N.M. Code R. § 1.10.13.7

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

Section 1.10.13.7 - DEFINITIONS

A."Agent" means a person with express or implied authorization to engage in campaign related activities on behalf of a candidate or committee.

B."Aggregate contributions" means the sum total of all contributions given to a candidate, campaign committee, or political committee by the same donor in a primary or general election cycle. Aggregate contributions may not exceed contribution limits.

C."Clearly identified" means:

(1) the name of the candidate or ballot question appears;

(2) a photograph or drawing of the candidate appears; or

(3) the identity of the candidate or ballot question is otherwise apparent by unambiguous reference

D."Committee" means a political committee or campaign committee covered under the Campaign Reporting Act.

E."Contribution or coordination political committee" means a type of political committee that makes contributions or coordinated expenditures to candidates or committees.

F."Debt" means an outstanding expenditure or loan which is not fully paid at the time it is reported in the campaign finance information system and is therefore reported as unpaid debt.

G."Donor" means contributor.

H."Earmarking" means making a contribution in which the original donor expresses an intention for the contribution to pass through some other person to a specific candidate or committee or to be used for a specific purpose, such as funding independent expenditures.

I."Expressly advocate" means that the communication contains a phrase including, but not limited to, "vote for," "re-elect," "support," "cast your ballot for," "candidate for elected office," "vote against," "defeat," "reject," or "sign the petition for," or a campaign slogan or words that in context and with limited reference to external events, such as the proximity to the election, can have no reasonable meaning other than to advocate the election, passage, or defeat of one or more clearly identified ballot questions or candidates.

J."Final report" means the last report electronically filed under the Campaign Reporting Act in accordance with Subsection F of Section 1-19-29 NMSA 1978 indicating that:

(1) there are no outstanding campaign debts

(2) all money has been expended in accordance with the provisions of Section 1-19-29.1 NMSA 1978; and

(3) the bank accounts have been closed.

K."Finding" means a determination made by the secretary of state based upon an administrative examination or inquiry.

L."Foreign nationals" means an individual who is not a citizen or a national of the United States (as defined in 8 U.S.C. § 1101(a)(22)) and who is not lawfully admitted for permanent residence, as defined by 8 U.S.C. § 1101(a)(20).

M."In-kind contributions" means goods or services or anything of value contributed to a candidate or committee other than money. The provision of any goods or services without charge or at a charge that is less than the usual and normal charge for such goods or services is an in-kind contribution. Examples of such goods or services include, but are not limited to: securities, facilities, equipment, supplies, personnel, advertising services, membership lists, and mailing lists.

N."Legislative Caucus Committee" means a political committee established by the members of a political party in a chamber of the legislature pursuant to the provisions of Subsection O of Section 1-19-26 NMSA 1978 and Section 2-21-1 NMSA 1978. A legislative caucus committee is also a political committee pursuant to Subsection Q of Section 1-19-26 NMSA 1978.

O."Loan" means an extension of credit to a candidate or committee by any person, including the candidate themselves, for use as monies spent toward the election of a candidate or other political purpose.

P."Members" means all persons who are currently satisfying the requirements for membership in a membership organization, affirmatively accept the membership organization's invitation to become a member, and either:

(1) have some financial attachment to the membership organization; or

(2) pay membership dues at least annually, of a specific amount predetermined by the organization; or

(3) have an organizational attachment to the membership organization that includes: affirmation of membership on at least an annual basis and direct participatory rights in the governance of the organization. For example, such rights could include the right to vote directly or indirectly for at least one individual on the membership organization's highest governing board; the right to vote on policy questions where the highest governing body of the membership organization is obligated to abide by the results; the right to approve the organization's annual budget; or the right to participate directly in similar aspects of the organization's governance.

Q."Membership organization" means an unincorporated association, trade association, cooperative, corporation without capital stock, or a local, national, or international labor organization that:

(1) is composed of members;

(2) expressly states the qualifications and requirements for membership in its articles, bylaws, constitution or other formal organizational documents;

(3) makes its articles, bylaws, constitution or other formal organizational documents available to its members;

(4) expressly solicits persons to become members;

(5) expressly acknowledges the acceptance of membership, such as by sending a membership card or including the member's name on a membership newsletter list; and

(6) is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual for offices covered under the Campaign Reporting Act.

R."Mixed purpose political committee" means a type of political committee that makes independent expenditures and coordinated expenditures or contributions and that segregates funds used for coordinated expenditures and contributions subject to contribution limits into a separate bank account from funds used for independent expenditures.

S."Pledge" means a promise from a contributor to send or deliver a contribution by a specified time.

T."Primary purpose" means the purpose for which an entity or committee:

(1) was created, formed or organized; or

(2) has made more than fifty percent of its expenditures during the current election cycle exclusive of salaries and administrative costs; or

(3) has devoted more than fifty percent of the working time of its personnel during the current election cycle.

U."Relevant electorate" means the constituency eligible to vote for the candidate or ballot question.

V."Solicit" means to ask that another person make a contribution, donation, transfer of funds, or otherwise provide anything of value, whether it is to be made or provided directly to the candidate or committee, or through a conduit or intermediary.

W."Sponsoring organization" means an organization that has provided more than twenty-five percent of the total contributions to a political committee as of the time the committee is required to register under this rule.

X."Special event" means a barbeque, tea, coffee, dinner, reception, dance, concert or similar fundraiser where tickets costing twenty-five dollars ($25) or less are sold and no more than one thousand dollars ($1,000) net contributions are received.

Y."Statement of no activity" means the prescribed form used by a reporting individual to indicate that no contributions were raised or expenditures were made during a particular reporting period.

Z."Treasurer" means an individual explicitly designated by a candidate or committee to authorize disbursements, receive contributions, maintain a proper record of the campaign finances, and who, along with the candidate, is personally liable for discrepancies in the finances and reports of the committee.

AA."Unresolved discrepancy" means a finding of an actual or perceived inconsistency, conflict, or contradiction that is not resolved after attempts to seek voluntary compliance

N.M. Code R. § 1.10.13.7

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