New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 13 - CAMPAIGN FINANCE › Section 1.10.13.28 - COORDINATED EXPENDITURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				coordinated expenditure shall be treated as an in-kind contribution from the
				person who made the expenditure to the candidate or committee at whose request
				or suggestion, or in cooperation, consultation or concert with whom, the
				expenditure was made, and shall be subject to all the limits, prohibitions and
				reporting requirements that are applicable to such contributions under the
				Campaign Reporting Act.
B.
				Candidates for office may endorse other candidates. Endorsements do not
				constitute a coordinated expenditure unless the endorser pays for an
				advertisement that constitutes a coordinated expenditure.
C. A candidate's or committee's response to
				an inquiry or questionnaire about that candidate's positions on legislative or
				policy issues, which does not include discussion of campaign plans, projects,
				activities or needs, does not constitute a coordinated expenditure.
D. Persons may use publicly available
				information and materials in creating, producing or distributing an
				advertisement, and such use does not, in and of itself, constitute coordination
				with the candidate or campaign. However, expenditures funding the republication
				of materials produced by a candidate's campaign shall be reported as
				coordinated expenditures subject to contribution limits.
The following is a non-exhaustive list of factors which will
				  be considered in determining whether an expenditure shall be treated as a
				  coordinated expenditure:
(1) whether
				the person making the expenditure is also an agent of the candidate or
				committee receiving the contribution;
(2) whether any person authorized to accept
				receipts or make expenditures for the person making the expenditure is also an
				agent of the candidate or committee receiving the contribution;
(3) whether the person making the expenditure
				has been established, financed, maintained, or controlled by any of the same
				persons that have established, financed, maintained, or controlled a political
				committee authorized by the candidate;
(4) whether the reporting individual shares
				or rents space for a campaign-related purpose with or from the person making
				the expenditure;
(5) whether the
				reporting individual, or any public or private office held or entity controlled
				by the reporting individual, including any governmental agency, division, or
				office, has retained the professional services of the person making the
				expenditure or a principal member or professional or managerial employee of the
				entity making the expenditure, during the same election cycle, either primary
				or general, in which the expenditure is made; or
(6) whether the reporting individual and the
				person making the expenditure have each consulted or otherwise been in
				communication with the same third party or parties, if the reporting individual
				knew or should have known that the reporting individual's communication or
				relationship to the third party or parties would inform or result in
				expenditures to benefit the reporting individual.