2021 New Mexico Statutes
Chapter 2 - Legislative Branch
Article 11 - Lobbyist Regulation
Section 2-11-8 - Contingent fees prohibited in lobbying the legislative branch of state government.

No person shall accept employment as a lobbyist and no lobbyist's employer shall employ a lobbyist for compensation contingent in whole or in part upon the outcome of the lobbying activities before the legislative branch of state government or the approval or veto of any legislation by the governor.

History: 1953 Comp., § 2-13-8, enacted by Laws 1977, ch. 261, § 8.

Agreement in contravention of state's public policy against lobbying pursuant to contingent fee agreement. — Where a real estate developer brought an action against the seller of construction equipment, alleging that the seller breached an agreement under which the developer would assist the seller in securing approval of industrial revenue bonds from the county in exchange for a portion of the seller's property tax savings from those industrial revenue bonds, and where the seller moved for summary judgment, arguing that the alleged agreement was unenforceable as in contravention of New Mexico's public policy, it was held that although this section only prohibits contingent fee agreements for lobbying before the state legislature or governor, the public policy expressed in this section by the New Mexico legislature voids the contingency fee agreement for lobbying before the county commission at issue here. All agreements whose object or tendency is to improperly interfere with or influence legislative action are contrary to public policy and void. Midway Leasing, Inc. v. Wagner Equipment Co., 356 F. Supp.3d 1207 (D. N.M. 2018).