N.M. Code R. § 1.10.13.10

Current through Register Vol. 35, No. 11, June 11, 2024

Section 1.10.13.10 - POLITICAL COMMITTEE REGISTRATIONS

A.Registration.

(1) Prior to receiving or making any contribution or expenditure for a political purpose. All political committees shall complete a political committee registration form/statement of organization online via the registration process in CFIS and submit the completed form, along with a fifty dollar ($50) filing fee, to the secretary of state. The form shall include:

(a) the full name of the political committee, which shall fairly and accurately reflect the identity of the committee, including any sponsoring organization;

(b) the physical address of the political committee, a mailing address if different from the physical address, and an email address;

(c) a statement of the purpose for which the political committee was organized; under this section, the committee shall designate the type of expenditures it will be making; the committee will have the option of registering as:

(i) an independent expenditure political committee;

(ii) a contribution or coordination political committee; or

(iii) a mixed purpose political committee;

(d) the names and addresses of the officers of the committee;

(e) an identification of the bank(s) used by the committee for all expenditures or contributions made or received; this shall include the name of the bank(s), business address(es) of the branch office(s) where the account(s) was/were opened, and telephone number for the bank(s); and

(f) the treasurer's name, mailing address, email address, and contact information.

(2) Following acceptance of the political committee registration form, the secretary of state will issue the treasurer a unique CFIS user identification.

(3) The provisions of this section do not apply to a political committee that is located in another state and is registered with the federal election commission (FEC). If the political committee is located in another state and reports to the FEC, the committee shall file a copy of either the full report or the cover sheet and the portions of the federal reporting forms that contain the information on expenditures for and contributions made to reporting individuals in New Mexico with the secretary of state within 10 days of filing the report to the FEC.

(4) If a political committee is located in another state and is making contributions and expenditures to New Mexico reporting individuals, but is not registered with the FEC, then the out-of-state political committee must register and report its New Mexico contributions and expenditures in accordance with the provisions of the Campaign Reporting Act and this rule.

(5) If a political committee is located in New Mexico and is required to register as a political committee under this rule, the political committee must register with the secretary of state even if it is also registered with the FEC.

(6) The political committee's treasurer is responsible for carrying out the duties described in the Campaign Reporting Act and this rule and may be personally liable if he or she knowingly and willfully violates the Campaign Reporting Act.

(7) An individual who resigns as treasurer of a political committee shall submit a resignation statement on a form prescribed by the secretary of state. An individual's resignation is not effective until a replacement treasurer is appointed, and the treasurer's information is updated electronically in CFIS.

(8) A political committee shall not continue to receive or make any contributions or expenditures unless the name of the current treasurer is on file with the secretary of state by updating the information in CFIS.

(9) A political committee is responsible for entering accurate and current contact information in CFIS, including mailing address and email address. Failure to provide accurate or current contact information does not limit the political committee's liability regarding fines and civil actions related to campaign reporting.

(10) Any changes to the information provided in the registration form/statement of registration shall be filed in CFIS within 10 days.

B. Section 1-19-27 NMSA 1978 requires that all campaign finance reports be filed electronically with the secretary of state's office. In order to file electronically, the political committee must maintain a valid email address on file with the office.

C.Political party registration: Qualified political parties that file rules in accordance with Article 7 of the Election Code with the secretary of state or county clerk are required to complete and file the political committee registration form with the secretary of state and must adhere to the provisions of the Campaign Reporting Act and this rule.

D.Legislative caucus committee registration: a legislative caucus committee is required to complete and file the political committee registration form with the secretary of state and must adhere to the provisions of the Campaign Reporting Act.

E.Notice of cancellation:

(1) A political committee, other than a political party or a legislative caucus committee, that has not received any contribution or made any coordinated or independent expenditures for a continuous period of at least one year pursuant to Subsection G of Section 1-19-29 NMSA 1978 shall be advised of their right to cancel the political committee's registration without obligation to file a final report. The political committee shall notify the secretary of state of the political committee's intention to remain active or will otherwise be marked as inactive by January 1 of the next even numbered year.

(2) A political committee that has cancelled its registration pursuant to Subsection G of Section 1-19-29 NMSA 1978, shall submit a new registration within 24 hours of receiving any contribution or making any expenditure for a political purpose. A new registration shall include:

(a) current bank account balance(s); and

(b) a certification that no contributions have been received or any expenditures made for a political purpose during the period wherein the political committee's registration was cancelled pursuant to Subsection G or Section 1-19-29 NMSA 1978.

N.M. Code R. § 1.10.13.10

Adopted by New Mexico Register, Volume XXVIII, Issue 18, September 26, 2017, eff. 10/10/2017, Amended by New Mexico Register, Volume XXX, Issue 20, October 29, 2019, eff. 10/29/2019, Amended by New Mexico Register, Volume XXXIII, Issue 06, March 22, 2022, eff. 3/22/2022