2021 New Mexico Statutes
Chapter 1 - Elections
Article 19 - Campaign Practices
Section 1-19-34.4 - Education and voluntary compliance; investigations; referrals for enforcement.

A. The secretary of state shall advise and seek to educate all persons required to perform duties under the Campaign Reporting Act of those duties. This includes advising all known reporting individuals at least annually of that act's deadlines for submitting required reports and statements of no activity. The state ethics commission, in consultation with the secretary of state, shall issue advisory opinions, when requested in writing to do so, on matters concerning that act.

B. The secretary of state may conduct examinations of reports filed pursuant to Section 1-19-29 NMSA 1978 and the state ethics commission may initiate investigations to determine whether any provision of the Campaign Reporting Act has been violated.

C. Any person who believes that a provision of the Campaign Reporting Act has been violated may file a written complaint with the state ethics commission pursuant to the terms of the State Ethics Commission Act [10-16G-1 to 10-16G-16 NMSA 1978]. If the commission has jurisdiction for the complaint, the state ethics commission shall refer the complaint to the secretary of state. Upon referral, the secretary of state shall attempt to achieve voluntary compliance with the Campaign Reporting Act. Within thirty-five days after receiving the complaint from the state ethics commission, the secretary of state shall return the complaint to the state ethics commission and certify to the state ethics commission whether voluntary compliance was achieved. If the secretary of state certifies voluntarily compliance, the state ethics commission shall dismiss the complaint or that part of the complaint alleging a violation of the Campaign Reporting Act. If the secretary of state does not certify voluntarily compliance, the state ethics commission shall proceed with the complaint pursuant to the terms of the State Ethics Commission Act.

D. The secretary of state and the state ethics commission shall at all times seek to ensure voluntary compliance with the provisions of the Campaign Reporting Act.

E. At any time, the secretary of state may refer a matter to the state ethics commission for a civil injunctive or other appropriate order or to the attorney general or a district attorney for criminal enforcement.

History: 1978 Comp., § 1-19-34.4, enacted by Laws 1993, ch. 46, § 15; 1995, ch. 153, § 15; 1997, ch. 112, § 4; 2021, ch. 109, § 3.

The 2021 amendment, effective July 1, 2021, revised administrative and enforcement duties of the state ethics commission and the secretary of state under the Campaign Reporting Act, modified the complaint procedure under the Campaign Reporting Act, removed provisions related to binding arbitration following a notice of final action, and removed provisions allowing the secretary of state to refer violations of the Campaign Reporting Act to the attorney general or a district attorney for enforcement; in the section heading, after "investigations", deleted "binding arbitration"; in Subsection A, after "statements of", deleted "exception" and added "no activity", after the next occurrence of "The", deleted "secretary of state, in consultation with the attorney general" and added "state ethics commission, in consultation with the secretary of state", and after "concerning the act", deleted "All prescribed forms prepared shall be clear and easy to complete."; in Subsection B, after "The secretary of state may", added "conduct examinations of reports filed pursuant to Section 1-19-29 NMSA 1978 and the state ethics commission may", and after "has been violated", deleted the remainder of the subsection; added a new Subsection C and redesignated former Subsection C as Subsection D; in Subsection D, after "The secretary of state", added "and the state ethics commission", after "Campaign Reporting Act.", deleted the remainder of the subsection; deleted former Subsections D through F and redesignated former Subsection G as Subsection E; and in Subsection E, after "may refer a matter to the", deleted "attorney general or a district attorney" and added "state ethics commission", and after "appropriate order or", added "to the attorney general or a district attorney".

The 1997 amendment, effective June 20, 1997, in Subsection A, substituted "that" for "the Campaign Reporting"; made minor stylistic changes in Subsection B; and rewrote Subsections D, E and F.

The 1995 amendment, effective June 16, 1995, inserted "statements of exception" at the end of the second sentence in Subsection A, inserted "any provision of" preceding "the Campaign Reporting Act" and made a related change in Subsection B, rewrote Subsections C through E, and in Subsection F, added the first sentence and inserted "and filed with the secretary of state" following "shall be issued" in the fifth sentence.

Constitutionality. — Provision of this section providing for binding arbitration of alleged violations of the Campaign Reporting Act, 1-19-25 through 1-19-36 NMSA 1978, for which a penalty has been imposed is not unconstitutional, because the act specifically requires that the arbitration procedures be governed by the Uniform Arbitration Act, 44-7-1 through 44-7-22 [44-7A-1 to 44-7A-32] NMSA 1978, which expressly authorizes judicial review of the arbitrator's decision. 2002 Op. Att'y Gen. No. 02-01.