reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 12 - ABSENTEE VOTING › Section 1.10.12.10 - ABSENTEE PAPER BALLOTS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided in the Election Code, there
				  shall be one uniform paper ballot.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 12 - ABSENTEE VOTING › Section 1.10.12.11 - ALTERNATE VOTING LOCATIONS AND MOBILE ALTERNATE VOTING LOCATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Alternate voting
				locations are established by the county clerk for early voting and shall meet
				the standards set out in the Election Code, Sections
				1-6-5.6 to
				1-6-5.7 NMSA 1978.
(1) 90 days prior to the beginning of early
				voting, the county clerk shall notify the secretary of state of the dates,
				times of operations, and addresses of the established alternate voting
				locations or mobile alternate voting locations and shall publicize the
				information using media outlets directed to, and appropriate for, the voters of
				that area.
(2) Alternate voting
				locations and mobile alternate voting locations shall be staffed in accordance
				with the Election Code, Section
				1-2-12 NMSA 1978 and may not be
				staffed by the county clerk if the county clerk's name appears on the ballot or
				by the county clerk's deputy if the county clerk's deputy's name appears on the
				ballot.
(3) The county clerk shall
				prepare a list of authorized individuals who have access to each alternate
				voting location or mobile alternate voting location, to include authorized
				custodians of the voting tabulator or ballot box keys. Access to each alternate
				voting location or mobile alternate voting location for those authorized shall
				not be controlled by any third party. A copy of the list shall be provided to
				the office of the secretary of state and, in a primary, general or special
				election for U.S. representative, the chairs of each county's political
				parties.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 12 - ABSENTEE VOTING › Section 1.10.12.16 - MAILED BALLOT CURING PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within one day of receipt of a mailed
				ballot, the county clerk shall remove the privacy flap to verify that the voter
				signed the outer envelope and to confirm that the last four digits of the
				social security number provided by the voter matches the information on the
				voter's certificate of registration pursuant to Subsection B of Section
				1-6-10 NMSA 1978.
(1) If either voter's signature or the last
				four digits of the voter's social security number are not provided, the county
				clerk shall reject the mailed ballot and make a notation of "rejected" in the
				absentee ballot register and provide the applicable rejection reason, either
				"no signature" or "incomplete," and shall transfer the ballot the special
				deputy for mailed ballots for delivery to the absent voter election board in
				accordance with Subsection F of Section
				1-6-10 NMSA 1978.
(2) If the last four digits of the social
				security number do not match the electronic voter registration certificate, the
				following procedures shall be followed:
(a)
				The county clerk shall review the original voter registration application to
				ensure the mismatch is not the result of a typographical error in the voter
				database. If the error is in the electronic voter registration record, the
				voter record shall be corrected, and the ballot will not require a curing
				process.
(b) If the issue is deemed
				not to be a typographical error in the electronic voter registration record,
				the county clerk shall query the driver history record system through the New
				Mexico department of taxation and revenue using the name and date of birth of
				the voter. If the query returns the same social security number as provided by
				the voter under the privacy flap, the ballot shall be accepted.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 12 - ABSENTEE VOTING › Section 1.10.12.17 - PAPER BALLOT TRANSFER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Paper ballots cast in a voting tabulator for early voting shall remain in the
				custody of the election board assigned to the alternate voting location or
				mobile alternate voting location in either the ballot holding bin of the voting
				tabulator, or if deemed necessary, in a locked ballot box with two padlocks or
				numbered seals, designated for the specific tabulator.
B. Paper ballots removed from the ballot
				holding bin of the voting tabulator on a daily basis shall only be removed
				after voting hours by the presiding judge and two election judges, one of a
				differing political party than the presiding judge. The ballots shall be placed
				into a locked ballot box, with two padlocks or numbered seals designated for
				the specific tabulator.
(1) Those ballots
				diverted to the write-in holding bin and those ballots placed in the hand tally
				bin shall also be removed daily. Tabulated, write-in and hand tally ballots
				shall be kept separate from each other, but shall be retained by date and
				specific to the tabulator.
(2) The
				presiding judge and two election judges, one of a differing party than the
				presiding judge must execute a certificate containing the date and voting
				tabulator serial number for each ballot type, after the transfer of ballots on
				a daily basis.
(3) The locked
				ballot box shall be placed in a locked room at the county clerk's office,
				alternate voting location or mobile alternate voting location. If a location
				does not have a locked room, the county clerk shall either provide a cabinet
				with a locking device to be placed at the location for the presiding judge to
				place the ballot box, or the county clerk shall take possession of the locked
				ballot box and store it at the county clerk's office until it is transferred to
				the absent voter election board. The presiding judge or county clerk shall have
				sole possession of the key to the locked room.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 12 - ABSENTEE VOTING › Section 1.10.12.18 - SECURITY FOR UNVOTED PRE-PRINTED BALLOTS AT ALTERNATE VOTING LOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. No sooner than one
				day, nor later than one hour before the first day of voting at the alternate
				voting location or mobile alternate voting location, the county clerk shall
				provide the presiding judge pre-printed paper ballots, in a locked box with two
				padlocks or numbered seals.
(1) The county
				clerk shall open the ballot box, and together with the presiding judge, shall
				complete an affidavit verifying the number of ballots by style or precinct to
				be issued. The affidavit shall be signed by the county clerk and the presiding
				judge and shall be retained on file with the county clerk.
(2) The county clerk shall instruct the
				presiding judge to distribute one key for each padlock on the ballot box to two
				election judges, one of differing party than the presiding judge. One key shall
				be for one padlock and the other key for the other padlock. The keys shall
				remain in the assigned election judge's custody until the early voting period
				ends and must be returned to the county clerk, as instructed.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons, candidates and committees
				  covered by the Campaign Reporting Act, Sections
				  1-19-25 through
				  1-19-37 NMSA
				  1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Section
				  1-2-1
				  NMSA 1978 and Section
				  1-19-26.2
				  of the Campaign Reporting Act, Sections
				  1-19-25 through
				  1-19-37 NMSA
				  1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide clear guidance
				  regarding the application and implementation of the provisions of the Campaign
				  Reporting Act, Sections
				  1-19-25 through
				  1-19-36 NMSA
				  1978 to affected parties while also providing for clear and specific guidance
				  to the secretary of state in administering and enforcing the
				  law.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Agent"
means a person with express or implied authorization to engage in campaign
				related activities on behalf of a candidate or committee.
B.
"Aggregate contributions"
means the sum total of all contributions given to a candidate, campaign
				committee, or political committee by the same donor in a primary or general
				election cycle. Aggregate contributions may not exceed contribution
				limits.
C.
"Clearly
				identified"
means:
(1) the name of the
				candidate or ballot question appears;
(2) a photograph or drawing of the candidate
				appears; or
(3) the identity of the
				candidate or ballot question is otherwise apparent by unambiguous
				reference
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.9 - WITHDRAWING FROM CANDIDACY

Current through Register Vol. 35, No. 13, July 16, 2024
If a candidate files a statement of withdrawal, the candidate
				  must file a final report in CFIS no later than the next report deadline or
				  continue to file CFIS reports pursuant the schedule defined by Section
				  1-19-29
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.10 - POLITICAL COMMITTEE REGISTRATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Registration.
(1) Prior to receiving or making any
				contribution or expenditure for a political purpose. All political committees
				shall complete a political committee registration form/statement of
				organization online via the registration process in CFIS and submit the
				completed form, along with a fifty dollar ($50) filing fee, to the secretary of
				state. The form shall include:
(a) the full
				name of the political committee, which shall fairly and accurately reflect the
				identity of the committee, including any sponsoring organization;
(b) the physical address of the political
				committee, a mailing address if different from the physical address, and an
				email address;
(c) a statement of
				the purpose for which the political committee was organized; under this
				section, the committee shall designate the type of expenditures it will be
				making; the committee will have the option of registering as:
(i) an independent expenditure political
				committee;
(ii) a contribution or
				coordination political committee; or
(iii) a mixed purpose political
				committee;
(d) the names
				and addresses of the officers of the committee;
(e) an identification of the bank(s) used by
				the committee for all expenditures or contributions made or received; this
				shall include the name of the bank(s), business address(es) of the branch
				office(s) where the account(s) was/were opened, and telephone number for the
				bank(s); and
(f) the treasurer's
				name, mailing address, email address, and contact information.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.11 - REPORTING OF INDEPENDENT EXPENDITURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person reporting an independent
				expenditure that is not otherwise required to register as a political committee
				or report under the Campaign Reporting Act shall complete the online
				registration process in CFIS for setting up an account as an independent
				expenditure filer.
B. Time
				requirements:
(1) An independent expenditure
				is considered to be made on the first date on which the communication or
				advertisement is published, broadcast or otherwise publicly
				disseminated.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.12 - GENERAL REPORTING RULES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Candidate campaign committees.
(1) All campaign committees shall file
				reports according to the schedule set forth in Section
				1-19-29
				NMSA 1978. Reports shall be accepted until midnight mountain time on the date
				of filing without penalty. In the event that a filing deadline falls on a state
				holiday, the report shall be made on the following day. Beginning after 12:01
				a.m. mountain time on the day after the due date of the report, penalties for
				late filing shall begin to accrue.
(2) Campaign committees shall report all
				contributions, in-kind contributions known to the campaign committee, loans,
				expenditures, loan repayments, and debt forgiven by the lender.
(3) Coordinated expenditures made on behalf
				of the candidate or campaign committee shall be reported by the campaign
				committee as in-kind contributions received from the coordinating political
				committee and are subject to contribution limits. Any committee reporting an
				expenditure that is in-kind to another committee registered pursuant to the
				Campaign Reporting Act is required to disclose the name of the committee
				benefiting from the in-kind contribution.
(4) Candidates must file all required reports
				while they are an active candidate and continue to file timely reports until
				such time as they meet the requirements to file a final report. For example, a
				primary election candidate that loses the primary election must file all
				reports included in the primary election cycle and continue to file reports
				until the candidate files a final report. Losing an election does not terminate
				a candidate's requirement to file under the Campaign Reporting Act.
(5) A candidate's personal funds spent in
				support of a candidate's own campaign are considered a contribution and shall
				be disclosed by filing the required reports in CFIS; however, these funds are
				not subject to contribution limits.
(6) Upon request by the secretary of state,
				the campaign committee shall provide a copy of bank statements, for all
				accounts, for any reporting period.
(7) Candidates benefiting from independent
				expenditures or in-kind contributions the candidate has no knowledge of have no
				obligation to report the item as a contribution to the candidate's campaign
				committee.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.13 - NO ACTIVITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				candidates are required to register and file reports in CFIS according to the
				reporting schedule outlined in the Campaign Reporting Act once a declaration of
				candidacy has been filed, even if the candidate does not raise or spend any
				funds. Candidates who have collected no contributions and made no expenditures
				shall file a statement of no activity.
B. Candidates who do not raise funds are not
				required to open a campaign bank account.
C. Receiving funds as a publicly financed
				candidate pursuant to the Voter Action Act is considered raising funds for the
				purpose of this rule.
D. Candidates
				who maintain a zero balance in CFIS for the duration of a primary or general
				election cycle shall be administratively closed by the secretary of
				state.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.14 - SUPPLEMENTAL REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Certain
				candidates must report in CFIS contributions and pledges to contribute that are
				received beginning the Thursday before an election through the election in CFIS
				using supplemental reports in accordance with Paragraph (5) of Subsection B of
				Section
				1-19-29
				NMSA 1978.
B. If a candidate
				receives a pledge during the time period specified in Paragraph (5) of
				Subsection B of Section
				1-19-29
				NMSA 1978 but does not receive the contribution as pledged, the candidate may
				later amend the campaign committee's supplemental report.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.15 - LATE FILING OF REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a
				reporting individual or person required to file a report pursuant to Section
				1-19-27.3
				NMSA 1978 fails to timely file a report in CFIS, or fails to file a report, a
				written notice will be sent by the secretary of state to the reporting
				individual or person required to file a report explaining the violation and the
				fine imposed.
B. The reporting
				individual or person required to file a report is afforded 10 working days from
				the date of the written notice to file, if needed, and provide a written
				explanation within CFIS indicating why the violation occurred.
C. If a timely explanation is provided and
				the report is filed within the timeframe provided by the notice, the secretary
				of state will make a determination whether good cause exists to fully or
				partially waive the fine.
D. If the
				reporting individual or person required to file the report fails to provide a
				written response or fails to file a report within the timeframe provided by the
				notice, the secretary of state shall issue a notice of final action requiring
				the reporting individual or person required to file the report to file the late
				report, provide a written explanation of why the violation occurred, and pay
				the fine owed.
E. Fines for late
				filing will accrue beginning the day after the filing deadline until the report
				is filed at the statutory rate of fifty dollars ($50) per day up to a maximum
				fine pursuant to Subsection H of Section
				1-19-35
				NMSA 1978 per report. Candidates required to file supplemental reports are
				subject to additional fines pursuant to Subsection C of Section
				1-19-35
				NMSA 1978.
F. If a reporting
				individual or person required to file a report desires to come into voluntary
				compliance after a notice of final action has been issued but prior to a
				referral pursuant to Section
				1-19-34.6 NMSA
				1978, the secretary of state may, at the secretary of state's sole discretion,
				file a petition with the court requesting the court to waive fines for good
				cause.
G. Failure to respond to the
				notice of final action shall result in a referral to the state ethics
				commission.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.16 - LOANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All loans made to a
				candidate or committee, including loans sourced from a candidate's own personal
				funds must be reported.
B.
				Contribution limits apply to loans, unless the loan is sourced from the
				candidate's own personal funds in accordance with Subsection H of Section
				1-19-34.7
				NMSA 1978.
C. If a spouse of a
				candidate co-signs a commercial loan to a candidate pledging community assets
				as collateral, it is not considered a contribution from the spouse to the
				candidate as long as the candidate's interest in the community asset meets or
				exceed the amount of the loan.
D.
				Loan repayments and forgiven loans must be reported separately from other
				expenditures within the loan module of CFIS.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.17 - CAMPAIGN DEBTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Campaign
				debts may not exceed available campaign funds unless the debt is a loan. Loans
				from a third party must conform to contribution limits.
B. Following the date of the primary or
				general election, if a candidate has outstanding debts after expending all
				available campaign funds, the candidate may collect contributions for the sole
				purpose of paying those debts.
C.
				The contributions will apply to the primary or general election cycle for which
				the campaign debt was incurred for purposes of computing allowable contribution
				limits.
D. A candidate who does not
				have net outstanding campaign debt may not collect contributions for a primary
				or general election cycle that has ended.
E. A candidate may not transfer funds
				collected specifically to satisfy campaign debt to a subsequent primary or
				general election cycle. Accordingly, contributions collected for the purpose of
				paying off outstanding campaign debts may not exceed the amount of the
				outstanding debts.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.18 - IN-KIND CONTRIBUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				In-kind contributions must be reported with the actual value of the
				contribution. If an actual value is not available, an estimated value of the
				contribution may be used.
B.
				Coordinated expenditures are treated as in-kind contributions and must be
				reported as such.
C. If a committee
				or person makes an in-kind contribution that benefits multiple candidates, each
				candidate must report the estimated benefit received per person.
D. Goods, such as facilities, equipment, or
				supplies, are valued at the price the item or facility would have cost, given
				its age and condition, at the time the contribution was made.
E. If goods or services are provided at less
				than the usual and normal charge, the amount of the in-kind contribution is the
				difference between the usual and normal charge for the goods or services at the
				time of the contribution and the amount charged to the candidate or
				committee.
F. The value of in-kind
				contributions from a political party or legislative caucus committee to a
				candidate nominated by that party in a general election cycle do not apply to
				the limitations on contributions to candidates or campaign
				committees.
G. If a committee makes
				an expenditure that is reported as coordinated or in-kind to another campaign
				or political committee, the committee making the expenditure must disclose the
				candidate or political committee that is benefitting from the
				expenditure.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.19 - VOLUNTEERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Volunteer work
				performed for a candidate or committee is not considered a contribution. An
				individual may volunteer his or her own personal services to a campaign or
				candidate if the services are not compensated by the candidate, campaign or any
				other person. If a third party pays a person to volunteer for a candidate or
				committee, the payment constitutes an in-kind contribution to the campaign
				committee which must be reported by the campaign committee.
B. Individuals may use their own homes,
				recreation or meeting rooms of complexes, or other facilities to conduct
				volunteer activities for a campaign committee without reporting the rental
				value of the premises as a contribution.
C. Candidates and campaigns may reimburse
				volunteers for out of pocket expenses other than the value of their time. Any
				expense reimbursed by the candidate or committee must be reported by the
				candidate or committee.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.20 - CONTRIBUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The entire amount
				paid by a donor to attend a political fundraiser or other political event or to
				purchase a fundraising item sold by a candidate is a contribution and counts
				against the donor's limit for political contributions, except for special
				events pursuant to Subsection C of Section
				1-19-34
				NMSA 1978.
B. Contributions
				received as a result of special events shall be reported cumulatively on the
				special events form in CFIS. Reporting individuals shall report the sponsor of
				the event, the amount received (gross proceeds), the expenditures incurred, the
				estimated number of persons in attendance, and the net amount received after
				deducting the expenditures incurred in conducting the event (net
				proceeds).
C. For all other
				fundraising events at which the price of admission exceeds twenty five dollars
				($25), or which raise more than one thousand dollars ($1,000) in net proceeds,
				the reporting individual must report each individual contribution pursuant to
				Section
				1-19-31 NMSA
				1978.
D. No single anonymous
				contribution may be accepted in excess of one hundred dollars ($100). No more
				than five hundred dollars ($500) may be accepted in aggregate anonymous
				contributions for any non-statewide candidate in a primary or general election
				cycle. No more than two thousand dollars ($2000) may be accepted in aggregate
				anonymous contributions for any statewide campaign committee or political
				committee in a primary or general election cycle.
E. A candidate's spouse and family are
				subject to the same contribution limits to the candidate's campaign as other
				contributors, provided, however, that a candidate may contribute from a joint
				account with a spouse or family member without limit if the funds would
				otherwise be available to the candidate in the regular course of business, or
				as community property or as a joint tenant.
F. The personal funds of a candidate include:
(1) assets which the candidate has the legal
				right of access to or control over, and which he or she has legal title to or
				an equitable interest in, at the time of candidacy;
(2) income from employment, including
				self-employment;
(3) dividends and
				interest from, and proceeds from, sale or liquidation of stocks, real estate or
				other investments;
(4) income from
				trusts, if established before the commencement of a primary or general election
				cycle;
(5) bequests to the
				candidate, if established before the commencement of a primary or general
				election cycle;
(6) personal gifts
				that have been customarily received by the candidate prior to the commencement
				of a primary or general election cycle; and
(7) proceeds from lotteries or games of
				chance.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.22 - EXCESSIVE OR PROHIBITED CONTRIBUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Excessive or prohibited contributions
				shall be returned to the donor upon receipt, without penalty to the reporting
				individual. However, if the secretary of state discovers a discrepancy or
				otherwise makes a finding that an excessive or illegal contribution has been
				received by a candidate or committee, the candidate or committee shall forfeit
				the excessive or illegal contribution in accordance with Subsection G of
				Section
				1-19-34.7
				NMSA 1978. A candidate or political committee shall disclose refunds of
				contributions or expenditures to the public election fund in CFIS in the
				reporting period in which the refund was made.
B. Excess anonymous funds pursuant to
				Subsections B and C of Section
				1-19-34
				NMSA 1978 shall be donated pursuant to the requirements of Subsection D of
				Section
				1-19-34
				NMSA 1978. The candidate or political committee shall disclose the details of
				the disbursement of excess anonymous funds in CFIS in the reporting period in
				which the disbursement was made.
C. The reporting individual must check
				committee records regularly to reasonably ensure that aggregate contributions
				from one contributor do not exceed the contribution limits of the Campaign
				Reporting Act.
D. When an excessive
				contribution is made via written instrument with more than one individual's
				name on it, but only has one signature, the permissible portion may be
				attributed to the signer and the excessive portion may be attributed to the
				other individual whose name is printed on the written instrument, without
				obtaining a second signature. This may be done so long as the reattribution
				does not cause the other contributor to exceed any contribution
				limit.
E. An excessive contribution
				which is not designated for either the primary or general election cycle, and
				which is made after the primary, but before the general election, may be
				applied to the outstanding debts from the primary election cycle if the
				campaign committee has more net debts outstanding from the primary election
				cycle than the excessive portion of the contribution. The re-designation must
				not cause the contributor to exceed any contribution limits.
F. Contributions and donations may not be
				solicited, accepted, received from, or made directly or indirectly by, foreign
				nationals who do not have permanent residence in the United States.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.23 - DATE CONTRIBUTION IS MADE VS DATE OF RECEIPT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A contribution is "made" by the
				contributor when the contributor relinquishes control over it. If the
				contributor hand delivers a contribution, the contribution is made on the
				delivery date. If mailed, a contribution is made on the date of the postmark.
				An in-kind contribution is made on the date that the goods or services are
				provided by the contributor. A contribution made via the internet is considered
				made on the date the contributor electronically confirms the
				transaction.
B. The date of receipt
				is the date the candidate, committee or person acting on the committee's
				behalf, actually receives the contribution. This is the date that shall be used
				to report the contribution. The date of deposit is not used for reporting or
				contribution limit purposes.
C.
				When a contribution is received through debit or credit card charges, the date
				of receipt is the date on which the contributor's signed or electronic
				authorization to charge the contribution is received by the candidate,
				committee or a person acting on the committee's behalf.
D. The date of receipt of in-kind
				contributions is the date the goods or services are provided to the
				recipient.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.24 - EARMARKING

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is unlawful for a
				person to make a contribution in the name of another person and no reporting
				entity shall knowingly accept a contribution from one person in the name of
				another person.
B. A reporting
				individual shall not knowingly accept a contribution which was earmarked by an
				original donor for contribution from a subsequent donor to the candidate or
				committee unless the original donor is disclosed in the committee's
				reporting.
C. All contributions
				made by a person, either directly or indirectly, including contributions that
				are in any way earmarked or otherwise directed through another person, shall be
				treated as contributions from the person who originally made the
				contribution.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.26 - CHARITABLE DONATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Donations to charity from campaign funds permitted under Paragraph (4) of
				Subsection A of Section
				1-19-29.1
				NMSA 1978 may be paid only to organizations recognized as tax exempt under
				Section 501(c)(3) of the Internal Revenue Code of 1986.
B. The candidate or committee making a
				charitable donation is responsible for determining whether the charity has the
				permissible tax status prior to making the donation.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.29 - RECORDS RETENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				reporting individual shall obtain and preserve all records, including bank
				statements and receipts, necessary to substantiate the campaign finance reports
				required pursuant to the Campaign Reporting Act for a period of two years from
				the date of the filing of the report containing such items.
B. A reporting individual shall make such
				records available to the secretary of state, state ethics commission, attorney
				general or district attorney upon written request.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.30 - RANDOM REPORT SELECTION AND REPORT REVIEW PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to Section
				1-19-32.1
				NMSA 1978, a randomly selected list of current and past candidates and
				political committees is computer generated by the secretary of state.
B. The secretary of state conducts a review
				of the reports filed during the election year or reporting period being
				reviewed for compliance with 1.10.13 NMAC and the Campaign Reporting Act. Areas
				of review during the report examination include:
(1) Campaign committees or political
				committees who fail to register or fail to register timely.
(2) Contributions, including loans and
				anonymous contributions, which exceed allowable contribution limits.
(3) Expenditures that may not be
				permissible.
(4) To the extent
				possible, cross checking with other reporting entities including those filing
				under the Lobbyist Regulation Act.
(5) Other report errors such as incomplete
				reporting or failure to disclose the originating donor of a
				contribution.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.31 - DISCLAIMER NOTICES ON ADVERTISEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The disclaimers on campaign advertising
				mandated by Section
				1-19-26.4
				NMSA 1978 are required for:
(1) advertisements
				that are disseminated by a candidate, a campaign committee or a political
				committee, including a legislative caucus committee, registered pursuant to
				1.10.13.8
				NMAC or at the request or suggestion of, or in cooperation, consultation or
				concert with, a candidate, a candidate's campaign committee or a political
				committee, including a legislative caucus committee registered pursuant to
				1.10.13.8
				NMAC; and,
(2) advertisements that
				are disseminated by a person who has made independent expenditures in an
				aggregate amount exceeding one thousand dollars ($1,000) during the current
				election cycle, and that either:
(a) expressly
				advocate the election or defeat of a clearly identified candidate or the
				passage or defeat of a clearly identified ballot question, or
(b) refer to a clearly identified candidate
				or ballot question and are disseminated to the relevant electorate within 30
				days before the primary election or 60 days before the general election at
				which the candidate or ballot question is on the ballot.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.32 - LEGISLATIVE CAUCUS COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Only one legislative caucus committee may exist for the majority and minority
				of each legislative chamber.
B. The
				speaker and the 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:
(1) two-thirds of the members of a political
				party in a legislative chamber vote to designate a different leader from among
				their members; and
(2) the results
				of that vote are recorded with the secretary of state.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.33 - PROHIBITED PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
Candidates and officeholders impacted by the prohibited
				  period pursuant to Section
				  1-19-34.1
				  NMSA 1978 are not required to cancel or pause automatic recurring contributions
				  that were solicited and established prior to the start of the prohibited
				  period.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 14 - RANKED CHOICE VOTING AND TOP-TWO RUNOFF ELECTION › Section 1.10.14.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The Office of the New Mexico Secretary of
				  State.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 14 - RANKED CHOICE VOTING AND TOP-TWO RUNOFF ELECTION › Section 1.10.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to runoff elections covered under the
				  election code.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 14 - RANKED CHOICE VOTING AND TOP-TWO RUNOFF ELECTION › Section 1.10.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Sections
				  1-2-1
				  and
				  1-22-16
				  NMSA 1978, of the Election Code.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 14 - RANKED CHOICE VOTING AND TOP-TWO RUNOFF ELECTION › Section 1.10.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 10, 2019, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 14 - RANKED CHOICE VOTING AND TOP-TWO RUNOFF ELECTION › Section 1.10.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide effective procedures
				  for runoff elections.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 14 - RANKED CHOICE VOTING AND TOP-TWO RUNOFF ELECTION › Section 1.10.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Choice"
means an indication on a ballot of a voter's assigned
				ranking of candidates for any single office according to the voter's
				preference. The standards for what constitutes a vote is codified in
				1.10.23.12
				NMAC and is incorporated by reference.
B.
"Continuing ballot"
means a
				ballot with votes that count towards a continuing candidate.
C.
"Continuing candidate"
means
				a candidate that has not been eliminated, including a candidate in the first
				round.
D.
"Duplicate
				ranking"
means a voter has ranked the same candidate at multiple
				rankings for the office being counted.
E.
"Exhausted ballot"
means a
				ballot that cannot be advanced because no further continuing candidates are
				ranked on that ballot.
F.
"Incorrectly marked ballot"
means a ballot showing an overvote or
				duplicate ranking.
G.
"Majority of votes"
means more than half of the votes cast for a
				continuing candidate.
H.
"Next ranked"
means the highest ranked choice for a continuing
				candidate.
I.
"Overvote"
means a voter has ranked more than one candidate at the
				same ranking.
J.
"Ranked
				choice voting"
means an election system in which voters rank the
				candidates for office in order of preference, and the votes cast for that
				office are counted in rounds that simulate a series of runoffs until one
				candidate receives a majority of votes. Ranked choice voting is also known as
				"instant runoff voting."
K.
"Round"
means a step in the counting process during which votes
				for all continuing candidates are tabulated for the purpose of determining
				whether a candidate has achieved a majority of votes cast for a particular
				office and, absent a majority, which candidate or candidates must be
				eliminated.
L.
"Skipped
				ranking"
means a voter has left a ranking blank and ranks a candidate in
				a subsequent ranking.
M.
"Undervote"
means an office on a ballot in which the voter did not
				rank any candidates for that office.
N.
"Unused ranking"
means the
				voter has ranked at least one but not all candidates.
O.
"Vote"
means a choice that is
				counted toward the election of a candidate in a runoff election.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 14 - RANKED CHOICE VOTING AND TOP-TWO RUNOFF ELECTION › Section 1.10.14.8 - FORM OF RANKED CHOICE RUNOFF BALLOT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The ranked choice voting ballot shall
				allow voters to rank all candidates in order of choice. The ranked choice
				voting ballot shall also contain a space on the ballot for a qualified write-in
				candidate to be ranked.
B.
				Instructions on the ballot shall conform substantially to the following
				specifications and appear only once on the top of the ballot: "Vote by
				indicating your first choice candidate and ranking additional candidates in
				order of choice. Rank as many candidates as you wish. Marking additional
				choices will not count against your first choice."
C. Sample ballots illustrating the procedures
				for ranked choice voting shall be posted in or near the voting booth, included
				in the instruction materials for mailed ballots, and posted on the secretary of
				state's website.
D. Upon submission
				of an incorrectly marked ballot, the voting machine shall provide a detailed
				warning message to the voter with a "cast" or "return" option and require
				confirmation of the voter's choice. A person who spoils or erroneously prepares
				the ballot may return the spoiled or erroneously prepared ballot to the
				election judge and receive a new ballot.
E. If any ballot is physically damaged so
				that it cannot properly be counted by the vote tabulation system, a true
				duplicate copy shall be made publicly of the damaged ballot and substituted for
				the damaged ballot. All duplicate ballots shall be clearly labeled "duplicate,"
				bear a serial number which shall be recorded on the damaged or incorrectly
				marked ballot, and be counted in lieu of the damaged ballot. After a ballot has
				been duplicated, the damaged ballot shall be placed in an envelope provided for
				that purpose, and the duplicate ballot shall be tallied by the tabulator with
				the other ballots for that precinct.
F. Ranked choice voting is only applicable to
				elections in which the governing body has chosen to elect its officers by
				ranked choice. Any other candidate contest or question on a ballot will not be
				chosen by ranked choice voting.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 14 - RANKED CHOICE VOTING AND TOP-TWO RUNOFF ELECTION › Section 1.10.14.9 - TABULATION FOR SINGLE WINNER ELECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the first round every ballot shall
				count as a vote towards the first choice candidate. During each successive
				round of counting, each continuing ballot contains one vote. All first choices
				are votes and lower ranked choices are potential runoff votes that may, in
				accordance with the requirements of this section, become votes and subsequently
				credited to a continuing candidate.
B. After any round, if any candidate receives
				a majority of votes in that round, that candidate shall be declared the winner
				and the tabulation is complete.
C.
				If no candidate receives a majority of votes in that round, the candidate
				receiving the fewest number of votes shall be eliminated.
D. Ballots for which a vote counted towards a
				now eliminated candidate shall be transferred to the next ranked continuing
				candidate. All the continuing ballots for all continuing candidates shall be
				counted again in a new round.
E. If
				after the first round of transferring votes, no continuing candidate has
				received a majority of votes, the process of eliminating candidates,
				transferring votes, and tabulating revised results shall continue until one
				continuing candidate receives a majority of the votes cast.
F. If a tie between candidates occurs at any
				stage in the tabulation, the tie shall be resolved in favor of the candidate
				who received the greatest number of combined first choice votes and transferred
				votes at the previous stage of tabulation. If the first round tabulation
				results in a tie between candidates, the tie shall be resolved against the
				candidate who received the least number of combined second choice
				votes.
G. In tabulating duplicate
				rankings, the highest ranking for the candidate is valid and any lower rankings
				of that candidate shall be ignored.
H. In tabulating an overvote, the voter's
				rankings shall be counted in order of preference, stopping at the point where
				the ballot contains the same ranking for more than one candidate.
I. In tabulating a skipped ranking, the
				skipped ranking will be ignored and the next indicated ranking on that ballot
				will be valid.