TITLE 1               GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 10     ELECTIONS AND ELECTED OFFICIALS

PART 13              CAMPAIGN FINANCE

 

1.10.13.1               ISSUING AGENCY:  Office of the Secretary of State

[1.10.13.1 NMAC - N, 10/10/2017]

 

1.10.13.2               SCOPE:  This rule applies to all persons, candidates and committees covered by the Campaign Reporting Act, Sections 1-19-25 through 1-19-37 NMSA 1978.

[1.10.13.2 NMAC - N, 10/10/2017; A, 3/22/2022]

 

1.10.13.3               STATUTORY AUTHORITY: This rule is authorized by Section 1-2-1 NMSA 1978 and Section 1-19-26.2 of the Campaign Reporting Act, Sections 1-19-25 through 1-19-37 NMSA 1978.

[1.10.13.3 NMAC - N, 10/10/2017]

 

1.10.13.4               DURATION:  Permanent

[1.10.13.4 NMAC - N, 10/10/2017]

 

1.10.13.5               EFFECTIVE DATE:  October 10, 2017, unless a later date is cited at the end of a section.

[1.10.13.5 NMAC - N, 10/10/2017]

 

1.10.13.6               OBJECTIVE:  The objective of this rule is to provide clear guidance regarding the application and implementation of the provisions of the Campaign Reporting Act, Sections 1-19-25 through 1-19-36 NMSA 1978 to affected parties while also providing for clear and specific guidance to the secretary of state in administering and enforcing the law.

[1.10.13.6 NMAC - N, 10/10/2017; A, 10/29/2019; A, 3/22/2022]

 

1.10.13.7               DEFINITIONS:

                A.            “Agent” means a person with express or implied authorization to engage in campaign related activities on behalf of a candidate or committee.

                B.            “Aggregate contributions” means the sum total of all contributions given to a candidate, campaign committee, or political committee by the same donor in [the same] a primary or general election cycle.  Aggregate contributions may not exceed contribution limits.

                C.            "Clearly identified" means: (1) the name of the candidate or ballot question appears; (2) a photograph or drawing of the candidate appears; or (3) the identity of the candidate or ballot question is otherwise apparent by unambiguous reference.

                D.            “Committee” means a political committee or campaign committee covered under the Campaign Reporting Act.

                E.            “Contribution or coordination political committee” means a type of political committee that makes contributions or coordinated expenditures to candidates or committees.

                F.            “Debt” means an outstanding expenditure or loan which is not fully paid at the time it is reported in the campaign finance information system and is therefore reported as unpaid debt.

                G.            “Donor” means contributor.

                H.            “Earmarking” means making a contribution in which the original donor expresses an intention for the contribution to pass through some other person to a specific candidate or committee or to be used for a specific purpose, such as funding independent expenditures.

                I.             “Expressly advocate” means that the communication contains a phrase including, but not limited to, "vote for," "re-elect," "support," "cast your ballot for," "candidate for elected office," "vote against," "defeat," "reject," or "sign the petition for," or a campaign slogan or words that in context and with limited reference to external events, such as the proximity to the election, can have no reasonable meaning other than to advocate the election, passage, or defeat of one or more clearly identified ballot questions or candidates.

                J.             “Final report” means the last report electronically filed under the Campaign Reporting Act in accordance with Subsection F of Section 1-19-29 NMSA 1978 indicating that:

                                (1)           there are no outstanding campaign debts;

                                (2)           all money has been expended in accordance with the provisions of Section 1-19-29.1 NMSA 1978; and

                                (3)           the bank accounts have been closed.

                K.            “Finding” means a determination made by the secretary of state based upon an administrative examination or inquiry.

                L.            “Foreign nationals” means an individual who is not a citizen or a national of the United States (as defined in 8 U.S.C. §1101(a)(22)) and who is not lawfully admitted for permanent residence, as defined by 8 U.S.C. §1101(a)(20).

                M.           “In-kind contributions” means goods or services or anything of value contributed to a candidate or committee other than money.  The provision of any goods or services without charge or at a charge that is less than the usual and normal charge for such goods or services is an in-kind contribution.  Examples of such goods or services include, but are not limited to: securities, facilities, equipment, supplies, personnel, advertising services, membership lists, and mailing lists.

                N.            “Legislative Caucus Committee” means a political committee established by the members of a political party in a chamber of the legislature pursuant to the provisions of Subsection O of Section 1-19-26 NMSA 1978 and Section 2-21-1 NMSA 1978.  A legislative caucus committee is also a political committee pursuant to Subsection Q of Section 1-19-26 NMSA 1978.

                O.            “Loan” means an extension of credit to a candidate or committee by any person, including the candidate themselves, for use as monies spent toward the election of a candidate or other political purpose.

                P.            “Members” means all persons who are currently satisfying the requirements for membership in a membership organization, affirmatively accept the membership organization's invitation to become a member, and either:

                                (1)           have some financial attachment to the membership organization; or

                                (2)           pay membership dues at least annually, of a specific amount predetermined by the organization; or

                                (3)           have an organizational attachment to the membership organization that includes: affirmation of membership on at least an annual basis and direct participatory rights in the governance of the organization.  For example, such rights could include the right to vote directly or indirectly for at least one individual on the membership organization's highest governing board; the right to vote on policy questions where the highest governing body of the membership organization is obligated to abide by the results; the right to approve the organization's annual budget; or the right to participate directly in similar aspects of the organization's governance.

                Q.            “Membership organization” means an unincorporated association, trade association, cooperative, corporation without capital stock, or a local, national, or international labor organization that:

                                (1)           is composed of members;

                                (2)           expressly states the qualifications and requirements for membership in its articles, bylaws, constitution or other formal organizational documents;

                                (3)           makes its articles, bylaws, constitution or other formal organizational documents available to its members;

                                (4)           expressly solicits persons to become members;

                                (5)           expressly acknowledges the acceptance of membership, such as by sending a membership card or including the member's name on a membership newsletter list; and

                                (6)           is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual for offices covered under the Campaign Reporting Act.

                R.            “Mixed purpose political committee” means a type of political committee that makes independent expenditures and coordinated expenditures or contributions and that segregates funds used for coordinated expenditures and contributions subject to contribution limits into a separate bank account from funds used for independent expenditures.

                S.             “Pledge” means a promise from a contributor to send or deliver a contribution by a specified time.

                T.            “Primary purpose” means the purpose for which an entity or committee:

                                (1)           was created, formed or organized; or

                                (2)           has made more than fifty percent of its expenditures during the current election cycle exclusive of salaries and administrative costs; or

                                (3)           has devoted more than fifty percent of the working time of its personnel during the current election cycle.

                U.            “Relevant electorate” means the constituency eligible to vote for the candidate or ballot question.

V.            “Solicit” means to ask that another person make a contribution, donation, transfer of funds, or otherwise provide anything of value, whether it is to be made or provided directly to the candidate or committee, or through a conduit or intermediary.

                W.           “Sponsoring organization” means an organization that has provided more than twenty-five percent of the total contributions to a political committee as of the time the committee is required to register under this rule.

                X.            “Special event” means a barbeque, tea, coffee, dinner, reception, dance, concert or similar fundraiser where tickets costing twenty-five dollars ($25) or less are sold and no more than one thousand dollars ($1,000) net contributions are received.

                Y.            “Statement of no activity” means the prescribed form used by a reporting individual to indicate that no contributions were raised or expenditures were made during a particular reporting period.

                Z.            “Treasurer” means an individual explicitly designated by a candidate or committee to authorize disbursements, receive contributions, maintain a proper record of the campaign finances, and who, along with the candidate, is personally liable for discrepancies in the finances and reports of the committee.

                AA.         “Unresolved discrepancy” means a finding of an actual or perceived inconsistency, conflict, or contradiction that is not resolved after attempts to seek voluntary compliance.

[1.10.13.7 NMAC - N, 10/10/2017; A, 10/29/2019; A, 3/22/2022]

 

1.10.13.8               CANDIDATE CAMPAIGN COMMITTEE REGISTRATIONS:

                A.            A candidate for a non-statewide office shall register the candidate’s campaign committee with the secretary of state within 10 days of receiving contributions or expending one thousand dollars ($1,000) or more for campaign expenditures or filing a declaration of candidacy; whichever occurs earlier.

                B.            A candidate for statewide office shall register the candidate’s campaign committee with the secretary of state within 10 days of receiving contributions or expending three thousand dollars ($3,000) or more or filing a declaration of candidacy; whichever occurs earlier.

                C.            All candidates shall complete a campaign committee registration online via the registration process in the campaign finance information system (CFIS). Following acceptance of the campaign committee registration form, the secretary of state will create a user account for the candidate in CFIS and will issue the candidate a unique CFIS user identification.

                D.            A candidate is responsible for entering accurate and current contact information in CFIS, including mailing address and email address.  Failure to provide accurate or current contact information does not limit the candidate’s liability regarding fines and civil actions against the candidate or public official related to campaign reporting. 

                E.            Section 1-19-27 NMSA 1978 requires that all campaign finance reports be filed electronically with the secretary of state’s office.  In order to file electronically, the candidate must, at all times, maintain a valid email address on file with the secretary of state.

                F.            A candidate may serve as the candidate’s own treasurer.  If the candidate does not serve as the candidate’s own treasurer, then the candidate shall appoint a treasurer who shall be jointly responsible as a reporting individual with the candidate for the campaign committee.

                G.            If the candidate does not serve as the candidate’s own treasurer, in the event of a vacancy in the position of treasurer, the candidate shall appoint a successor treasurer within 10 days of the vacancy by updating the information electronically in CFIS.

                H.            The candidate is deemed to have authorized and approved each report entry submitted to CFIS.

                I.             A candidate may only have one campaign committee at a time unless the candidate is seeking public financing and must keep a previous campaign account open and separated.

                J.             A candidate seeking re-election to the same office is not required to submit a new campaign committee registration form if the candidate already has an open campaign account.

                K.            A candidate seeking election to a new office covered by the campaign reporting act than what the candidate previously registered is required to submit a new campaign committee registration form.  If a new candidate campaign committee registration form is submitted by a candidate with an open campaign committee for a new office, the candidates shall expend all funds in accordance with the Campaign Reporting Act or transfer any remaining funds from the old campaign committee to the new campaign committee and file a final report to close the old campaign committee within ten days from the date the registration form is accepted by the secretary of state unless the candidate is seeking public financing and must keep a previous campaign account open and separated.

[1.10.13.8 NMAC - N, 10/10/2017; A, 10/29/2019; A, 3/22/2022]

 

1.10.13.9               WITHDRAWING FROM CANDIDACY:  If a candidate files a statement of withdrawal, the candidate must file a final report in CFIS no later than the next report deadline or continue to file CFIS reports pursuant the schedule defined by Section 1-19-29 NMSA 1978.

[1.10.13.9 NMAC - N, 10/10/2017]

 

1.10.13.10             POLITICAL COMMITTEE REGISTRATIONS:

                A.            Registration.

                                (1)           Prior to receiving or making any contribution or expenditure for a political purpose.  All political committees shall complete a political committee registration form/statement of organization online via the registration process in CFIS and submit the completed form, along with a fifty dollar ($50) filing fee, to the secretary of state.  The form shall include:

                                                (a)           the full name of the political committee, which shall fairly and accurately reflect the identity of the committee, including any sponsoring organization;

                                                (b)           the physical address of the political committee, a mailing address if different from the physical address, and an email address;

                                                (c)           a statement of the purpose for which the political committee was organized; under this section, the committee shall designate the type of expenditures it will be making; the committee will have the option of registering as:

                                                                (i)            an independent expenditure political committee;

                                                                (ii)           a contribution or coordination political committee; or

                                                                (iii)         a mixed purpose political committee.

                                                (d)           the names and addresses of the officers of the committee;

                                                (e)           an identification of the bank(s) used by the committee for all expenditures or contributions made or received; this shall include the name of the bank(s), business address(es) of the branch office(s) where the account(s) was/were opened, and telephone number for the bank(s); and

                                                (f)            the treasurer’s name, mailing address, email address, and contact information.

                                (2)           Following acceptance of the political committee registration form, the secretary of state will issue the treasurer a unique CFIS user identification.

                                (3)           The provisions of this section do not apply to a political committee that is located in another state and is registered with the federal election commission (FEC).  If the political committee is located in another state and reports to the FEC, the committee shall file a copy of either the full report or the cover sheet and the portions of the federal reporting forms that contain the information on expenditures for and contributions made to reporting individuals in New Mexico with the secretary of state within 10 days of filing the report to the FEC.

                                (4)           If a political committee is located in another state and is making contributions and expenditures to New Mexico reporting individuals, but is not registered with the FEC, then the out-of-state political committee must register and report its New Mexico contributions and expenditures in accordance with the provisions of the Campaign Reporting Act and this rule.

                                (5)           If a political committee is located in New Mexico and is required to register as a political committee under this rule, the political committee must register with the secretary of state even if it is also registered with the FEC.

                                (6)           The political committee’s treasurer is responsible for carrying out the duties described in the Campaign Reporting Act and this rule and may be personally liable if he or she knowingly and willfully violates the Campaign Reporting Act.

                                (7)           An individual who resigns as treasurer of a political committee shall submit a resignation statement on a form prescribed by the secretary of state.  An individual’s resignation is not effective until a replacement treasurer is appointed, and the treasurer’s information is updated electronically in CFIS.

                                (8)           A political committee shall not continue to receive or make any contributions or expenditures unless the name of the current treasurer is on file with the secretary of state by updating the information in CFIS.

                                (9)           A political committee is responsible for entering accurate and current contact information in CFIS, including mailing address and email address.  Failure to provide accurate or current contact information does not limit the political committee’s liability regarding fines and civil actions related to campaign reporting.

                                (10)         Any changes to the information provided in the registration form/statement of registration shall be filed in CFIS within 10 days.

                B.            Section 1-19-27 NMSA 1978 requires that all campaign finance reports be filed electronically with the secretary of state’s office.  In order to file electronically, the political committee must maintain a valid email address on file with the office.

                C.            Political party registration:  Qualified political parties that file rules in accordance with Article 7 of the Election Code with the secretary of state or county clerk are required to complete and file the political committee registration form with the secretary of state and must adhere to the provisions of the Campaign Reporting Act and this rule.

                D.            Legislative caucus committee registration:  a legislative caucus committee is required to complete and file the political committee registration form with the secretary of state and must adhere to the provisions of the Campaign Reporting Act.

                E.            Notice of cancellation:

                                (1)           A political committee, other than a political party or a legislative caucus committee, that has not received any contribution or made any coordinated or independent expenditures for a continuous period of at least one year pursuant to Subsection G of Section 1-19-29 NMSA 1978 shall be advised of their right to cancel the political committee’s registration without obligation to file a final report.  The political committee shall notify the secretary of state of the political committee’s intention to remain active or will otherwise be marked as inactive by January 1 of the next even numbered year.

                                (2)           A political committee that has cancelled its registration pursuant to Subsection G of Section 1-19-29 NMSA 1978, shall submit a new registration.  A new registration shall include:

                                                                (a)           current bank account balance(s); and

                                                                (b)           a certification that no contributions have been received or any expenditures made for a political purpose during the period wherein the political committee’s registration was cancelled pursuant to Subsection G or Section 1-19-29 NMSA 1978.

[1.10.13.10 NMAC - N, 10/10/2017; A, 10/29/2019; A, 3/22/2022]

 

1.10.13.11             REPORTING OF INDEPENDENT EXPENDITURES:

                A.            A person reporting an independent expenditure [under this section] that is not otherwise required to register as a political committee or report under the Campaign Reporting Act shall complete the online registration process in CFIS for setting up an account as an independent expenditure filer.

                B.            Time requirements:  An independent expenditure is considered to be made on the first date on which the communication or advertisement is published, broadcast or otherwise publicly disseminated.

                               

                C.            No person may make contributions or expenditures with an intent to conceal the names of persons who are the true source of funds used to make independent expenditures, or the true recipients of the expenditure.

                D.            Both a person who makes an independent expenditure pursuant to Section 1-19-27.3 NMSA 1978 or a registered political committee that files reports in accordance with Section 1-19-29 NMSA 1978 is required to disclose the candidate(s) or ballot question(s) being supported or opposed by each independent expenditure made.

E.            If a person declines to identify a contributor pursuant to Paragraph 2 of Subsection D of Section 1-19-27.3 NMSA 1978 on the basis that the contributor requested in writing that the contribution not be used to fund independent or coordinated expenditures or to make contributions to a candidate, campaign committee, or political committee, the person making the independent expenditure shall, contemporaneously with the filing of the report required under this Section and Section 1-19-27.3 NMSA 1978, submit to the secretary of state a statement under penalty of perjury that:

                                (1)           a contributor requested that a contribution not be used to fund independent or coordinated expenditures or to make contributions to a candidate, campaign committee, or political committee; and

                                (2)           the person making the independent expenditure, coordinated expenditures, or contributions to a candidate, campaign committee or political committee did not use any of the funds received from the contributor for those purposes.

[1.10.13.11 NMAC - N, 10/10/2017; A, 10/29/2019; A, 3/22/2022]

 

1.10.13.12             GENERAL REPORTING RULES:

                A.            Candidate campaign committees.

                                (1)           All campaign committees shall file reports according to the schedule set forth in Section 1-19-29 NMSA 1978.  Reports shall be accepted until midnight mountain time on the date of filing without penalty.  In the event that a filing deadline falls on a state holiday, the report shall be made on the following day.  Beginning after 12:01 a.m. mountain time on the day after the due date of the report, penalties for late filing shall begin to accrue.

                                (2)           Campaign committees shall report all contributions, in-kind contributions known to the campaign committee, loans, expenditures, loan repayments, and debt forgiven by the lender.

                                (3)           Coordinated expenditures made on behalf of the candidate or campaign committee shall be reported by the campaign committee as in-kind contributions received from the coordinating political committee and are subject to contribution limits.  Any committee reporting an expenditure that is in-kind to another committee registered pursuant to the Campaign Reporting Act is required to disclose the name of the committee benefiting from the in-kind contribution.

                                (4)           Candidates must file all required reports while they are an active candidate and continue to file timely reports until such time as they meet the requirements to file a final report.  For example, a primary election candidate that loses the primary election must file all reports included in the primary election cycle and continue to file reports until the candidate files a final report.  Losing an election does not terminate a candidate’s requirement to file under the Campaign Reporting Act.

                                (5)           A candidate’s personal funds spent in support of a candidate’s own campaign are considered a contribution and shall be disclosed by filing the required reports in CFIS; however, these funds are not subject to contribution limits.

                                (6)           Upon request by the secretary of state, the campaign committee shall provide a copy of bank statements, for all accounts, for any reporting period.

                                (7)           Candidates benefiting from independent expenditures or in-kind contributions the candidate has no knowledge of have no obligation to report the item as a contribution to the candidate’s campaign committee.

                B.            Political committees.

                                (1)           Political committees shall file reports according to the schedule set forth in Section 1-19-29 NMSA 1978.  Reports shall be accepted until midnight on the date of filing deadline without penalty.  In the event that a filing deadline falls on a state holiday, the report shall be made on the following day.  Beginning after 12:01 a.m. mountain time on the date after the filing deadline of the report, penalties for late filing shall begin to accrue.

                                (2)           Political committees shall report all contributions, in-kind contributions known to the political committee, loans, expenditures, loan repayments, and debt forgiven by the lender.

                                (3)           In addition to disclosing the information required by the Campaign Reporting Act for expenditures, a political committee making coordinated expenditures, including in-kind, shall also disclose the name of the candidate, campaign committee, or political committee with whom the expenditure is being coordinated or is benefitting. 

                                (4)           Upon request by the secretary of state, the political committee shall provide a copy of bank statements, for all accounts, for the political committee for any reporting period.

                C.            Hardship waivers.

                                (1)           All reports required by these rules shall be filed electronically in the manner and on forms as prescribed by the secretary of state.  Reporting individuals required to file reports may apply to the secretary of state for exemption from electronic filing in case of hardship by submitting a hardship waiver request form prescribed by the secretary of state.  The secretary of state may approve or deny this request.  Approval may be granted at the discretion of the secretary of state only if the reporting individual has no way to access CFIS.

                                (2)           Upon approval of a hardship waiver, the reporting individual shall submit the report on a prescribed paper form.  Approval of a hardship waiver by the secretary of state, authorizes the secretary of state to enter the report into the electronic system on behalf of the reporting individual.  A copy of the electronic report entered by the secretary of state will be mailed to the reporting individual once it has been entered into CFIS.

                                (3)           Submission of a hardship waiver request does not constitute meeting the reporting requirements including the statutory reporting deadlines.  Failure to adhere to a report deadline may still result in fines pursuant to Section 1-19-35 NMSA 1978.  Reporting individuals shall make arrangements for hardship approval with the secretary of state in advance of report deadlines to ensure timely filing.

[1.10.13.12 NMAC - N, 10/10/2017; A, 10/29/2019; A, 3/22/2022]

 

1.10.13.13             NO ACTIVITY:

                A.            All candidates are required to register and file reports in CFIS according to the reporting schedule outlined in the Campaign Reporting Act once a declaration of candidacy has been filed, even if the candidate does not raise or spend any funds.  Candidates who have collected no contributions and made no expenditures shall file a statement of no activity.

                B.            Candidates who do not raise funds are not required to open a campaign bank account.

                C.            Receiving funds as a publicly financed candidate pursuant to the Voter Action Act is considered raising funds for the purpose of this rule.

                D.            Candidates who maintain a zero balance in CFIS for the duration of a primary or general election cycle shall be administratively closed by the secretary of state.

[1.10.13.13 NMAC - N, 10/10/2017; A, 3/22/2022]

 

1.10.13.14             SUPPLEMENTAL REPORTS:

                A.            Certain candidates must report in CFIS contributions and pledges to contribute that are received beginning the Thursday before an election through the election in CFIS using supplemental reports in accordance with Subparagraph 5 of Subsection B of Section 1-19-29 NMSA 1978.

                B.            If a candidate receives a pledge during the time period specified in Subparagraph 5 of Subsection B of Section 1-19-29 NMSA 1978 but does not receive the contribution as pledged, the candidate may later amend the campaign committee’s supplemental report.

[1.10.13.14 NMAC - N, 10/10/2017]

 

1.10.13.15             LATE FILING OF REPORTS:

                A.            If a reporting individual or person required to file a report pursuant to Section 1-19-27.3 NMSA 1978 fails to timely file a report in CFIS, or fails to file a report, a written notice will be sent by the secretary of state to the reporting individual or person required to file a report explaining the violation and the fine imposed.

                B.            The reporting individual or person required to file a report is afforded 10 working days from the date of the written notice to file, if needed, and provide a written explanation within CFIS indicating why the violation occurred.

                C.            If a timely explanation is provided and the report is filed within the timeframe provided by the notice, the secretary of state will make a determination whether good cause exists to fully or partially waive the fine.

                D.            If the reporting individual or person required to file the report fails to provide a written response or fails to file a report within the timeframe provided by the notice, the secretary of state shall issue a notice of final action requiring the reporting individual or person required to file the report to file the late report, provide a written explanation of why the violation occurred, and pay the fine owed.

                E.            Fines for late filing will accrue beginning the day after the filing deadline until the report is filed at the statutory rate of fifty dollars ($50) per day up to a maximum fine pursuant to Subsection H of Section 1-19-35 NMSA 1978 per report.  Candidates required to file supplemental reports are subject to additional fines pursuant to Subsection C of Section 1-19-35 NMSA 1978.

F.            If a reporting individual or person required to file a report desires to come into voluntary compliance after a notice of final action has been issued but prior to a referral pursuant to Section 1-19-34.6 NMSA 1978, the secretary of state may, at the secretary of state’s sole discretion, file a petition with the court requesting the court to waive fines for good cause.

                G.            Failure to respond to the notice of final action shall result in a referral to the state ethics commission.

[1.10.13.15 NMAC - N, 10/10/2017; A, 10/29/2019; A, 3/22/2022]

 

1.10.13.16             LOANS:

                A.            All loans made to a candidate or committee, including loans sourced from a candidate’s own personal funds must be reported.

                B.            Contribution limits apply to loans unless the loan is sourced from the candidate’s own personal funds in accordance with Subsection H of Section 1-19-34.7 NMSA 1978.

                C.            If a spouse of a candidate co-signs a commercial loan to a candidate pledging community assets as collateral, it is not considered a contribution from the spouse to the candidate as long as the candidate’s interest in the community asset meets or exceed the amount of the loan.

                D.            Loan repayments and forgiven loans must be reported separately from other expenditures within the loan module of CFIS.

[1.10.13.16 NMAC - N, 10/10/2017; A, 10/29/2019]

 

1.10.13.17             CAMPAIGN DEBTS:

                A.            Campaign debts may not exceed available campaign funds unless the debt is a loan.  Loans from a third party must conform to contribution limits.

                B.            Following the date of the primary or general election, if a candidate has outstanding debts after expending all available campaign funds, the candidate may collect contributions for the sole purpose of paying those debts.

                C.            The contributions will apply to the primary or general election cycle for which the campaign debt was incurred for purposes of computing allowable contribution limits.

                D.            A candidate who does not have net outstanding campaign debt may not collect contributions for a primary or general election cycle that has ended.

                E.            A candidate may not transfer funds collected specifically to satisfy campaign debt to a subsequent primary or general election cycle. Accordingly, contributions collected for the purpose of paying off outstanding campaign debts may not exceed the amount of the outstanding debts.

[1.10.13.17 NMAC - N, 10/10/2017]

 

1.10.13.18             IN-KIND CONTRIBUTIONS:

                A.            In-kind contributions must be reported with the actual value of the contribution.  If an actual value is not available, an estimated value of the contribution may be used.

                B.            Coordinated expenditures are treated as in-kind contributions and must be reported as such.

                C.            If a committee or person makes an in-kind contribution that benefits multiple candidates, each candidate must report the estimated benefit received per person.

                D.            Goods, such as facilities, equipment, or supplies, are valued at the price the item or facility would have cost, given its age and condition, at the time the contribution was made.

                E.            If goods or services are provided at less than the usual and normal charge, the amount of the in-kind contribution is the difference between the usual and normal charge for the goods or services at the time of the contribution and the amount charged to the candidate or committee.

                F.            The value of in-kind contributions from a political party or legislative caucus committee to a candidate nominated by that party in a general election cycle do not apply to the limitations on contributions to candidates or campaign committees.

                G.            If a committee makes an expenditure that is reported as coordinated or in-kind to another campaign or political committee, the committee making the expenditure must disclose the candidate or political committee that is benefitting from the expenditure.

[1.10.13.18 NMAC - N, 10/10/2017; A, 10/29/2019; A, 9/28/2021; A, 3/22/2022]

 

1.10.13.19             VOLUNTEERS:

                A.            Volunteer work performed for a candidate or committee is not considered a contribution.  An individual may volunteer his or her own personal services to a campaign or candidate if the services are not compensated by the candidate, campaign or any other person.  If a third party pays a person to volunteer for a candidate or committee, the payment constitutes an in-kind contribution to the campaign committee which must be reported by the campaign committee.

                B.            Individuals may use their own homes, recreation or meeting rooms of complexes, or other facilities to conduct volunteer activities for a campaign committee without reporting the rental value of the premises as a contribution.

                C.            Candidates and campaigns may reimburse volunteers for out of pocket expenses other than the value of their time.  Any expense reimbursed by the candidate or committee must be reported by the candidate or committee.

[1.10.13.19 NMAC - N, 10/10/2017]

 

1.10.13.20             CONTRIBUTIONS:

                A.            The entire amount paid by a donor to attend a political fundraiser or other political event or to purchase a fundraising item sold by a candidate is a contribution and counts against the donor’s limit for political contributions, except for special events pursuant to Subsection C of Section 1-19-34 NMSA 1978.

                B.            Contributions received as a result of special events shall be reported cumulatively on the special events form in CFIS.  Reporting individuals shall report the sponsor of the event, the amount received (gross proceeds), the expenditures incurred, the estimated number of persons in attendance, and the net amount received after deducting the expenditures incurred in conducting the event (net proceeds).

                C.            For all other fundraising events at which the price of admission exceeds twenty five dollars ($25), or which raise more than one thousand dollars ($1,000) in net proceeds, the reporting individual must report each individual contribution pursuant to Section 1-19-31 NMSA 1978.

                D.            No single anonymous contribution may be accepted in excess of one hundred dollars ($100).  No more than five hundred dollars ($500) may be accepted in aggregate anonymous contributions for any non-statewide candidate in a primary or general election cycle.  No more than two thousand dollars ($2000) may be accepted in aggregate anonymous contributions for any statewide campaign committee or political committee in a primary or general election cycle.

                E.            A candidate’s spouse and family are subject to the same contribution limits to the candidate’s campaign as other contributors, provided, however, that a candidate may contribute from a joint account with a spouse or family member without limit if the funds would otherwise be available to the candidate in the regular course of business, or as community property or as a joint tenant.

                F.            The personal funds of a candidate include:

                                (1)           assets which the candidate has the legal right of access to or control over, and which he or she has legal title to or an equitable interest in, at the time of candidacy;

                                (2)           income from employment, including self-employment;

                                (3)           dividends and interest from, and proceeds from, sale or liquidation of stocks, real estate or other investments;

                                (4)           income from trusts, if established before the commencement of a primary or general election cycle;

                                (5)           bequests to the candidate, if established before the commencement of a primary or general election cycle;

                                (6)           personal gifts that have been customarily received by the candidate prior to the commencement of a primary or general election cycle; and

                                (7)           proceeds from lotteries or games of chance.

                G.            The reporting individual is responsible for ensuring that all contributions are lawful.  If the reporting individual has reason to suspect that a contribution is excessive or prohibited, he or she must, within 10 days of receiving the contribution, validate the legality of the contribution and correct any discrepancy, if necessary, in order to comply with the law.

[1.10.13.20 NMAC - N, 10/10/2017; A, 10/29/2019]

 

1.10.13.21             [RESERVED]

[1.10.13.21 NMAC - N, 10/10/2017; Repealed, 3/22/2022]

 

1.10.13.22             EXCESSIVE OR PROHIBITED CONTRIBUTIONS:

                A.            Excessive or prohibited contributions shall be returned to the donor upon receipt, without penalty to the reporting individual.  However, if the secretary of state discovers a discrepancy or otherwise makes a finding that an excessive or illegal contribution has been received by a candidate or committee, the candidate or committee shall forfeit the excessive or illegal contribution in accordance with Subsection G of Section 1-19-34.7 NMSA 1978.  A candidate or political committee shall disclose refunds of contributions or expenditures to the public election fund in CFIS in the reporting period in which the refund was made. 

                B.            Excess anonymous funds pursuant to Subsections B and C of Section 1-19-34 NMSA 1978 shall be donated pursuant to the requirements of Subsection D of Section 1-19-34 NMSA 1978.  The candidate or political committee shall disclose the details of the disbursement of excess anonymous funds in CFIS in the reporting period in which the disbursement was made.

                C.            The reporting individual must check committee records regularly to reasonably ensure that aggregate contributions from one contributor do not exceed the contribution limits of the Campaign Reporting Act.

                D.            When an excessive contribution is made via written instrument with more than one individual's name on it, but only has one signature, the permissible portion may be attributed to the signer and the excessive portion may be attributed to the other individual whose name is printed on the written instrument, without obtaining a second signature.  This may be done so long as the reattribution does not cause the other contributor to exceed any contribution limit.

                E.            An excessive contribution which is not designated for either the primary or general election cycle, and which is made after the primary, but before the general election, may be applied to the outstanding debts from the primary election cycle if the campaign committee has more net debts outstanding from the primary election cycle than the excessive portion of the contribution.  The re-designation must not cause the contributor to exceed any contribution limits.

                F.            Contributions and donations may not be solicited, accepted, received from, or made directly or indirectly by, foreign nationals who do not have permanent residence in the United States.

[1.10.13.22 NMAC - N, 10/10/2017; A, 10/29/2019; A, 3/22/2022]

 

1.10.13.23             DATE CONTRIBUTION IS MADE VS DATE OF RECEIPT:

                A.            A contribution is "made" by the contributor when the contributor relinquishes control over it.  If the contributor hand delivers a contribution, the contribution is made on the delivery date.  If mailed, a contribution is made on the date of the postmark.  An in-kind contribution is made on the date that the goods or services are provided by the contributor.  A contribution made via the internet is considered made on the date the contributor electronically confirms the transaction.

                B.            The date of receipt is the date the candidate, committee or person acting on the committee's behalf, actually receives the contribution.  This is the date that shall be used to report the contribution.  The date of deposit is not used for reporting or contribution limit purposes.

                C.            When a contribution is received through debit or credit card charges, the date of receipt is the date on which the contributor’s signed or electronic authorization to charge the contribution is received by the candidate, committee or a person acting on the committee’s behalf.

                D.            The date of receipt of in-kind contributions is the date the goods or services are provided to the recipient.

[1.10.13.23 NMAC - N, 10/10/2017]

 

1.10.13.24             EARMARKING:

                A.            It is unlawful for a person to make a contribution in the name of another person and no reporting entity shall knowingly accept a contribution from one person in the name of another person.

                B.            A reporting individual shall not knowingly accept a contribution which was earmarked by an original donor for contribution from a subsequent donor to the candidate or committee unless the original donor is disclosed in the committee’s reporting.

                C.            All contributions made by a person, either directly or indirectly, including contributions that are in any way earmarked or otherwise directed through another person, shall be treated as contributions from the person who originally made the contribution.

[1.10.13.24 NMAC - N, 10/10/2017]

 

1.10.13.25             CANDIDATE EXPENDITURES:

                A.            Candidates who use the candidate’s own personal funds for expenditures of the campaign committee must report the funds as either contributions to the campaign committee, which cannot be repaid to the candidate, or as loans to the campaign committee, which can be repaid from other campaign contributions received by the campaign committee.  A candidate may also pay for expenditures of the campaign committee out of personal funds and obtain reimbursement from the campaign committee, but the campaign committee must itemize the expenditures reimbursed and otherwise comply with the disclosure requirements of Section 1-19-31 NMSA 1978 including disclosure of the original payee.  A candidate may not, for instance, report a single payment to a credit card in lieu of reporting each individual expenditure paid for out of personal funds.  Use of a credit card specifically designated for campaign expenses is permissible but expenditures must be itemized when reported.

                B.            Permissible Expenditures.

                                (1)           Use of campaign funds must be in accordance with Section 1-19-29.1 NMSA 1978.  Candidates and committees must provide a purpose or description detailed enough to associate the expense to the campaign.  For example, an expense of “taxi” is not appropriately descriptive to determine that it is related to a campaign.  Such an expense should be reported as “taxi for travel to campaign meeting.”

                                (2)           Expenditures that are reasonably attributable to the candidate’s campaign and not to personal use or personal living expenses are permissible campaign expenditures.  Personal use of campaign funds is any use of funds in a campaign account to fulfill a commitment, obligation or expense of any candidate or legislator that would exist regardless of the candidate's campaign or responsibilities as a legislator.  If the expense would exist even in the absence of the candidacy, or even if the legislator were not in office, then it is not considered to be a campaign-related expenditure.  The following is a non-exhaustive list of items considered to be per se personal use and are, therefore, not allowable expenditures:

                                                (a)           household food items or supplies;

                                                (b)           funeral, cremation, or burial expenses except those incurred for a candidate or an employee or volunteer of an authorized committee whose death arises out of, or in the course of, campaign activity;

                                                (c)           clothing, other than items of de minimis value that are used in the campaign, such as campaign t-shirts or camps with campaign slogans;

                                                (d)           tuition payments, other than those associated with training campaign staff;

                                                (e)           mortgage, rent or utility payments:

                                                                (1)           for any part of any personal residence of the candidate or a member of the candidate’s family; or

                                                                (2)           for real or personal property that is owned by the candidate or a member of the candidate’s family and is used for campaign purposes, to the extent the payments exceed the fair market value of the property usage.

                                                (f)            admission to a sporting event, concert, theater or other form of entertainment, unless part of a specific campaign or officeholder activity;

                                                (g)           dues, fees, or gratuities at a country clubs, health club, recreational facility or other nonpolitical organizations, unless they are part of the costs of a specific fundraising event that takes place on the organization’s premises;

                                                (h)           payments to candidate’s family unless the family member is providing a bona fide service to the campaign.  If a family member provides bona fide services to the campaign, any salary payment in excess of the fair market value of the services provided is personal use; and

                                                (i)            a vacation.

                                (3)           Legal expenses reasonably attributable to the candidate’s campaign are permissible campaign expenditures.

                                (4)           Candidates and political committees may use campaign funds to [pay fines and penalties imposed by the secretary of state] satisfy fines and other non-criminal penalties as a result of violating a provision of the Campaign Reporting Act.

                                (5)           Wear and tear on a vehicle is a permissible expense of the campaign and candidates shall claim mileage rather than actual repairs for travel solely related to the campaign.  Mileage shall be calculated at no more than the published rate pursuant to the Mileage and Per Diem Act.  Candidates must keep a log for the candidate’s own records regarding miles traveled for campaign purposes and calculate the per diem based on this log.  Mileage rates are meant to account for both wear and tear on a vehicle as well as costs for gas; therefore, candidates may not charge for both gas and mileage.

[1.10.13.25 NMAC - N, 10/10/2017; A, 3/22/2022]

 

1.10.13.26             CHARITABLE DONATIONS:

                A.            Donations to charity from campaign funds permitted under Paragraph 4 of Subsection A of Section 1-19-29.1 NMSA 1978 may be paid only to organizations recognized as tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1986.

                B.            The candidate or committee making a charitable donation is responsible for determining whether the charity has the permissible tax status prior to making the donation.

[1.10.13.26 NMAC - N, 10/10/2017]

 

1.10.13.27             [RESERVED]

[1.10.13.27 NMAC - N, 10/10/2017; A, 04/24/2018; Repealed, 10/29/2019]

 

1.10.13.28             COORDINATED EXPENDITURES:

                A.            A coordinated expenditure shall be treated as an in-kind contribution from the person who made the expenditure to the candidate or committee at whose request or suggestion, or in cooperation, consultation or concert with whom, the expenditure was made, and shall be subject to all the limits, prohibitions and reporting requirements that are applicable to such contributions under the Campaign Reporting Act.

                B.            Candidates for office may endorse other candidates.  Endorsements do not constitute a coordinated expenditure unless the endorser pays for an advertisement that constitutes a coordinated expenditure.

                C.            A candidate's or committee’s response to an inquiry or questionnaire about that candidate's positions on legislative or policy issues, which does not include discussion of campaign plans, projects, activities or needs, does not constitute a coordinated expenditure.

                D.            Persons may use publicly available information and materials in creating, producing, or distributing an advertisement, and such use does not, in and of itself, constitute coordination with the candidate or campaign.  However, expenditures funding the republication of materials produced by a candidate’s campaign shall be reported as coordinated expenditures subject to contribution limits.  The following is a non-exhaustive list of factors which will be considered in determining whether an expenditure shall be treated as a coordinated expenditure:

                                (1)           whether the person making the expenditure is also an agent of the candidate or committee receiving the contribution;

                                (2)           whether any person authorized to accept receipts or make expenditures for the person making the expenditure is also an agent of the candidate or committee receiving the contribution;

                                (3)           whether the person making the expenditure has been established, financed, maintained, or controlled by any of the same persons that have established, financed, maintained, or controlled a political committee authorized by the candidate;

                                (4)           whether the reporting individual shares or rents space for a campaign-related purpose with or from the person making the expenditure;

                                (5)           whether the reporting individual, or any public or private office held, or entity controlled by the reporting individual, including any governmental agency, division, or office, has retained the professional services of the person making the expenditure or a principal member or professional or managerial employee of the entity making the expenditure, during the same election cycle, either primary or general, in which the expenditure is made; or

                                (6)           whether the reporting individual and the person making the expenditure have each consulted or otherwise been in communication with the same third party or parties if the reporting individual knew or should have known that the reporting individual’s communication or relationship to the third party or parties would inform or result in expenditures to benefit the reporting individual.

[1.10.13.28 NMAC - N, 10/10/2017; A, 10/29/2019]

 

1.10.13.29             RECORDS RETENTION:

                A.            A reporting individual shall obtain and preserve all records, including bank statements and receipts, necessary to substantiate the campaign finance reports required pursuant to the Campaign Reporting Act for a period of two years from the date of the filing of the report containing such items.

                B.            A reporting individual shall make such records available to the secretary of state, state ethics commission, attorney general or district attorney upon written request.

[1.10.13.29 NMAC - N, 10/10/2017; A, 3/22/2022]

 

1.10.13.30             RANDOM REPORT SELECTION AND REPORT REVIEW PROCESS:

                A.            Pursuant to Section 1-19-32.1 NMSA 1978, a randomly selected list of current and past candidates and political committees is computer generated by the secretary of state.

                B.            The secretary of state conducts a review of the reports filed during the election year or reporting period being reviewed for compliance with 1.10.13 NMAC and the Campaign Reporting Act.  Areas of review during the report examination include:

                                (1)           Campaign committees or political committees who fail to register or fail to register timely.

                                (2)           Contributions, including loans and anonymous contributions, which exceed allowable contribution limits.

                                (3)           Expenditures that may not be permissible.

                                (4)           To the extent possible, cross checking with other reporting entities including those filing under the Lobbyist Regulation Act.

                                (5)           Other report errors such as incomplete reporting or failure to disclose the originating donor of a contribution.

                C.            Pursuant to Section 1-19-32.1 NMSA 1978, the secretary of state shall notify potential violators that a possible discrepancy has been found and allow the candidates or committees 10 working days from the date of the notice to submit a written explanation and come into voluntary compliance.

                D.            After the secretary of state deems efforts at voluntary compliance have been exhausted and upon completion of the random review, the secretary of state shall prepare a report that includes the committees included in the random examination, the outcome of voluntary compliance efforts, and any unresolved discrepancies. The report shall be maintained and forwarded pursuant to the requirements set forth in Subsection B of Section 1-19-32.1 NMSA 1978.

[1.10.13.30 NMAC - N, 10/10/2017; A, 3/22/2022]

 

1.10.13.31             Disclaimer Notices on Advertisements:

                A.            The disclaimers on campaign advertising mandated by Section 1-19-26.4 NMSA 1978 are required for:

                                (1)           advertisements that are disseminated by a candidate, a campaign committee, or a political committee, including a legislative caucus committee, registered pursuant to 1.10.13.8 NMAC or at the request or suggestion of, or in cooperation, consultation or concert with, a candidate, a candidate’s campaign committee or a political committee, including a legislative caucus committee registered pursuant to 1.10.13.8 NMAC; and,

                                (2)           advertisements that are disseminated by a person who has made independent expenditures in an aggregate amount exceeding one thousand dollars ($1,000) during the current election cycle, and that either:

                                                (a)           expressly advocate the election or defeat of a clearly identified candidate or the passage or defeat of a clearly identified ballot question, or

                                                (b)           refer to a clearly identified candidate or ballot question and are disseminated to the relevant electorate within 30 days before the primary election or 60 days before the general election at which the candidate or ballot question is on the ballot.

                B.            The requirements of Subsection A of this section do not apply to the following:

                                (1)           bumper stickers, pins, buttons, pens and similar small items upon which the disclaimer cannot be conveniently printed; or

                                (2)           skywriting, water towers, wearing apparel or other means of displaying an advertisement of such a nature that the inclusion of a disclaimer would be impractical.

                C.            The disclaimer statements required by Subsection A of this section shall be set forth legibly on any advertisement that is disseminated or displayed by visual media.  If the advertisement is transmitted by audio media, the statement shall be clearly spoken during the advertisement.  If the advertisement is transmitted by audiovisual media, the statement shall be both written legibly and spoken clearly during the advertisement.

                D.            The disclaimer statements required for advertisements described in Paragraph A of this section shall clearly state the name of the candidate, committee or other person who authorized and paid for the advertisement.

                E.            Any printed disclosure statement described in Subsection D of this section shall:

                                (1)           be of sufficient type size to be clearly readable by the recipient of the communication;

                                (2)           be contained in a printed box set apart from the other contents of the communication; and

                                (3)           be printed with a reasonable degree of color contrast between the background and the printed statement.

                F.            Any disclosure statement described in Subsection D of this section which is transmitted through radio shall include, in addition to the requirements of that paragraph, an audio statement that identifies the candidate by name and clearly states the name of the candidate, committee or other person who authorized and paid for the advertisement and if applicable, states that the candidate has approved the communication.

                G.            Any disclosure described in Subsection D of this section which is transmitted through television shall include, in addition to the requirements of that paragraph, a statement that identifies the candidate by name and if applicable, states that the candidate has approved the communication. Such statement shall be conveyed by:

                                (1)           an unobscured, full-screen view of the candidate making the statement, or

                                (2)           the candidate in voice-over, accompanied by a clearly identifiable photographic or similar image of the candidate; and

                                (3)           shall also appear in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds.

[1.10.13.31 NMAC - N, 10/10/2017; A, 10/29/2019]

 

1.10.13.32             LEGISLATIVE CAUCUS COMMITTEE:

                A.            Only one legislative caucus committee may exist for the majority and minority of each legislative chamber.

                B.            The speaker and the minority floor leader of the house of representatives and the majority floor leader and the minority floor leader of the senate shall be the designated leaders of the legislative caucus committees for the members of their political party in their legislative chamber unless:

                                (1)           two-thirds of the members of a political party in a legislative chamber vote to designate a different leader from among their members; and

                                (2)           the results of that vote are recorded with the secretary of state.

                C.            A legislative caucus committee must comply with all statutes and rules applicable to political committees, with the exception of in-kind contributions from a legislative caucus committee to a candidate nominated by that party in a general election cycle, which do not apply to limitation on contributions.

                D.            No funds belonging to a legislative caucus committee shall be expended by the committee unless a current designated leader of the committee is on file with the secretary of state using the campaign registration form prescribed by the secretary of state.

                E.            Funds belonging to a legislative caucus committee shall be managed by the designated leader or the leader’s designee as designated on the campaign registration form prescribed by the secretary of state.

                F.            A legislative caucus committee cannot be dissolved or cancel its registration as a political committee pursuant to Subsection G of Section 1-19-29 NMSA 1978.

[1.10.13.32 NMAC – N, 10/29/2019; A, 3/22/2022]

 

1.10.13.33             PROHIBITED PERIOD:  Candidates and officeholders impacted by the prohibited period pursuant to Section 1-19-34.1 NMSA 1978 are not required to cancel or pause automatic recurring contributions that were solicited and established prior to the start of the prohibited period.

[1.10.13.33 NMAC – N, 3/22/2022]

 

HISTORY OF 1.10.13 NMAC: [RESERVED]