reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 16 - Ballot Questions › Section 1-16-9 - Ballot questions; single ballot; space on ballot.

A. Ballot questions submitted to the voters at any election shall be printed on one ballot only.
B. State ballot questions certified by the secretary of state shall be printed on the ballot as provided in the Election Code.
C. Local government ballot questions authorized by law shall be printed on the ballot of each county containing any precinct in which votes may be cast for or against the local government ballot question.
D. If, after printing any offices required to be elected and the state ballot questions certified by the secretary of state, there is insufficient space on a single-page ballot using both sides of the page to accommodate the various ballot questions submitted by local governments:
(1) priority for printing local government ballot questions shall be in the order the approved ballot questions were filed with the county clerk; provided that for multicounty jurisdictions, exclusion from one county's ballot excludes that local government ballot question from the ballot in all applicable counties;
(2) a local government ballot question that, based on the order received by the county clerk, would require the ballot to be on more than one page shall be included on the ballot only if the local government submitting the ballot question pays the additional costs of any subsequent ballot page; provided that if more than one local government submits ballot questions that would require the ballot to be on more than one page, those local governments shall share the additional costs of any subsequent ballot page;
(3) a single ballot that is printed on more than one page may permit voters to cast on the first page a vote for or against any local government ballot question printed on a subsequent ballot page; and
(4) regardless of the order in which local government ballot questions are filed with the county clerk, the ballot questions shall be printed on the ballot in the order provided in Section 1-10-8 NMSA 1978.
History:
1953 Comp., § 3-16-8, enacted by Laws 1969, ch. 240, § 381; 1977, ch. 222, § 98; 2003, ch. 356, § 33; 2007, ch. 337, § 18; 2019, ch. 212, § 139.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, provided procedures for printing ballot questions; in the section heading, deleted "State constitutional amendments" and added "Ballot questions", and added "space on ballot"; deleted "Proposed constitutional amendments or other"; and added Subsections B through D.
The 2007 amendment,
effective July 1, 2007, eliminated reference to emergency and provisional paper ballots and absentee ballots.
The 2003 amendment,
effective July 1, 2003, inserted "and provisional" in the section heading and inserted "or provisional" following "voters on emergency".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 16 - Ballot Questions › Section 1-16-10 - Repealed.

History:
1953 Comp., § 3-16-10, enacted by Laws 1969, ch. 240, § 383; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-16-10 NMSA 1978, as enacted by Laws 1969, ch. 240, § 383, relating to state constitutional amendments, sample ballots, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 16 - Ballot Questions › Section 1-16-11 - Repealed.

History:
1953 Comp., § 3-16-11, enacted by Laws 1969, ch. 240, § 384; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-16-11 NMSA 1978, as enacted by Laws 1969, ch. 240, § 384, relating to state constitutional amendments, expense, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 16 - Ballot Questions › Section 1-16-12 - Repealed.

History:
1953 Comp., § 3-16-12, enacted by Laws 1969, ch. 240, § 385; 1977, ch. 222, § 99; repealed by Laws 2009, ch. 150, § 37.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 150, § 37 repealed 1-16-12 NMSA 1978, as enacted by Laws 1969, ch. 240, § 385, relating to state constitutional amendments, general elections, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
Compiler's notes.
— Laws 2009, ch. 150, § 33, effective June 19, 2009, also amended 1-16-12 NMSA 1978, as follows: after "submitted to the voters, the", deleted "emergency paper ballots or absentee ballot on the", and after "printed on the", deleted "emergency paper ballots or absentee". The section was set out as repealed.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 16 - Ballot Questions › Section 1-16-13 - Repealed.

History:
1953 Comp., § 3-16-13, enacted by Laws 1975, ch. 287, § 1; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-16-13 NMSA 1978, as enacted by Laws 1975, ch. 287, § 1, relating to constitutional amendments, text provided, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 17 - Referendum Petitions › Section 1-17-1 - Referendum petitions; who may sign.

Any person who is a qualified elector of New Mexico and who disapproves any law not excepted by the constitution of New Mexico may sign a referendum petition in his own proper handwriting, and not otherwise, to order a referendum vote upon a law enacted at the last preceding session of the legislature.
History:
1953 Comp., § 3-17-1, enacted by Laws 1969, ch. 240, § 386.
ANNOTATIONS
Cross references.
— For definition of qualified voter,
see
1-1-4 NMSA 1978.
For constitutional provisions as to referendum,
see
N.M. Const., art. IV, § 1.
Sections on referendum petitions are applicable
only to referendums which are permitted by N.M. Const., art. IV, § 1. 1964 Op. Att'y Gen. No. 64-108 (opinion rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 42 Am. Jur. 2d Initiative and Referendum § 28.
Applicability of constitutional requirements as to legislation or constitutional amendments, to statutes or constitutional amendments under provision conferring initiative or referendum powers, 62 A.L.R. 1349.
Judicial decisions relating to adoption or repeal of amendments to federal constitution, 83 A.L.R. 1374, 87 A.L.R. 1321, 122 A.L.R. 717.
Inclusion in single initiative or referendum petition of proposed constitutional or statutory enactments covering different and distinct subjects, 90 A.L.R. 572.
Legislature's power to raise constitutional minimum required on special election, 91 A.L.R. 1021.
Nonregistration as affecting one's qualification as signer of petition for special election, 100 A.L.R. 1308.
Validity of special elections as affected by publication or dissemination of matter or information, extrinsic to the question as submitted, regarding nature or effect of the proposal, 122 A.L.R. 1142.
Constitutional or other special proposition submitted to voters, basis for computing majority essential to adoption of, 131 A.L.R. 1382.
Construction and application of constitutional or statutory provisions expressly excepting laws from referendum, 146 A.L.R. 284, 100 A.L.R.2d 314.
Taxpayer's capacity to maintain suit to enjoin submission of initiative, referendum or recall measure to voters, 6 A.L.R.2d 557.
Injunction against submission of proposition because of unconstitutionality, 19 A.L.R.2d 519.
82 C.J.S. Statutes § 123.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 17 - Referendum Petitions › Section 1-17-2 - Referendum petitions; form.

The petition and order for referendum shall be in the following form:
"PETITION FOR REFERENDUM
To the Honorable .............................................
(Name of secretary of state)
We, the undersigned, qualified electors of ............ county, New Mexico, who disapprove Laws 19 ...., Chapter ...., of New Mexico, approved ...... day of ......, 19 ..., entitled 'An Act ......,' respectfully request by this our petition that it be referred to the people of New Mexico, to the end that the same may be approved or rejected by vote of the qualified electors of the state at the next regular general election to be held on the ...... day of ......., 19 ..; and each of us for himself says: I am a qualified elector of ...... county, New Mexico, and my residence, post-office address and voting precinct are correctly written after my name.
NAME
RESIDENCE
POST-OFFICE
VOTING PRECINCT."
History:
1953 Comp., § 3-17-2, enacted by Laws 1969, ch. 240, § 387.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 42 Am. Jur. 2d Initiative and Referendum § 22.
82 C.J.S. Statutes § 122.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 17 - Referendum Petitions › Section 1-17-3 - Referendum petitions; solicitor of signatures; duty.

Every person who solicits signatures to any petition for referendum shall present a full and correct copy of the law on which the referendum is sought to the person whose signature is solicited.
History:
1953 Comp., § 3-17-3, enacted by Laws 1969, ch. 240, § 388.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 17 - Referendum Petitions › Section 1-17-4 - Referendum petitions; penalty.

It is a fourth degree felony for any person, on a petition for referendum, to:
A. sign any name other than his own, except to write thereon the name of a person who cannot write and who signs his name with his mark;
B. sign his name more than once on a petition on the same law;
C. sign his name when he is not a qualified elector in the county specified in the petition; or
D. knowingly misrepresent the purpose and effect of the petition or law thereby affected, for the purpose of causing anyone to sign the petition in reliance upon such misrepresentation.
History:
1953 Comp., § 3-17-4, enacted by Laws 1969, ch. 240, § 389.
ANNOTATIONS
Cross references.
— For offenses and penalties,
see
1-20-1 NMSA 1978 et seq.
For obtaining signatures to petition by unlawful means,
see
30-27-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 17 - Referendum Petitions › Section 1-17-5 - Referendum petitions; requirements as to contents.

A. Each page of a referendum petition upon which signatures of petitioners are to be solicited shall be an exact copy of all other pages of the referendum petition, except as to the county name and actual signatures.
B. Each page of any referendum petition to be filed shall have attached thereto the certificate of the person who circulated such petition.
C. No page of a referendum petition shall contain signatures of petitioners from more than one county. When a complete set of pages is delivered to the secretary of state as a completed petition, the sponsors shall also deliver a certified list of the registered voters of the county in which the particular pages were circulated and signed.
D. When a sufficient number of pages of a referendum petition are signed by the required number of qualified electors and are filed and duly certified by the secretary of state, they shall be treated and considered as one petition.
E. Each referendum petition shall be headed in boldface type, over the signature of the attorney general, with necessary instructions to the person who solicits signatures for the petition and to the signers of the petition, informing them of the privileges granted by the constitution and penalties imposed for violations of the law pertaining to referendum petitions.
History:
1953 Comp., § 3-17-5, enacted by Laws 1969, ch. 240, § 390.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 42 Am. Jur. 2d Initiative and Referendum §§ 22 to 46.
82 C.J.S. Statutes §§ 122 to 131.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 17 - Referendum Petitions › Section 1-17-6 - Referendum petitions; form of certificate.

The back of each page of every referendum petition containing the signatures shall bear the following certificate executed by the person who circulated that page of the referendum petition:
"STATE OF NEW MEXICO
COUNTY OF ............
I, ........., do hereby certify that the signatures appearing on the front hereof were signed in my presence; that to the best of my knowledge and belief each such signature is genuine; and that the person so signing is a qualified elector in the county named on this page.
...........................................................
(signature of person soliciting signatures for petition)
...........................................................
(post-office)".
History:
1953 Comp., § 3-17-6, enacted by Laws 1969, ch. 240, § 391.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 42 Am. Jur. 2d Initiative and Referendum § 30.
82 C.J.S. Statutes § 124.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 17 - Referendum Petitions › Section 1-17-7 - Referendum petitions; false certification; penalty.

Falsely certifying to the statements contained in the certificate required of persons soliciting signatures on a referendum petition is a fourth degree felony.
History:
1953 Comp., § 3-17-7, enacted by Laws 1969, ch. 240, § 392.
ANNOTATIONS
Cross references.
— For false swearing,
see
1-20-10 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 17 - Referendum Petitions › Section 1-17-8 - Referendum petitions; approval before circulation.

A. Before any referendum petition is circulated for signatures, the sponsors shall submit the original draft thereof to the secretary of state to determine whether or not it meets the requirements of law for referendum petitions. At the same time the original draft is submitted to the secretary of state, the sponsors shall also submit a suggested popular name for the law that is the object of the petition.
B. Within thirty days after submission of the original draft and suggested popular name, the secretary of state shall:
(1) approve and certify the original draft of the petition and approve and certify the suggested popular name or a more suitable and correct popular name; or
(2) disapprove the original draft and specify each deficiency not in compliance with the law.
History:
1953 Comp., § 3-17-8, enacted by Laws 1969, ch. 240, § 393; 2023, ch. 39, § 77.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, expanded the time for the secretary of state to approve an original draft of a referendum petition from ten to thirty days; and in Subsection B, after "Within", deleted "ten" and added "thirty".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Time within which officer must perform duty to pass upon sufficiency of initiative, referendum, or recall petition, 102 A.L.R. 51.
82 C.J.S. Statutes §§ 131 to 134.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 17 - Referendum Petitions › Section 1-17-9 - Referendum petitions; number; popular name.

The secretary of state shall fix and declare the number of the referendum petition and the popular name of the law to which it refers and by which it shall be designated on the ballot.
History:
1953 Comp., § 3-17-9, enacted by Laws 1969, ch. 240, § 394.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 42 Am. Jur. 2d Initiative and Referendum § 46.
Construction and application of constitutional or statutory requirement as to short title, ballot title, or explanation of nature of proposal and initiative, referendum, or recall petition, 106 A.L.R. 555.
82 C.J.S. Statutes §§ 134, 139.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 17 - Referendum Petitions › Section 1-17-10 - Referendum petitions; sufficiency or insufficiency.

The secretary of state shall ascertain and declare the sufficiency or insufficiency of each complete referendum petition within thirty days after it is filed in the secretary's office.
History:
1953 Comp., § 3-17-10, enacted by Laws 1969, ch. 240, § 395; 2023, ch. 39, § 78.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, expanded the time for the secretary of state to determine the sufficiency of a referendum petition from fifteen to thirty days; and after "within", deleted "fifteen" and added "thirty".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 42 Am. Jur. 2d Initiative and Referendum §§ 37 to 40.
82 C.J.S. Statutes §§ 133, 137.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 17 - Referendum Petitions › Section 1-17-11 - Referendum petitions; sufficiency of petition; burden of proof.

A. In considering the sufficiency of a referendum petition the burden of proving that all signatures appearing on the page are genuine and that the signers are qualified electors of the county named on the page and are in all respects entitled to sign the petition shall be upon the sponsors of the petition, if it is apparent beyond a reasonable doubt to the secretary of state that twenty percent or more of the signatures on any one page thereof are fictitious, forged or otherwise clouded, or that the challenged petitioners were ineligible to sign the petition, which fact was known or could have been ascertained by the exercise of reasonable diligence on the part of the person soliciting the signatures on that page.
B. If the sponsors of the referendum petition refuse or fail to assume and meet such burden, the secretary of state shall reject the entire page and shall not count as petitioners any of the names appearing thereon.
History:
1953 Comp., § 3-17-11, enacted by Laws 1969, ch. 240, § 396.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 17 - Referendum Petitions › Section 1-17-12 - Referendum petitions; determination of insufficiency; duty of secretary of state.

A. If the complete referendum petition filed with the secretary of state is found to be insufficient, the secretary of state shall forthwith notify the sponsors in writing, through their designated agent, and shall set forth his reasons for so finding.
B. After delivery of such notice of insufficiency, the sponsors shall have thirty days in which:
(1) to solicit and obtain additional signatures;
(2) to submit proof to show that a rejected signature is valid and should be counted; or
(3) to make the petition more definite and certain.
C. Any amendment and correction to the referendum petition shall not materially change the purpose and effect of the petition, and no change shall be made in petition except to correct apparent typographical errors and omissions.
D. If no action is taken as prescribed in Subsection B of this section within the time limit prescribed, the petition for purposes of referral to the people at the general election is void.
History:
1953 Comp., § 3-17-12, enacted by Laws 1969, ch. 240, § 397.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 42 Am. Jur. 2d Initiative and Referendum §§ 26, 37 to 40.
82 C.J.S. Statutes §§ 127, 133, 137.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 17 - Referendum Petitions › Section 1-17-13 - Referendum petitions; writ of mandamus.

A. If the secretary of state fails or refuses to examine and certify the sufficiency or insufficiency of any referendum petition within the time prescribed, any twenty-five qualified electors who feel aggrieved thereby may within fifteen days thereafter apply to the supreme court for a writ of mandamus.
B. If the court decides that such petition is legally sufficient, it shall order the secretary of state to file and certify the sufficiency thereof as of the date upon which it was first offered for filing. A certified copy of the court's finding and order shall be attached to such petition.
C. On a proper showing that the referendum petition is not legally sufficient, the court may enjoin the secretary of state from certifying its sufficiency.
History:
1953 Comp., § 3-17-13, enacted by Laws 1969, ch. 240, § 398.
ANNOTATIONS
Cross references.
— For writ of mandamus generally,
see
44-2-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 42 Am. Jur. 2d Initiative and Referendum §§ 49, 50.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 17 - Referendum Petitions › Section 1-17-14 - Referendum petitions; notice of election.

Before the general election at which any law subject to referendum petition is to be voted upon by the people, the secretary of state shall give notice by publication and posting in the manner required by law for the publication and posting of notice of election on proposed constitutional amendments. The notice shall contain the number of the petition, the ballot title, the certified popular name of the law to which the petition refers and a complete text of the law to which the petition refers.
History:
1953 Comp., § 3-17-14, enacted by Laws 1969, ch. 240, § 399.
ANNOTATIONS
Cross references.
— For definition of publication,
see
1-1-14 NMSA 1978.
For definition of posting,
see
1-1-15 NMSA 1978.
For publication of proposed constitutional amendments,
see
1-16-4 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 42 Am. Jur. 2d Initiative and Referendum § 44.
82 C.J.S. Statutes § 141.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 18 - Federal Constitutional Amendments › Section 1-18-1 - Federal constitutional amendments; ratification convention; proclamation.

Within ten days after receipt of official notification of an action of congress proposing to conventions in the several states an amendment to the constitution of the United States, the governor shall, by proclamation, call a convention for the purpose of ratifying or rejecting the proposed amendment.
History:
1953 Comp., § 3-18-1, enacted by Laws 1969, ch. 240, § 400.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 16 Am. Jur. 2d Constitutional Law §§ 20 to 25.
Judicial decisions relating to adoption or repeal of amendments to federal constitution, 5 A.L.R. 1417, 10 A.L.R. 1510.
Judicial decisions relating to adoption or repeal of amendments to federal constitution, 83 A.L.R. 1374, 87 A.L.R. 1321, 122 A.L.R. 717.
Propositions submitted to people as covering one or more than one proposed constitutional amendment, 94 A.L.R. 1510.
16 C.J.S. Constitutional Law § 5.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 18 - Federal Constitutional Amendments › Section 1-18-2 - Federal constitutional amendments; contents of proclamation.

The proclamation shall specify the time and place of holding the convention and shall set forth the proposed amendment to the constitution of the United States.
History:
1953 Comp., § 3-18-2, enacted by Laws 1969, ch. 240, § 401.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 18 - Federal Constitutional Amendments › Section 1-18-3 - Federal constitutional amendments; ratification convention; composition.

The ratification convention shall be composed of each member of the state legislature. The convention shall meet in the chamber of the house of representatives and, where applicable, the rules of the house of representatives shall govern the proceedings of the convention. The lieutenant governor shall be the president of the convention and shall be the presiding officer. He shall be assisted in his duties by the speaker of the house of representatives and the president pro tempore of the senate.
History:
1953 Comp., § 3-18-3, enacted by Laws 1969, ch. 240, § 402.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 18 - Federal Constitutional Amendments › Section 1-18-4 - Federal constitutional amendments; per diem and mileage of delegates.

Delegates to the ratification convention shall be paid per diem and mileage at the same rate as provided for members of the legislature; provided that such per diem shall not be paid for any period of time exceeding three calendar days.
History:
1953 Comp., § 3-18-4, enacted by Laws 1969, ch. 240, § 403; 1977, ch. 222, § 100.
ANNOTATIONS
Cross references.
— For per diem and mileage of members of the legislature,
see
N.M. Const., art. IV, § 10 and 2-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 18 - Federal Constitutional Amendments › Section 1-18-5 - Federal constitutional amendments; certification of proceedings.

The proceedings of the ratification convention shall be certified to in the manner and form prescribed by existing law in respect to state action on proposed amendments to the constitution of the United States.
History:
1953 Comp., § 3-18-5, enacted by Laws 1969, ch. 240, § 404.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-1 - Repealed.

History:
1953 Comp., § 3-19-1, enacted by Laws 1969, ch. 240, § 405; 1978 Comp., § 1-19-1, repealed by Laws 2021, ch. 109, § 22.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 109, § 22 repealed 1-19-1 NMSA 1978, as enacted by Laws 1969, ch. 240, § 405, relating to campaign practices, primary election, expenditure of party money, effective July 1, 2021. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-2 to 1-19-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 360, § 13, repealed 1-19-2 to 1-19-15 NMSA 1978, relating to campaign practices, expenditures, statement filings and political committees. For present provisions
see
1-19-25 to 1-19-37 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-16 - Repealed.

History:
1953 Comp., § 3-19-16.1, enacted by Laws 1973, ch. 401, § 1; repealed by Laws 2019, ch. 262, § 17.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 262, § 17 repealed 1-19-16 NMSA 1978, as enacted by Laws 1973, ch. 401, § 1, relating to campaign practices, printing or publishing campaign material without specifying sponsor, penalty, effective July 1, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-17 - Repealed.

History:
1953 Comp., § 3-19-16.2, enacted by Laws 1973, ch. 401, § 2; repealed by Laws 2019, ch. 262, § 17.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 262, § 17 repealed 1-19-17 NMSA 1978, as enacted by Laws 1973, ch. 401, § 2, relating to campaign practices, circulation of campaign material without specifying sponsor, penalty, effective July 1, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-18 to 1-19-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 360, § 13, repealed 1-19-18 to 1-19-24 NMSA 1978, relating to campaign practices, political committees, oaths and filing of statements. For present provisions
see
1-19-25 to 1-19-37 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-25 - Short title.

Sections 1-19-25 through 1-19-36 NMSA 1978 may be cited as the "Campaign Reporting Act".
History:
1978 Comp., § 1-19-25, enacted by Laws 1979, ch. 360, § 1.
ANNOTATIONS
Federal election law expressly preempts state election law with respect to election to federal office.
— The Federal Election Campaign Act, 52 U.S.C. §§ 30101 et seq., expressly provides that it, and the rules prescribed under it, supersede and preempt any provision of state law with respect to election to federal office, and would therefore preempt any interpretation or application of New Mexico's Campaign Reporting Act (act), 1-19-25 to 1-19-36 NMSA 1978, that would prevent a state candidate from donating campaign funds to a candidate for federal office. As a result, the New Mexico secretary of state does not have the authority under the act to restrict donations from a state candidate's campaign funds to federal candidates.
Campaign Reporting Act
(9/2/21), Att'y Gen. Adv. Ltr. 2021-11.
Law reviews.
— For note, "Campaign Reform in New Mexico and First Amendment Limits," see 6 N.M.L. Rev. 151 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 381 et seq.
Treating of voters by candidate for office as violation of corrupt practices or similar act, 2 A.L.R. 402.
Criminal responsibility of one cooperating in violation of election which he is incapable of committing personally, 5 A.L.R. 782, 74 A.L.R. 1110, 131 A.L.R. 1322.
Recital of, or reference to, the offense in pronouncing sentence or judgment for violation of election laws, 14 A.L.R. 998.
Constitutionality of Corrupt Practices Act, 69 A.L.R. 377.
Newspapers or other publicity sources, statute regarding statement by candidate as to his interest in, 103 A.L.R. 1424.
Salary or fees of office, statement by candidate regarding as violation of Corrupt Practices Act, 106 A.L.R. 493.
Application of provisions of Corrupt Practices Act regarding contributions by corporations, 125 A.L.R. 1029.
Labor organizations, constitutionality and construction of statute respecting political contributions or other political activities by, 167 A.L.R. 1461.
Political advertising, constitutionality, construction and application of statute respecting, 168 A.L.R. 855.
State regulation of the giving or making of political contributions or expenditures by private individuals, 94 A.L.R.3d 944.
29 C.J.S. Elections §§ 216, 329.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-26.2 - Rules and regulations.

The secretary of state may adopt and promulgate rules and regulations to implement the provisions of the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978]. In adopting and promulgating these rules and regulations, the secretary of state shall comply with the provisions of the Administrative Procedures Act [12-8-1 to 12-8-25 NMSA 1978]. In addition to any other notification required pursuant to the provisions of Paragraph (2) of Subsection A of Section 12-8-4 NMSA 1978, the secretary of state shall notify all qualified political parties in the state and the New Mexico legislative council prior to adopting, amending or repealing any rule or regulation.
History:
Laws 1997, ch. 112, § 1.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-26.3 - Campaign committee and political committee expenditures; disclosure; telephone calls; records.

A. A campaign committee or political committee that is required to register pursuant to the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978] shall not expend campaign or political committee funds to directly or indirectly pay for a telephone call without disclosing to the recipient the name of the organization that authorized or paid for the call if the call:
(1) is one of five hundred or more calls that are similar in nature made during an election cycle by an individual or individuals, or by electronic means; and
(2) advocates support for, or opposition to, a candidate for public office or ballot measure.
B. The campaign committee or political committee that pays for a call referred to in Subsection A of this section shall be disclosed in the call unless the organization that authorized the call and in whose name it is placed has filing obligations pursuant to the Campaign Reporting Act and the name announced in the call is either:
(1) the full name by which the organization or individual is identified in any statement or report required to be filed pursuant to the Campaign Reporting Act; or
(2) the name by which the organization or individual is commonly known.
C. A campaign committee or political committee that pays directly or indirectly for telephone calls as described in Subsection A of this section shall maintain a record of the script of the calls for at least ninety days following election day. If any of the calls qualifying pursuant to Subsection A of this section are recorded messages, a copy of the recording shall also be maintained for that period.
D. A campaign committee or political committee may not contract with a phone bank vendor that does not disclose the information required to be disclosed by Subsection A or B of this section.
History:
Laws 2002, ch. 89, § 1.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 89 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-26.4 - Disclaimers in advertisements.

A. A person who makes a campaign expenditure, a coordinated expenditure or an independent expenditure for an advertisement in an amount that exceeds one thousand dollars ($1,000), or in an amount that, when added to the aggregate amount of the campaign expenditures, coordinated expenditures and independent expenditures for advertisements made by the same person during the election cycle, exceeds one thousand dollars ($1,000), shall ensure that the advertisement contains the name of the candidate, committee or other person who authorized and paid for the advertisement.
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 impracticable.
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.
History:
Laws 2019, ch. 262, § 2.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 262, § 18 made Laws 2019, ch. 262, § 2 effective July 1, 2019.
A political committee may make a coordinated expenditure on an advertisement that advocates both the election of clearly identified candidates and the passage of a clearly identified ballot question.
— The Campaign Reporting Act, generally, does not purport to regulate the contents of a political committee's advertisements, and therefore, where a political committee intends to make a coordinated expenditure on an advertisement that advocates both the election of clearly identified candidates and the passage of a clearly identified ballot question, there is no violation of the Campaign Reporting Act. Whether an advertisement refers to a ballot question is immaterial to its classification as a coordinated or independent expenditure. For the coordinated expenditure, however, the political committee would be subject to contribution limits and disclosure requirements. 2022 Op. Ethics Comm'n No. 2022-08.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-26.5 - Political committees; acknowledgment of responsibilities; penalty.

A. Beginning on July 1, 2021, for all new political committees registering with the secretary of state, the treasurer for the political committee shall submit an electronically signed statement acknowledging the political committee's responsibilities on a form prescribed by the secretary of state within ten days of registering the political committee. The signed acknowledgment statement serves as notification of the responsibilities of the political committee to comply with the financial reporting prescribed in the Campaign Reporting Act and the potential personal liability of the treasurer for penalties assessed against the political committee.
B. The secretary of state shall notify the political committee of any individual who has failed to submit the acknowledgment statement. Failure to return the acknowledgment statement is a violation of this section for which a fine of one hundred dollars ($100) may be assessed against the political committee. This section also applies to individuals named in an updated or amended registration who have not previously submitted an acknowledgment statement for the political committee.
C. For all political committees already registered with the secretary of state prior to July 1, 2021, the secretary of state shall notify the principal officer and treasurer of record requiring the treasurer to submit an acknowledgment form required in Subsection A of this section. If the political committee does not respond to the request made by the secretary of state or disputes current responsibility for the political committee, the political committee shall not raise or spend any funds until the registration is amended and the acknowledgment form has been signed.
D. If there are already fines accrued against a political committee previously registered with the secretary of state, the treasurer of record shall sign the acknowledgment statement accepting personal liability from that date forward. Outstanding fines are still due unless the secretary of state is compelled to file a petition in court to have the fines dissolved.
History:
Laws 2021, ch. 109, § 18.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 109, § 23 made Laws 2021, ch. 109, § 18 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-26.6 - Political committees; notice of resignation or removal of treasurer.

A. An individual who resigns as the treasurer of a political committee shall submit a written resignation statement to the secretary of state. An individual's resignation is not effective until the secretary of state receives the written resignation statement from the individual and a replacement treasurer is appointed for the political committee. If an individual is involuntarily removed from the position of treasurer, the political committee shall notify the secretary of state by amending the electronic registration maintained by the secretary of state. An individual who resigns as the treasurer of a political committee remains personally liable for any penalties or fines accrued during the time that the individual served in the position.
B. The secretary of state shall prescribe the form and process for notifying the secretary of state of a resignation or replacement of a treasurer and shall maintain all records electronically to the extent practicable.
History:
Laws 2021, ch. 109, § 19.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 109, § 23 made Laws 2021, ch. 109, § 19 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-26.7 - Legislative caucus committee.

A. No later than thirty days after the effective date of this 2019 act, the speaker and minority floor leader of the house of representatives and the majority floor leader and the minority floor leader of the senate shall establish or designate the political committee that is the legislative caucus committee.
B. The speaker and 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 two-thirds of the members of a political party in a legislative chamber vote to designate a different leader for the legislative caucus committee from among their members. The results of that vote shall be recorded with the secretary of state.
C. Upon a change of the designated leader of the legislative caucus committee, no funds shall be expended by the legislative caucus committee until the secretary of state has been notified of the change in designated leader of the legislative caucus committee.
D. Funds belonging to a legislative caucus committee shall be managed by the designated leader or the leader's designee.
History:
Laws 2019, ch. 262, § 15; 1978 Comp., § 2-21-1, recompiled as 1-19-26.7 by Laws 2023, ch. 39, § 98.
ANNOTATIONS
Recompilations.
— Laws 2023, ch. 39, § 98 recompiled former 2-21-1 NMSA 1978 as 1-19-26.7 NMSA 1978, effective June 16, 2023.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-27.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 46, § 58 repealed former 1-19-27.1 and 1-19-27.2 NMSA 1978, as enacted by Laws 1981, ch. 331, §§ 3 and 4, relating to reports required and time of filing reports, effective July 1, 1993. For provisions of former sections,
see
the 1992 NMSA 1978 on
NMOneSource.com
. For reports required of special purpose political committees,
see
1-19-27 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-28 - Furnishing report forms; political committees; candidates.

A. The secretary of state annually shall furnish to all reporting individuals the prescribed forms for the reporting of expenditures and contributions, supplemental reports and a statement of no activity and the specific dates the reports and statement are due.
B. In addition to the provisions of Subsection A of this section, at the time of filing a declaration of candidacy or a nominating petition, the secretary of state shall give the candidate the prescribed reporting forms and the schedule of specific dates for filing the required reports or a statement of no activity. The prescribed forms shall also be made available to all reporting individuals at the office of the secretary of state and in each county at the office of the county clerk.
History:
1978 Comp., § 1-19-28, enacted by Laws 1979, ch. 360, § 4; 1981, ch. 331, § 5; 1985, ch. 2, § 11; 1993, ch. 46, § 4; 1993, ch. 55, § 13; 1993, ch. 314, § 59; 1995, ch. 153, § 4; 2009, ch. 67, § 3; 2019, ch. 262, § 6.
ANNOTATIONS
Temporary provisions.
— Laws 2019, ch. 262, § 16 provided that the secretary of state, in consultation with the attorney general, shall promulgate rules to implement the amendatory provisions of this act by August 1, 2019.
The 2019 amendment,
effective July 1, 2019, replaced "proper filing officer" with "secretary of state"; and in Subsection B, after "nominating petition, the", deleted "proper filing officer" and added "secretary of state".
Cross references.
— For time of filing statements of candidacy for convention designation or declarations of candidacy,
see
1-8-26 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, in Subsections A and B, changed "exception" to "no activity".
The 1995 amendment,
effective June 16, 1995, in Subsection A, substituted "all reporting individuals" for "registered political committees", inserted "supplemental reports and a statement of exception" and made stylistic changes; in Subsection B, in the first sentence, inserted "In addition to the provisions of Subsection A of this section" in the beginning and "or a statement of exception" near the end, added the last sentence, substituted "or a" for "by", and deleted "or pre-primary convention designation for nomination at a primary election or for an office not requiring a primary election" following "nominating petition".
The 1993 amendment,
effective June 18, 1993, rewrote the section to the extent that a detailed comparison would be impracticable.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-30 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 46, § 58 repealed former 1-19-30 NMSA 1978, as enacted by Laws 1978, ch. 360, § 6, relating to reporting period, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-32 - Inspection of public records.

A. Each of the following documents is a public record open to public inspection during regular office hours in the office in which the document was filed or from which the document was issued:
(1) a statement of no activity;
(2) a report of expenditures and contributions;
(3) an advisory opinion issued by the state ethics commission; except for the name of the person who requested the opinion;
(4) a document specified as a public record in the Campaign Reporting Act; and
(5) an arbitration decision issued by an arbitration panel and filed with the secretary of state or state ethics commission.
B. Each public record described in Subsection A of this section shall be retained by the state for five years and may be destroyed five years after the date of filing unless a legal action or prosecution is pending that requires the preservation of the public record.
C. The secretary of state shall provide for electronic access to reports of expenditures and contributions and statements of no activity submitted electronically by reporting individuals. Electronic access shall include access via the internet and shall be in an easily searchable format.
History:
1978 Comp., § 1-19-32, enacted by Laws 1979, ch. 360, § 8; 1993, ch. 46, § 8; 1995, ch. 153, § 8; 2003, ch. 66, § 4; 2019, ch. 86, § 17.
ANNOTATIONS
Cross references.
— For Public Records Act,
see
14-3-1 NMSA 1978 et seq.
The 2019 amendment,
effective January 1, 2020, added advisory opinions issued by the state ethics commission to the list of public records open to inspection, and provided an exception; in Subsection A, Paragraph A(1), after "statement of", deleted "exception" and added "no activity", in Paragraph A(3), after "issued by the", deleted "secretary of", and after "state", added "ethics commission; except for the name of the person who requested the opinion", and in Paragraph A(5), after "secretary of state", added "or state ethics commission"; and in Subsection C, after "contributions and statements of", deleted "exception", and added "no activity".
The 2003 amendment,
effective June 20, 2003, added Subsection C.
The 1995 amendment,
effective June 16, 1995, rewrote the section heading which read "Public inspection of reports" and rewrote the section to the extent that a detailed analysis is impracticable.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-33 - Repealed.

History:
1978 Comp., § 1-19-33, enacted by Laws 1979, ch. 360, § 9; 1993, ch. 46, § 10; 1995, ch. 153, § 10; repealed by Laws 2009, ch. 67, § 7.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 67, § 7 repealed 1-19-33 NMSA 1978, as enacted by Laws 1979, ch. 360, § 9, relating to the exclusion of certain candidates from reporting, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-34.2 - Regulated industry solicitations prohibited.

It is unlawful for an elected state official, public officer or employee who works for a regulatory office or a candidate who seeks election to a regulatory office or anyone authorized by a candidate to solicit funds on his behalf to knowingly solicit a contribution from an entity or its officers or employees or a person that is directly regulated by the office. For purposes of this section, an entity or person is directly regulated by an office when the entity's or person's charges for services offered to the public are set or directly subject to approval by the regulatory office or when a license to do business in the state is determined by the regulatory office.
History:
1978 Comp., § 1-19-34.2, enacted by Laws 1993, ch. 46, § 13; 1995, ch. 153, § 13.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, inserted "regulatory" preceding the last two references to "office" in the section and made a stylistic change.
Justices may not solicit funds from attorneys.
— This section precludes justices of and candidates for the New Mexico Supreme Court, either directly or through anyone they authorize, to solicit funds on their behalf, or to knowingly solicit campaign contributions from attorneys licensed in New Mexico. This section, however, is directed at the solicitation of funds, and does not prohibit Supreme Court justices or candidates from accepting voluntary, unsolicited contributions from attorneys. In addition, this section would not prevent lawyers or organizations of lawyers or other citizens from soliciting contributions for a justice or candidate for Supreme Court justice if they were not authorized by the justice or candidate to solicit contributions on his or her behalf. 1994 Op. Att'y Gen. No. 94-04.