N.M. Code R. § 1.10.13.30

Current through Register Vol. 35, No. 8, April 23, 2024

Section 1.10.13.30 - RANDOM REPORT SELECTION AND REPORT REVIEW PROCESS

A. Pursuant to Section 1-19-32.1 NMSA 1978, a randomly selected list of current and past candidates and political committees is computer generated by the secretary of state.

B. The secretary of state conducts a review of the reports filed during the election year or reporting period being reviewed for compliance with 1.10.13 NMAC and the Campaign Reporting Act. Areas of review during the report examination include:

(1) Campaign committees or political committees who fail to register or fail to register timely.

(2) Contributions, including loans and anonymous contributions, which exceed allowable contribution limits.

(3) Expenditures that may not be permissible.

(4) To the extent possible, cross checking with other reporting entities including those filing under the Lobbyist Regulation Act.

(5) Other report errors such as incomplete reporting or failure to disclose the originating donor of a contribution.

C. Pursuant to Section 1-19-32.1 NMSA 1978, the secretary of state shall notify potential violators that a possible discrepancy has been found and allow the candidates or committees 10 working days from the date of the notice to submit a written explanation and come into voluntary compliance.

D. After the secretary of state deems efforts at voluntary compliance have been exhausted and upon completion of the random review, the secretary of state shall prepare a report that includes the committees included in the random examination, the outcome of voluntary compliance efforts, and any unresolved discrepancies. The report shall be maintained and forwarded pursuant to the requirements set forth in Subsection B of Section 1-19-32.1 NMSA 1978.

N.M. Code R. § 1.10.13.30

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