N.M. Admin. Code § 1.10.13.22

Current through Register Vol. 35, No. 23, December 10, 2024

Section 1.10.13.22 - EXCESSIVE OR PROHIBITED CONTRIBUTIONS

A. Excessive or prohibited contributions shall be returned to the donor upon receipt, without penalty to the reporting individual. However, if the secretary of state discovers a discrepancy or otherwise makes a finding that an excessive or illegal contribution has been received by a candidate or committee, the candidate or committee shall forfeit the excessive or illegal contribution in accordance with Subsection G of Section 1-19-34.7 NMSA 1978. A candidate or political committee shall disclose refunds of contributions or expenditures to the public election fund in CFIS in the reporting period in which the refund was made.

B. Excess anonymous funds pursuant to Subsections B and C of Section 1-19-34 NMSA 1978 shall be donated pursuant to the requirements of Subsection D of Section 1-19-34 NMSA 1978. The candidate or political committee shall disclose the details of the disbursement of excess anonymous funds in CFIS in the reporting period in which the disbursement was made.

C. The reporting individual must check committee records regularly to reasonably ensure that aggregate contributions from one contributor do not exceed the contribution limits of the Campaign Reporting Act.

D. When an excessive contribution is made via written instrument with more than one individual's name on it, but only has one signature, the permissible portion may be attributed to the signer and the excessive portion may be attributed to the other individual whose name is printed on the written instrument, without obtaining a second signature. This may be done so long as the reattribution does not cause the other contributor to exceed any contribution limit.

E. An excessive contribution which is not designated for either the primary or general election cycle, and which is made after the primary, but before the general election, may be applied to the outstanding debts from the primary election cycle if the campaign committee has more net debts outstanding from the primary election cycle than the excessive portion of the contribution. The re-designation must not cause the contributor to exceed any contribution limits.

F. Contributions and donations may not be solicited, accepted, received from, or made directly or indirectly by, foreign nationals who do not have permanent residence in the United States.

N.M. Admin. Code § 1.10.13.22

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