Your web browser is not supported You're using Internet Explorer, some features might not work. Please switch to another browser like Chrome, Firefox, or Edge for a better experience.


An official website of the United States government Here's how you know
 **Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
            
            A **lock** ( A locked padlock ) or **https://** means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.


Federal Election Commission | United States of America Calendar
           Glossary
          Search
              Search


Menu
      Home
      Campaign finance data
        All data
            Raising
            Spending
            Loans and debts
            Filings and reports
            Candidates
            Committees
            Bulk data
            Campaign finance statistics
        Find elections. Search by state or ZIP code
          Look up contributions from specific individuals
      Help for candidates and committees
        All compliance resources
            Guides
            Forms
            Dates and deadlines
            Trainings
        Learn about electronic filing
          Find and contact your committee's analyst
      Legal resources
        All legal resources
            Advisory opinions
            Enforcement
            Statutes
            Legislation
            Regulations
            Court cases
            Policy and other guidance
        Search across all legal resources
          Search guidance documents
      About
        All about the FEC
            News and announcements
            Commission meetings
            Mission and history
            Leadership and structure
            Reports about the FEC
            Careers
            Working with the FEC
            Contact
        Introduction to campaign finance and elections


- Home
- ›
        Legal resources
- ›
        Court cases
- ›
      FEC v. Democratic Party of New Mexico (02-0372)

FEC v. Democratic Party of New Mexico (02-0372) 
 Summary
 Summary

  
  
    On April 29, 2005, the U.S. District Court for the District of New Mexico issued an Order and Judgment finding that the Democratic Party of New Mexico (DPNM) and Judy Baker, as its treasurer, violated the Federal Election Campaign Act (the Act) by:Using a nonfederal account that contained corporate and union funds to make disbursements for public communications in connection with the May 13, 1997, special general election in New Mexico, which was held solely to fill a vacant House of Representatives seat (2 U.S.C. §441b(a) and 11 CFR 102.5);Making contributions to, and coordinated expenditures on behalf of, the Friends of Eric Serna (the Serna Committee) in excess of the combined statutory limit (2 U.S.C. §§441a(a)(2)(A) and (a)(d)(3)); andFailing to report certain coordinated party expenditures made on behalf of the Serna Committee (2 U.S.C. §434(b)).The court also found that the Serna Committee knowingly accepted direct and in-kind contributions from DPNM in excess of the combined limit in connection with the May 13, 1997, special election. 2 U.S.C. §441a(f).The court permanently enjoined DPNM and Ms. Baker from using funds from a nonfederal account[1] to make disbursements for communications that urge the public to vote in special elections in which only federal candidates are on the ballot and from violating the limits and reporting requirements for coordinated expenditures. The Serna Committee is permanently enjoined from knowingly accepting any excessive contributions in connection with a special federal election. 2 U.S.C. §441a(f). DPNM and Ms. Baker (in her official capacity as treasurer) must pay a $60,000 civil penalty and must transfer $86,900 from the DPNM’s federal account to its nonfederal account.FOOTNOTES:[1] This portion of the Court's Order and Judgment does not apply to DPNM’s use of Levin funds. See 11 CFR 300.32(b)(2).Source:   FEC Record — June 2005; July 2002


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


About
          Careers
          Press
          Contact
   Privacy and security policy
          Plain language
          No FEAR Act
          Strategy, budget and performance
 Open government
          Protected Voices
          USA.gov
          Inspector General
          FOIA
 OpenFEC API
          GitHub repository
          Release notes
          FEC.gov status


Federal Election Commission
 The FEC's Twitter page
            The FEC's YouTube page Sign up for FECMail


Hide glossary Glossary Search terms