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Home » US Law » 2021 New Mexico Statutes » Chapter 1 - Elections » Article 19A - Voter Action

Section 1-19A-1 – Short title.

Chapter 1, Article 19A NMSA 1978 may be cited as the “Voter Action Act”. History: Laws 2003, ch. 14, § 1; 2019, ch. 175, § 1. ANNOTATIONS The 2019 amendment, effective July 1, 2019, changed “Section 1 through 17 of this act” to “Chapter 1, Article 19A NMSA 1978”.

Section 1-19A-10 – Public election fund; creation; use.

A. There is created in the state treasury the “public election fund” solely for the purposes of: (1) financing the election campaigns of certified candidates for covered offices; (2) paying administrative and enforcement costs of the Voter Action Act; and (3) carrying out all other specified provisions of the Voter Action Act. B. The state […]

Section 1-19A-11 – Determination of fund amount.

A. By January 1, 2007, and every two years thereafter, the secretary shall prepare and provide to the legislature a report documenting, evaluating and making recommendations relating to the administration, implementation and enforcement of the Voter Action Act. B. In the report, the secretary shall set out the revenues received to date, the expected costs […]

Section 1-19A-12 – Timing of fund distribution.

A. Beginning with the election cycle that ends with the general election in 2006, the secretary shall distribute money from the fund to certified candidates. B. For a primary election certified candidate, the secretary shall distribute the amount due to that certified candidate for that covered office within one week of certification. C. For a […]

Section 1-19A-13 – Amount of fund distribution.

A. By September 1 of each odd-numbered year, the secretary shall determine the amount of money to be distributed to each certified candidate for the election cycle ending with the next general election, based on the type of election and the provisions of Subsections B through G of this section. B. For contested primary elections, […]

Section 1-19A-14 – Repealed.

History: Laws 2003, ch. 14, § 14; 2007 (1st S.S.), ch. 2, § 7; repealed by Laws 2019, ch. 175, § 11. ANNOTATIONS Repeals. — Laws 2019, ch. 175, § 11 repealed 1-19A-14 NMSA 1978, as enacted by Laws 2003, ch. 14, § 14, relating to matching funds, effective July 1, 2019. For provisions of […]

Section 1-19A-15 – Administration; secretary of state; duties.

A. The secretary shall adopt rules to ensure effective administration of the Voter Action Act. B. The rules shall include procedures for: (1) qualifications, certification and disbursement of revenues and return of unspent fund revenues; (2) obtaining qualifying contributions; (3) certification of candidates; (4) collection of revenues; and (5) return of fund disbursements and other […]

Section 1-19A-15.1 – State ethics commission; jurisdiction.

A. The state ethics commission shall have jurisdiction to investigate and adjudicate a complaint alleging a civil violation of a provision of the Voter Action Act in accordance with the provisions of the State Ethics Commission Act [10-16G-1 to 10-16G-16 NMSA 1978]. B. The secretary of state shall forward complaints it receives alleging violations of […]

Section 1-19A-16 – Appeals.

The procedure for challenging a certification decision by the secretary is as follows: A. a person aggrieved by a certification decision or a decision regarding the distribution of matching funds may appeal to the secretary within three days of the decision. The appeal shall be in writing and shall set forth the reasons for appeal; […]

Section 1-19A-17 – Penalties.

A. In addition to other penalties that may be applicable, a person who violates a provision of the Voter Action Act is subject to a civil penalty of up to ten thousand dollars ($10,000) per violation. In addition to a fine, a certified candidate found in violation of that act may be required to return […]

Section 1-19A-2 – Definitions.

As used in the Voter Action Act: A. “applicant candidate” means a candidate who is running for a covered office and who is seeking to be a certified candidate in a primary or general election; B. “certified candidate” means a candidate running for a covered office who chooses to obtain financing pursuant to the Voter […]

Section 1-19A-3 – Terms of participation; declaration of intent.

A. A person choosing to obtain financing pursuant to the Voter Action Act shall first file with the secretary a declaration of intent to participate in that act as an applicant candidate for a stated covered office. The declaration of intent shall be filed with the secretary prior to or during the qualifying period according […]

Section 1-19A-4 – Qualifying contributions.

A. Applicant candidates shall obtain qualifying contributions as follows: (1) for all statewide judicial elective offices, the number of qualifying contributions equal to one-tenth percent of the number of voters in the state; and (2) for the office of district judge: (a) four hundred qualifying contributions in a district with four hundred thousand or more […]

Section 1-19A-4.1 – Allowable contributions.

A. An applicant candidate may collect contributions during the sixty days immediately preceding the qualifying period and throughout the qualifying period from qualified electors registered to vote in the state. An applicant candidate shall not accept contributions from any other source. B. A certified candidate may collect contributions from qualified electors registered to vote in […]

Section 1-19A-5 – Repealed.

History: Laws 2003, ch. 14, § 5; 2007 (1st S.S.), ch. 2, § 3; repealed by Laws 2019, ch. 175, § 11. ANNOTATIONS Repeals. — Laws 2019, ch. 175, § 11 repealed 1-19A-5 NMSA 1978, as enacted by Laws 2003, ch. 14, § 5, relating to seed money, effective July 1, 2019. For provisions of […]

Section 1-19A-6 – Certification.

A. Upon receipt of a final submittal of qualifying contributions by an applicant candidate, the secretary shall determine from the applicant candidate’s statement whether the applicant candidate has: (1) signed and filed a declaration of intent to obtain financing pursuant to the Voter Action Act in accordance with the requirements of that act; (2) collected […]

Section 1-19A-8 – Political party expenditures; contributions to certified candidates.

A. A certified candidate may accept monetary or in-kind contributions from a political party; provided that the aggregate amount of such contributions from all political party committees combined does not exceed the equivalent of ten percent of the value of that candidate’s aggregate public financing per election cycle. B. All in-kind contributions from a political […]

Section 1-19A-9 – Candidate reporting requirements.

A. The secretary shall publish guidelines outlining permissible campaign-related expenditures and penalties for violations of the Voter Action Act by September 1, 2019. B. Applicant candidates shall file a report listing contributions and expenditures with their application for certification. C. Applicant candidates shall file qualifying contributions with the secretary during the qualifying period according to […]