Guide to Campaign Finance and Campaign Reporting

	2014
	New Mexico Secretary of State’s Office Guide to Campaign Finance and Campaign Reporting

This guide includes information pertaining to campaign finance requirements within New Mexico. When financing communications in connection with New Mexico elections, it is important to understand that the rules differ depending on the manner in which the communication is made. There are significant differences that apply depending on if the communication is made by a candidate or campaign committee; coordinated with a candidate or party committee; or is produced and distributed independently.

In general, amounts contributed to a candidate’s committee and political committees who are not making independent expenditures are limited by New Mexico law. Amounts spent for coordinated communications are also limited, while independent expenditures are unlimited.

The New Mexico Campaign Reporting Act (the Act) places monetary limits on contributions to support candidates for offices covered by the Act and prohibits contributions from certain sources. This brochure discusses contribution limits, describes the various prohibitions on contributions and explains how a committee should handle contributions that appear to be violate the Act..

The reader should not rely solely on this brochure but should also consult the Campaign Reporting Act, the New Mexico Election Code and case law from the New Mexico state and federal courts. Citations refer to the New Mexico Election Code.

If you have any questions pertaining to the information contained in this guide, please call the Bureau of Elections, Ethics Division at (505) 827-3617 or (505) 476-0354.

“Campaign Committee” means two or more persons authorized by a candidate to raise, collect or expend contributions on the candidate's behalf for the purpose of electing the candidate to office. A Campaign Committee is the candidate's own committee. (1-19-26(D))

A candidate is covered by the CRA if he or she is running in a statewide election or in a countywide election. Municipal candidates, most school board candidates and special district candidates do not have to register with the Secretary of State's office or file reports under the CRA.

1. 
   “Person” means an individual or entity (1-19-26(K) NMSA 1978)
   

2. 
   “Public official” means a person elected to an office in an election covered by the Campaign Reporting Act or a person appointed to an office that is subject to an election covered by that act. (1-19-26(P) NMSA 1978)
   

3. 
   “Reporting Individual”- means ever public official, candidate or treasurer of a campaign committee and every treasurer of a political committee. (1-19-26(Q) NMSA 1978)
   

There are penalties associated with failure to file reports, late filing or false filing by reporting individuals. (1-19-35 NMSA 1978)

4. 
   “Proper Filing Officer”-means the Secretary of State. (1-19-26(O) NMSA 1978)
   

A “candidate” is an individual who seeks or considers an office in an election covered by the Act including a public official, who has either:

1. 
   Filed a declaration of candidacy or nominating petition; or
   

2. 
   For a non-statewide office, has received contributions or expenditures of $1,000 for the purpose of seeking election to office or authorized another person or campaign committee to receive or make expenditures of $1,000 or more for the purpose of seeking election to the office; or
   

3. 
   For a statewide office, has received contributions or made expenditures of $2,500 or more or authorized another person or campaign committee to receive contributions or make expenditures of $2,500 or more for the purpose of seeking election to the office or for candidacy exploration purposes in the years prior to the year of election.
   

The Campaign Reporting Act applies to candidates for statewide office, legislative office, magistrate judges, district judges, all elected county offices, and school districts having an enrollment over 12,000, and a community college. It does not apply to smaller school districts, municipal offices or special district elections.

1. 
   have the candidate's name printed upon the ballot if the violation occurs before and through the final date for the withdrawal of candidates; or
   

2) be issued a certificate of nomination or election, if the violation occurs after the final date for withdrawal of candidates or after the election, until the candidate satisfies all reporting requirements of the Campaign Reporting Act and pays all penalties owed. (1-19-35(E) NMSA 1978)

A “campaign committee” means two or more persons authorized by a candidate to raise, collect or expend contributions on the candidate's behalf for the purpose of electing the candidate to office. (1-19-26(D) NMSA 1978)

All contributions and expenditures of a campaign committee will be considered to be contributions and expenditures of the candidate for all purposes under the Campaign Reporting Act.

What is the first step for a candidate and his or her campaign committee to register and begin reporting to the Office of Secretary of State?

Once a person reaches the monetary threshold for the office being sought, or files his or her declaration of candidacy and nominating petitions, if required, the person should complete a campaign committee registration form with the Office of Secretary of State to obtain a user ID and password on the Campaign Finance Information System. The form has been placed on our website in a fillable format and can be found at the following link:

Upon receipt of this form the Office of Secretary of State will provide the campaign committee with a User ID and password for the Campaign Finance Information System (CFIS), used to file electronic campaign reports. CFIS can be accessed at the following link:

Campaign Finance Information System (CFIS): https://www.cfis.state.nm.us/

What is a campaign committee treasurer’s responsibility?

The candidate’s treasurer is personally responsible for carrying out the duties described in the Act and should understand the responsibilities and potential liabilities associated with said duties. Under the Act, the treasurer is a reporting individual who can be named in a complaint or official action against the candidate by the SOS office. Additionally, a treasurer may be found personally liable if he or she knowingly and willfully violates the Act. (1-19-35; 1-19-36)

For purposes of civil actions against candidates or public officials, it shall be presumed that they have authorized and approved each solicitation for campaign contributions made by their respective campaign committees or persons authorized by the campaign to solicit campaign contributions. (1-19-34.5(A) NMSA 1978)

What if the committee has a vacancy in the position of treasurer?

In the event that there is a vacancy in the position of treasurer for a campaign committee, a candidate may act as his or her own treasurer, but in any event, must maintain a treasurer in order to raise or spend campaign funds. If a change has been made to a treasurer of a campaign committee the update may be made directly by entering the new information in the CFIS, or by submitting the change to the Ethics Division staff. (1-19-34(A)(1) NMSA 1978 )

The Act establishes a filing schedule for all reports and prescribes monetary penalties for failure to file timely, complete or accurate reports or statements of no activity and provides for civil and criminal enforcement.

In a non-election year (an odd numbered year), candidates and campaign committees with an open account must file two reports, one on the second Monday in April, and one on the second Monday in October.

In an election year (even numbered years), candidates who are up for election must file at least 8 reports - 4 during the primary election cycle and 4 during the general election cycle.

Candidates who are not up for election during an even year, but who have open campaign accounts, must file two reports, one on the second Monday in April and one on the second Monday in October.

2014 Primary Election Reports:

Report due date: Reports must be filed on or before the due dates listed below.	Reporting period: Report all transactions within the dates listed below or not previously reported.
2nd Monday in April : April 14, 2014	October 7, 2013 through April 7, 2014
2nd Monday in May: May 12, 2014	April 8, 2014 through May 5, 2014
Thursday before the Primary: May 29, 2014	May 6, 2014 through May 27, 2014
30th day after the Primary: July 3, 2014	May 28, 2014 through June 28, 2014

2014 General Election Reports:

Report due date: Reports must be filed by 5:00 p.m. on or before the due dates listed below.	Reporting period: Report all transactions within the dates listed below or not previously reported.
2nd Monday in September: September 8, 2014	June 29, 2014 through September 1, 2014
2nd Monday in October: October 13 , 2014	September 2, 2014 through October 6, 2014
Thursday before the General: October 30, 2014	October 7, 2014 through October 28, 2014
30th day after the General: December 4, 2014	October 29, 2014 through November 29, 2014

(1-19-29 NMSA 1978)

Supplemental Reports

If you receive certain contributions immediately before the Primary or General Election, you must file supplemental reports.

Any contribution or pledge to contribute that is received after 5:00 p.m. on Tuesday, May 28, 2014, that is for $500 or more in a legislative or non-statewide judicial election must be reported EITHER in a supplemental report within 24 hours of receipt or on the May 29, 2014, report.

Any such contribution or pledge to contribute (over $500) that is received after 5:00 p.m. on Friday, May 30, 2014, must be reported by 12:00 noon on Monday June 2 in a supplemental report. (1-19-29(B)(5) NMSA 1978)

For statewide candidates:

Any contribution or pledge to contribute that is received after 5:00 p.m. on Tuesday, May 28, 2014, that is for $2,500 or more, must be reported EITHER in a supplemental report filed within 24 hours of receipt or on the May 29th report.

Any such contribution or pledge to contribute (over $2500) that is received after 5:00 p.m. on Friday, May 30, 2014, must be reported by 12:00 noon on Monday June 2 in a supplemental report. (1-19-29(B)(5) NMSA 1978)

General Election Cycle Supplemental Reports

For legislative or non-statewide judicial candidates:

Any contribution or pledge to contribute that is received after 5:00 p.m. on Tuesday, October 28, 2014, and is for $500 or more in a legislative or non-statewide judicial election must be reported EITHER in a supplemental report within 24 hours of receipt or on the October 30th report.

Any such contribution or pledge to contribute (over $500) that is received after 5:00 p.m. on Friday, October 31, 2014, must be reported by 12:00 noon on Monday, November 3, 2014, in a supplemental report. (1-19-29(B)(5) NMSA 1978)

For statewide candidates:

Any contribution or pledge to contribute that is received after 5:00 p.m. on Tuesday, October 28, 2014, and is for $2,500 or more, must be reported EITHER in a supplemental report field within 24 hours of receipt or on the October 30, 2014, report.

Any such contribution or pledge to contribute (over $2500) that is received after 5:00 p.m. on Friday, October 31, 2014, must be reported by 12:00 noon on Monday, November 3, 2014, in a supplemental report. (1-19-29(B)(5) NMSA 1978)

What is required to be reported by candidates and campaign committees?

Each required report of expenditures and contributions shall be filed electronically utilizing the Campaign Finance Information System (CFIS) and shall include:

1. 
   The name and address of the person or entity to whom an expenditure was made or from whom a contribution was received, except as provided for anonymous contributions or contributions received from special events as provided in Section 1-19-34 NMSA 1978; provided that for contributors, the name of the entity or the first and last names of any individual shall be the full name of the entity or individual, and initials only shall not constitute a full name unless that is the complete legal name;
   

2. 
   the occupation or type of business of any person or entity making contributions of two
   

3. 
   the amount of the expenditure or contribution or value thereof;
   

4. 
   the purpose of the expenditure; and
   

5. 
   the date the expenditure was made or the contribution was received. For further guidance on the date for reporting, see page 17 below.
   

Each report shall contain an opening and closing cash balance for the bank account maintained

by the reporting individual during the reporting period and the name of the financial institution.
Each report shall specify the amount of each unpaid debt and the identity of the person to

whom the debt is owed. (1-19-31 NMSA 1978)

You may either amend the report for the period covering the omitted transaction, OR you may report it on the most current report as a previously unreported transaction.

1. 
   There are no outstanding campaign debts;
   
2. 
   all money has been expended in accordance with 1-19-29.1 NMSA 1978;
   
3. 
   the committee has dissolved; and
   
4. 
   the bank account has been closed.
   

(1-19-34.4 NMSA 1978)

A “contribution” is a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made or received for a political purpose, including payment of a debt incurred in an election campaign.

(1-19-26(F) NMSA 1978)

A “contribution” does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee. (1-19-26(F) NMSA 1978)