2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-34.1 - Legislative session fundraising prohibition.

A. It is unlawful during the prohibited period for a state legislator, the attorney general, the secretary of state, the state treasurer, the commissioner of public lands or the state auditor or a candidate for state legislator, attorney general, secretary of state, state treasurer, commissioner of public lands or state auditor, or any agent on behalf of the attorney general, the secretary of state, the state treasurer, the commissioner of public lands or the state auditor or a candidate for attorney general, the secretary of state, state treasurer, commissioner of public lands or state auditor, to knowingly solicit a contribution governed by the Campaign Reporting Act. For purposes of this subsection, "prohibited period" means that period beginning January 1 prior to any regular session of the legislature or, in the case of a special session, after the proclamation has been issued, and ending on adjournment of the regular or special session.
B. It is unlawful during the prohibited period for the governor or the lieutenant governor, or any agent on the governor's or the lieutenant governor's behalf, to knowingly solicit a contribution governed by the Campaign Reporting Act. For purposes of this subsection, "prohibited period" means that period beginning January 1 prior to any regular session of the legislature or, in the case of a special session, after the proclamation has been issued, and ending on the twentieth day following the adjournment of the regular or special session.
History:
1978 Comp., § 1-19-34.1, enacted by Laws 1993, ch. 46, § 12; 1995, ch. 153, § 12; 2019, ch. 86, § 18.
ANNOTATIONS
The 2019 amendment,
effective January 1, 2020, prohibited certain public officials, and candidates for these offices, from soliciting contributions governed by the Campaign Reporting Act during a prohibited period; in Subsection A, added "the attorney general, the secretary of state, the state treasurer, the commissioner of public lands or the state auditor", after "candidate for state legislator", added "attorney general, secretary of state, state treasurer, commissioner of public lands or state auditor", after "agent on behalf of", deleted "either" and added "the attorney general, the secretary of state, the state treasurer, the commissioner of public lands or the state auditor or a candidate for attorney general, the secretary of state, state treasurer, commission of public lands or state auditor", and after "knowingly solicit a contribution", deleted "for a political purpose" and added "governed by the Campaign Reporting Act"; and in Subsection B, after "prohibited period for the governor", added "or the lieutenant governor", after "agent on", deleted "his" and added "the governor's or the lieutenant governor's", and after "knowingly solicit a contribution", deleted "for a political purpose" and added "governed by the Campaign Reporting Act".
The 1995 amendment,
effective June 16, 1995, made a minor stylistic change in Subsection A and substituted "the governor" for "a person holding a state office" in the first sentence of Subsection B.
Application to contributions to candidates for federal office.
— The legislative session fundraising prohibition in the State Campaign Reporting Act, Section 1-19-34.1 NMSA 1978, does not apply to contributions to candidates for federal office based on the doctrine of federal preemption and because the State Campaign Reporting Act does not regulate contributions to candidates for federal office. 2007 Op. Att'y Gen. No. 07-01.
A member of the New Mexico state legislature does not violate the Campaign Reporting Act by soliciting campaign contributions for federal office during the "prohibited period".
— Members of the New Mexico legislature and certain other elected officials are prohibited from knowingly soliciting contributions governed by the Campaign Reporting Act between January 1 and the adjournment of any regular legislative session and between the proclamation and adjournment of any special session, but the Campaign Reporting Act only applies to candidates in primary, general or statewide special elections in New Mexico and excludes federal elections from the application of the act, and therefore a New Mexico state legislator who solicited campaign contributions for the federal office of United States Representative during a state legislative session did not violate the Campaign Reporting Act. 2021 Op. Ethics Comm'n No. 2021-05.