsection D of this section.
F. If the immediately preceding two election cycles do not contain sufficient data for the commission to determine the amount to be distributed for an office, the commission shall use data from the most recent applicable elections for that office. If no applicable elections for that office contain sufficient data, the commission shall set an amount based on data from elections for comparable offices.
G. At least every two years after January 15, 2001, the commission shall evaluate and modify as necessary the dollar values originally determined by Subsections B through D and F of this section and shall consider and account for inflation in its evaluations.
Section 17. [NEW MATERIAL] REPORTING BY NONCERTIFIED CANDIDATES.--
A. All noncertified candidates who have as an opponent a certified candidate shall report to the commission the amount of money spent by that noncertified candidate at the following intervals: forty-five, twenty, ten and five days before the election.
B. A person or political committee that intends to make expenditures to influence an election containing a certified candidate shall report to the commission the amount that person or political committee intends to spend to influence the election at the following intervals: forty-five, twenty, ten and five days before the election. Reports required by this section shall be submitted in a manner determined by the commission.
Section 18. [NEW MATERIAL] MATCHING FUNDS.--When a campaign, finance or election report or group of reports shows that the sum of a candidate's expenditures or obligations made, or funds raised or borrowed, whichever is greater, alone or in conjunction with expenditures made independently of the candidate to influence the election on behalf of the candidate or in opposition to a certified candidate, exceeds the distribution amount of Section 16 of the Public Campaign Finance Option Act, the commission shall issue immediately to any opposing certified candidate an additional amount equivalent to the reported excess. Any estimate reported pursuant to Section 17 of that act shall be treated as an expenditure for purposes of release of matching funds pursuant to this section. Total matching funds to a certified candidate in an election are limited to twice the amount originally distributed pursuant to Section 16 of that act.
Section 19. [NEW MATERIAL] INDEPENDENT CANDIDATES.--Independent candidates certified before 5:00 p.m. on the second Tuesday of February of the election year shall be eligible for revenues from the fund in the same amounts and at the same time as uncontested primary election certified candidates and general election certified candidates. For independent candidates not certified by this time, the deadline for filing qualifying contributions is 5:00 p.m. on the second Tuesday of July of the election year. Independent candidates certified after the second Tuesday in February shall be eligible for revenues from the fund in the same amounts as general election certified candidates.
Section 20. [NEW MATERIAL] OTHER PROCEDURES.--For races involving special elections, recounts, vacancies, withdrawals or replacement candidates, the commission shall establish by rule procedures for qualification, certification, disbursement of money and return of unspent money.
Section 21. [NEW MATERIAL] CANDIDATE REPORTING REQUIREMENTS--RETURN OF UNSPENT MONEY--DISPOSITION OF PROPERTY.--
A. All candidates shall report any money collected, all campaign expenditures, obligations and related activities to the commission according to procedures developed by the commission. Upon the filing of a final report for any losing primary election, special election or general election, each certified candidate who has remaining unspent revenues from the fund shall return all the unspent money to the commission. In developing these procedures, the commission shall use existing campaign reporting procedures whenever practicable. The commission shall ensure timely public access to campaign finance data and shall use a commercially available electronic format for providing public access, reporting and storage.
B. The commission shall develop procedures for the disposal of property, including equipment and furniture, purchased by certified candidates with money from the fund for use during an election campaign. Once a certified candidate is no longer in a campaign, that candidate shall dispose of that property in accordance with commission procedures. All money derived from disposal of that property shall be returned to the fund.
Section 22. [NEW MATERIAL] APPEALS.--The procedure for challenging a certification decision by the commission is as follows:
A. a person aggrieved by a certification decision may appeal to the commission within three days of the certification decision. The appeal shall be in writing and shall set forth the reasons for the appeal;
B. within five days after an appeal is properly made, and after due notice is given to the parties in dispute, the commission shall hold a hearing. The appellant has the burden of providing evidence to demonstrate that the commission's decision was improper. The commission shall rule on the appeal within three days after the completion of the hearing;
C. the parties in dispute may appeal the decision of the commission by commencing an action in district court of Santa Fe; and
D. candidates whose certification is revoked on appeal shall return to the commission any unspent money distributed from the fund. If the commission or court finds that an appeal was made frivolously or to result in delay or hardship, the commission or court may sanction the moving party by requiring the party to pay costs of the commission, court and opposing parties.
Section 23. [NEW MATERIAL] LIMITATION ON CONTRIBUTIONS TO CANDIDATES--VIOLATIONS.--
A. No natural person shall contribute to a nonapplicant or noncertified candidate money or other contributions in an election in excess of two hundred fifty dollars ($250) for a state legislative office or five hundred dollars ($500) for a nonfederal statewide or public regulation commission office, for that election. A candidate for state legislative office shall not solicit or accept from a natural person money or other contributions in excess of two hundred fifty dollars ($250) in an election, nor shall a candidate for a nonfederal statewide or public regulation commission office solicit or accept from a natural person money or other contributions in excess of five hundred dollars ($500) in an election.
B. Notwithstanding the provisions of Subsection A of this section, a nonapplicant or non-certified candidate may make a contribution to his own campaign or to his treasurer of any amount of money in an election.
C. No small-donor political action committee or political party shall contribute to a nonapplicant or noncertified candidate in an election in excess of one thousand dollars ($1,000) for a state legislative office or two thousand dollars ($2,000) for a nonfederal statewide or a public regulation commission office, for that election, nor shall a nonapplicant or noncertified candidate solicit or accept a contribution from a small-donor political action committee or political party in excess of these limits.
D. For the purposes of this section, "election" means a primary election or a general election in which the candidate or small-donor political action committee may be involved without regard to whether the candidate is opposed or unopposed in the election.
E. No natural person shall contribute money or other contributions in an election in excess of fifty dollars ($50.00) to a small-donor political action committee for that election. Non-small-donor political action committees are prohibited from contributing to a candidate running for a covered office. Corporations, associations and partnerships formed under state law and labor organizations are prohibited from contributing to a candidate running for a covered office.
F. Expenditures by a person or political committee that expressly advocates for or against a candidate and that are coordinated with a candidate shall be deemed coordinated expenditures. Coordinated expenditures shall be considered contributions to the candidate and shall be reported by the contributor to the candidate who shall report them to the secretary of state pursuant to the Campaign Reporting Act. Expenditures by a person or political committee that expressly advocates for or against a candidate but that have not been coordinated with a candidate shall be deemed independent expenditures. Independent expenditures made by a person or political committee that in the aggregate for any election for all candidates combined are in excess of five hundred dollars ($500) shall, in the political message produced by the expenditure, disclose that the advertisement or material is not authorized by any candidate and the full name of the person or political committee that is paying for the advertisement or material. Such independent expenditures shall be reported by the person or political committee to the secretary of state on the Thursday prior to an election and thirty days after an election.
G. A person, candidate or political committee that violates the provisions of this section is guilty of a fourth degree felony.
Section 24. [NEW MATERIAL] PENALTIES.--
A. In addition to other penalties that may be applicable, a person who violates a provision of the Public Campaign Finance Option Act is subject to a civil penalty of up to ten thousand dollars ($10,000) per violation. In addition to a fine, for good cause shown, a candidate found in violation of that act may be required to return to the fund all amounts distributed to the candidate from the fund. If the commission makes a determination that a violation of that act has occurred, the commission shall impose a fine or transmit the finding to the attorney general for prosecution. In determining whether a candidate is in violation of the expenditure limits of that act, the commission may consider as a mitigating factor any circumstances out of the candidate's control.
B. A person who willfully or knowingly violates the provisions of the Public Campaign Finance Option Act or rules of the commission or knowingly makes a false statement in a report required by that act is guilty of a fourth degree felony and, if certified as a Public Campaign Finance Option Act candidate, must return to the fund all amounts distributed to that candidate.
Section 25. A new section of the Tax Administration Act is enacted to read:
"[NEW MATERIAL] DISTRIBUTION--PUBLIC ELECTION FUND.--A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the public election fund of all amounts designated as contributions to that fund according to the provisions of the Income Tax Act."
Section 26. A new section of the Income Tax Act is enacted to read:
"[NEW MATERIAL] OPTIONAL DESIGNATION OF TAX PAYMENT--PUBLIC ELECTION FUND.--
A. Single individuals, married individuals filing separately and heads of household may designate that five dollars ($5.00) of their income tax payment due be paid into the public election fund. In the case of married individuals filing jointly, the couple may designate that either five dollars ($5.00) or ten dollars ($10.00) of the couple's income tax due be paid into the public election fund.
B. The secretary shall revise the state income tax form to allow the designation by individual taxpayers of contributions to the public election fund in substantially the following form:
"YES NO
New Mexico Public Election Fund Contribution--
Check YES if you want five dollars of your
tax payment to go to the Public Election Fund.
If filing jointly, check YES if your spouse also
wants five dollars to go to the Public Election
Fund. Checking YES will not change your tax bill
nor will it decrease the amount of your tax refund."."
Section 27. A new section of the Income Tax Act is enacted to read:
"[NEW MATERIAL] DEDUCTION--PAYMENTS INTO THE PUBLIC ELECTION FUND.--A taxpayer may claim a deduction from net income for the amount of contributions made to the public election fund of up to two hundred fifty dollars ($250) for individuals or five hundred dollars ($500) for married individuals filing jointly for the taxable year in which the deduction was made. A husband and wife who file separate returns may each claim only one-half of the deduction that would have been allowed on a joint return. Individuals having income both within and without this state shall apportion this deduction in accordance with rules of the secretary."
Section 28. APPROPRIATION.--Twenty-five thousand dollars ($25,000) is appropriated from the general fund to the public election fund for the purpose of carrying out the administrative duties of the commission on election practices pursuant to the provisions of the Public Campaign Finance Option Act in fiscal year 2000 and subsequent fiscal years. Three million one hundred sixty thousand dollars ($3,160,000) is appropriated from the general fund to the public election fund for disbursement by the commission on election practices to certified candidates. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
Section 29. DELAYED REPEAL.--This act is repealed effective December 31, 2006.
Section 30. SEVERABILITY.--If any part or application of the Public Campaign Finance Option Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
Section 31. APPLICABILITY.--The provisions of Sections 25 through 27 of this act apply to taxable years beginning on or after January 1, 1999.
Section 32. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.