2020 New Mexico Statutes
Chapter 1 - Elections
Article 19 - Campaign Practices
Section 1-19-34.7 - Contribution limitations; candidates; political committees.
A. Except as provided in Subsections H through J of this section:
(1) a person, including a political committee, shall not make a contribution to a candidate, including the candidate's campaign committee, or to a political committee in an amount that will cause that person's total contributions to the candidate or political committee to exceed five thousand dollars ($5,000) during a primary election cycle or five thousand dollars ($5,000) during a general election cycle; provided that a person may make a contribution attributable to the general election cycle during the primary election cycle even though the person has contributed the maximum amount allowed for the primary election cycle:
(a) if that contribution is not used to pay for any expenditure related to the primary election; and
(b) if the candidate is not on the general election ballot, all contributions made to the candidate for the general election are returned to the persons who made the contributions or deposited in the public election fund; and
(2) a primary election candidate who does not become a candidate on the general election ballot shall remain subject to the contribution limits of the primary election cycle and shall not accept a contribution from a person who has contributed the maximum allowable amount during the primary election cycle to pay for primary election expenditures of the campaign.
B. A person, including a political committee, shall not make a contribution to a candidate committee authorized for the purpose of electing a candidate for governor in an amount that will cause that person's total contributions to the committee to exceed two times the limit imposed pursuant to Subsection A of this section.
C. Except as provided in Subsection K of this section, a person, including a political committee, shall not make a contribution to a political party or legislative caucus committee in an amount that will cause that person's total contributions to the political party or legislative caucus committee to exceed five times the limit imposed pursuant to Subsection A of this section.
D. All contributions made by a person to a candidate, either directly or indirectly, including contributions that are in any way earmarked or otherwise directed through another person to a candidate, shall be treated as contributions from the person to that candidate.
E. A person, including a political committee, shall not knowingly accept or solicit a contribution, directly or indirectly, including a contribution earmarked or otherwise directed or coordinated through another person, including a political committee, that violates the contribution limits provided for in this section.
F. On January 1 after each general election, the contribution amounts provided in Subsection A of this section shall be increased by the percentage of the preceding two calendar years' increase of the consumer price index for all urban consumers, United States city average for all items, published by the United States department of labor. The amount of the increase shall be rounded to the nearest multiple of one hundred dollars ($100). The secretary of state shall publish by October 1 before each general election the adjusted contribution limits that shall take effect the January 1 following general election.
G. All contributions in excess of the limits imposed by the provisions of this section shall be deposited in the public election fund upon a finding by the secretary of state that the contribution limits have been exceeded.
H. The limitation on contributions to a candidate provided for in Subsection A of this section shall not apply to a candidate's own contribution from the candidate's personal funds to the candidate's own campaign.
I. The limitations on contributions to political committees provided for in Subsection A of this section shall not apply to a political committee that makes only independent expenditures or to a contribution to a political committee that is deposited in a segregated bank account that may only be used to make independent expenditures.
J. The limitations on contributions to candidates or campaign committees provided for in Subsection A of this section shall not apply to 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.
K. The limitations on contributions to political parties or legislative caucus committees provided for in Subsection C of this section shall not apply to contributions from a campaign committee authorized for the purpose of electing a candidate from that party in a primary or general election cycle. For purposes of this subsection, "campaign committee" includes a candidate committee regulated by the federal election commission.
L. The members of a political party in a chamber of the legislature shall not maintain more than one legislative caucus committee in each chamber.
History: Laws 2009, ch. 68, § 1; 2019, ch. 262, § 12.
ANNOTATIONSTemporary 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, set a flat limit on contributions to all candidates and political committees of $5,000 per election cycle, provided that a primary election candidate who does not move on to the general election shall remain subject to the primary election cycle contribution limits and shall not accept a contribution from a person who has contributed the maximum allowable amount during the primary election cycle to pay for primary election expenditures, provided that a person, including a political committee, shall not make a contribution to a candidate committee authorized for the purpose of electing a candidate for governor in an amount that will cause that person's total contributions to the committee to exceed two times the limit imposed by the section during a primary or a general election cycle, prohibited contributions to a political party or legislative caucus committee that will cause the contributor's total contributions to the political party or legislative caucus committee to exceed five times the limit imposed by the section during a primary or a general election cycle, changed the date on which contribution limits are increased, provided that the limitation on contributions to candidates or campaign committees do not apply to the value of in-kind contributions from political parties or legislative caucus committees to candidates nominated by the parties in the general election, excluded contributions from candidates or campaign committees from the limitations on contributions to political parties or legislative caucus committees, and limited a political party caucus to one legislative caucus committee in each chamber of the legislature; deleted former Subsection A, added new Subsections A through C and redesignated former Subsections B through F as Subsections D through H, respectively; in Subsection F, after "On", deleted "the day" and added "January 1", and after "shall take effect the", deleted "day after the" and added "January 1"; and deleted former Subsection G and added Subsections I through L.
Severability. — Laws 2009, ch. 68, § 5 provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
Contributions by national committees of political parties. — The Campaign Reporting Act prohibits the national committee of a political party from contributing to its state political party in an amount greater than five thousand dollars ($5,000) during a primary election or during a general election. 2010 Op. Att'y Gen. No. 10-03.
Contributions by an individual and through a corporation owned by the individual. — The campaign Reporting Act does not prohibit an individual and a corporation controlled by the individual from making separate contributions in their own names up to the limits of the act. If, however, instead of separate contributions by the individual and the corporation, the individual makes a personal contribution and transfers funds to the corporation for purposes of making another contribution, the act would attribute both contributions to the individual for purposes of the act's contribution limits and if the contributions, in the aggregate exceed the contribution limits for either a primary or a general election, the contributions would be a violation of the act, even if the violation was not intentional. 2010 Op. Att'y Gen. No. 10-03.
