What is Campaign Finance?
Candiates
Series 1 of 4, Campaign Finance
By Greg Gallegos I November 22, 2021
Campaign Finance applies to Candidates, Political Committees, Financial Disclosure Filers, and Lobbyist
Campaign Reporting Act
The Campaign Practices Chapter 1 Article 19 of NMSA 1978 encompass sections 1-19-25 through 1-19-36 NMSA, also known as the “Campaign Reporting Act”. You can find the link to download the Election Handbook of the State of New Mexico, 2021 edition at https://www.sos.state.nm.us/candidate-and-campaigns/how-to-become-a-candidate/nm-election-handbook/. Campaign finance is a method of tracking candidates’ contributions and expenditures, and the NM Secretary of States office facilitates this process utilizing a web-based Campaign Finance Information system (CFIS) that was released July 2020. There are NM Administrative Rules that govern multiple aspects with campaign finance’s primary rule being 1.10.13 NMAC. You can find NM Administrative Rules at https://www.sos.state.nm.us/legislation-and-lobbying/legal-resources/nm-administrative-rules/.
When do Candidates Register in CFIS?
When Candidates begin to raise money for an exploratory candidacy for office, they must register a CFIS account within ten (10) days of raising $1,000 for a non-statewide race (1.10.13(A) NMAC), or $3,000 for a statewide race (1.10.13(B) NMAC). Candidates must complete a Candidate Committee Registration form (1.10.13 (C) NMAC) for the current election cycle to avoid any fundraising limits set in previous election cycles. An example would be a State Representative is registered in a 2020 election cycle, but know they will run in 2022, then it would be beneficial for that State Representative to register in the 2020 cycle, transfer all funds from 2020 to 2022, and inactivate the 2020 CFIS account. This simple action would reduce the chance for possible violations and streamline the CFIS process for the next election cycle.
When do Candidates file reports?
There will be two (2) reports due in a biannual year, which means the years between the election years, and eight (8) reports due during the year the election is in. There is a $50/day fine for all late reports.
2020 Election Cycle Report Dates
Report Name | Period Start | Period End | Report Due |
1st Bi-Annual Report | 01/01/2021 | 04/05/2021 | 04/12/2021 |
2nd Bi-Annual report | 04/06/2021 | 10/04/2021 | 10/11/2021 |
First Primary Report | 10/05/2021 | 04/04/2022 | 04/11/2022 |
Second Primary Report | 04/05/2022 | 05/02/2022 | 05/09/2022 |
Third Primary Report | 05/03/2022 | 05/31/2022 | 06/02/2022 |
Fourth Primary Report | 06/01/2022 | 07/02/2022 | 07/07/2022 |
First General Report | 07/03/2022 | 09/05/2022 | 09/12/2022 |
Second General Report | 09/06/2022 | 10/03/2022 | 10/11/2022 |
Third General Report | 10/04/2022 | 11/01/2022 | 11/03/2022 |
Fourth General Report | 11/02/2022 | 12/31/2022 | 01/09/2023 |
There are supplemental reports due before the primary and General election dates that are more than $1,000 in a non-statewide and $3,000 in a statewide race starting the Tuesday before the election 1-19-29(B(5)).
What are the Fundraising Limits?
2022 Election Cycle
OFFICE | Primary | General | Total |
All offices except Governor | $5,200 | $5,200 | $10,400 |
Governor | $10,400 | $10,400 | $20,800 |
There is a lot to learn under the Campaign Reporting Act
There are many more rules on usage of campaign funds, disclaimer on advertisements, contribution limitations, late filings fines, penalties to include civil and criminal penalties. The new CFIS system clearly indicates a candidate that is not compliant and lists all late reports and fines due. Well, it seems the CFIS application is in constant development, there seems to be the wish for a more transparent and a higher standard for accountability. This can be overwhelming when running a campaign and KGH Strategies can help.
Political Landscape
The political compliance landscape in New Mexico is changing following significant law changes in the past few years. In addition, the New Mexico State Ethics Commission was established and is now in operation. If your business works with government officials in the legislative and executive branches of government, then our job is to help you comply with state laws.
Whether for a corporation, nonprofit organization, advocacy group, other entities, or individuals – We can help you maneuver through a maze of compliance requirements and see how laws apply to your business so you can keep doing what you do best.