2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-34.6 - Civil penalties.

A. If the secretary of state exhausts efforts in seeking voluntary compliance and reasonably believes that a person committed, or is about to commit, a violation of the Campaign Reporting Act, the secretary of state shall refer the matter to the state ethics commission for enforcement; provided, however, that if the secretary of state waives the imposition of a fine pursuant to Subsection D of Section 1-19-35 NMSA 1978, the matter shall not be referred.
B. With or without a referral from the secretary of state, the state ethics commission may institute a civil action in district court for any violation of the Campaign Reporting Act or to prevent a violation of that act that involves an unlawful solicitation or the making or acceptance of an unlawful contribution. An action for relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including a civil penalty of up to one thousand dollars ($1,000) for each violation not to exceed a total of twenty thousand dollars ($20,000), and forfeiture of any contribution received as a result of an unlawful solicitation or unlawful contribution. Each unlawful solicitation and each unlawful contribution made or accepted shall be deemed a separate violation of the Campaign Reporting Act.
C. With or without a referral from the secretary of state, the state ethics commission may institute a civil action in district court if a violation has occurred or to prevent a violation of any provision of the Campaign Reporting Act other than that specified in Subsection B of this section. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of up to one thousand dollars ($1,000) for each violation not to exceed a total of twenty thousand dollars ($20,000).
History:
: Laws 1995, ch. 153, § 19; 2019, ch. 262, § 11; 2021, ch. 109, § 4.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, required the secretary of state, after exhausting efforts in seeking voluntary compliance, to refer violations of the Campaign Reporting Act to the state ethics commission for enforcement, removed a provision allowing the secretary of state to refer violations to the attorney general or a district attorney for enforcement, provided an exception when the secretary of state waives the imposition of a fine, authorized the state ethics commission to institute a civil action in district court, with or without a referral from the secretary of state, for any violation of the Campaign Reporting Act or to prevent a violation of that act that involves an unlawful solicitation or the making or acceptance of an unlawful contribution, and removed this authority from the attorney general and district attorney; changed "attorney general or a district attorney" to "state ethics commission", throughout; and in Subsection A, after "If the secretary of state", added "exhausts efforts in seeking voluntary compliance and", and after "for enforcement", added "provided, however, that if the secretary of state waives the imposition of a fine pursuant to Subsection D of Section 1-19-35 NMSA 1978, the matter shall not be referred".
The 2019 amendment,
effective July 1, 2019, increased the penalty for violations of the Campaign Reporting Act to not more than one thousand dollars ($1,000) for each violation, not to exceed twenty thousand dollars ($20,000); in Subsection B, added "With or without a referral from the secretary of state", after "civil penalty of", deleted "two hundred fifty dollars ($250)" and added "up to one thousand dollars ($1,000)", after "not to exceed", deleted "five thousand dollars ($5,000)" and added "a total of twenty thousand dollars ($20,000)"; and in Subsection C, added "With or without a referral from the secretary of state", after "civil penalty of", deleted "fifty dollars ($50.00)" and added "up to one thousand dollars ($1,000)", and after "not to exceed", deleted "five thousand dollars ($5,000)" and added "a total of twenty thousand dollars ($20,000)".