N.M. Code R. § 1.10.13.31

Current through Register Vol. 35, No. 7, April 9, 2024

Section 1.10.13.31 - DISCLAIMER NOTICES ON ADVERTISEMENTS

A. The disclaimers on campaign advertising mandated by Section 1-19-26.4 NMSA 1978 are required for:

(1) advertisements that are disseminated by a candidate, a campaign committee or a political committee, including a legislative caucus committee, registered pursuant to 1.10.13.8 NMAC or at the request or suggestion of, or in cooperation, consultation or concert with, a candidate, a candidate's campaign committee or a political committee, including a legislative caucus committee registered pursuant to 1.10.13.8 NMAC; and,

(2) advertisements that are disseminated by a person who has made independent expenditures in an aggregate amount exceeding one thousand dollars ($1,000) during the current election cycle, and that either:

(a) expressly advocate the election or defeat of a clearly identified candidate or the passage or defeat of a clearly identified ballot question, or

(b) refer to a clearly identified candidate or ballot question and are disseminated to the relevant electorate within 30 days before the primary election or 60 days before the general election at which the candidate or ballot question is on the ballot.

B. The requirements of Subsection A of this section do not apply to the following:

(1) bumper stickers, pins, buttons, pens and similar small items upon which the disclaimer cannot be conveniently printed; or

(2) skywriting, water towers, wearing apparel or other means of displaying an advertisement of such a nature that the inclusion of a disclaimer would be impractical.

C. The disclaimer statements required by Subsection A of this section shall be set forth legibly on any advertisement that is disseminated or displayed by visual media. If the advertisement is transmitted by audio media, the statement shall be clearly spoken during the advertisement. If the advertisement is transmitted by audiovisual media, the statement shall be both written legibly and spoken clearly during the advertisement.

D. The disclaimer statements required for advertisements described in Subsection A of this section shall clearly state the name of the candidate, committee or other person who authorized and paid for the advertisement.

E. Any printed disclosure statement described in Subsection D of this section shall:

(1) be of sufficient type size to be clearly readable by the recipient of the communication;

(2) be contained in a printed box set apart from the other contents of the communication; and

(3) be printed with a reasonable degree of color contrast between the background and the printed statement.

F. Any disclosure statement described in Subsection D of this section which is transmitted through radio shall include, in addition to the requirements of that paragraph, an audio statement that identifies the candidate by name and clearly states the name of the candidate, committee or other person who authorized and paid for the advertisement and if applicable, states that the candidate has approved the communication.

G. Any disclosure described in Subsection D of this section which is transmitted through television shall include, in addition to the requirements of that paragraph, a statement that identifies the candidate by name and if applicable, states that the candidate has approved the communication. Such statement shall be conveyed by:

(1) an unobscured, full-screen view of the candidate making the statement, or

(2) the candidate in voice-over, accompanied by a clearly identifiable photographic or similar image of the candidate; and

(3) shall also appear in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds.

N.M. Code R. § 1.10.13.31

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