What is Going on with New Mexico Elections?

January 20, 2022 admin 0

New Mexico Elections Update

By Greg Gallegos I January 20, 2021

Proposed Rule Changes

There is a proposed rule change to 1.10.13 NMAC

Notice of Proposed Rulemaking for amendments to administrative rule 1.10.13 NMAC. The public hearing will be held on February 8, 2022, at the PERA Building. The release of information as provided by the New Mexico Secretary of State’s Website at https://www.sos.state.nm.us/legislation-and-lobbying/legal-resources/rulemaking/campaign-finance/.

The rule change includes the following but is not limited to:

1.10.13.7

deletions of definitions found in statute and adds definition of “Finding” and “Unresolved Discrepancy”,

1.10.13.8

Updates and changes to campaign committee registrations that no longer require a candidate seeking election to the same office to re-register, and;

Requires candidates seeking a different office to re-register, and;

updates information to align with the newly released Campaign finance application

1.10.13.10

removes the PAC type of “Other”, and;

updates information to align with the newly released Campaign finance application

1.10.13.11

deletions of language found in statute, and;

adds clarifying language to explain independent expenditures

1.10.13.12

Clarifies reporting deadlines if date falls on a state holiday, and;

Adds language to explain in-kind contributions

1.10.13.13

Adds language for inactivity that leads to administrative inactivation

1.10.13.15

Adds language to clarify maximum fines based on statute

1.10.13.18

Adds language for disclosure of beneficiary of in-kind contributions

1.10.13.21

Repealed

1.10.13.22

Adds language for the handling of excess anonymous donations

1.10.13.25

Adds a list of prohibited per se personal use of expenditures, and;

Updates language to allow legal expenses as a permissible expenditure with determination on a case-by-case basis, and;

Adds language that allows candidates to use funds to pay fines

1.10.13.30

Adds language to update the process of report examination

1.10.13.32

Adds language to update the change of leaders to a legislative caucus committee

1.10.13.33

Updated language for prohibited period contributions, that now allows affected candidates and officeholders to take scheduled donations that were scheduled prior to the start of the prohibited period

The proposed rule change can be found HERE.

The link to the current rule 1.10.13 NMAC can be found HERE.

KGH Strategies can help in all your compliance matters.

Contact KGH Strategies

There are currently 5 bills that fall under the subject of elections

HJR 5 PRIMARY ELECTION VOTING ELIGIBILITY, CA

Sponsors: Meredith A. Dixon, Kelly K. Fajardo, T. Ryan Lane

PROPOSING TO AMEND ARTICLE 7 OF THE CONSTITUTION OF NEW MEXICO TO ALLOW VOTERS WHO HAVE NOT SELECTED A PARTY AFFILIATION TO VOTE IN THE PRIMARY ELECTION OF A POLITICAL PARTY AND PROVIDING POLITICAL PARTIES THE OPTION OF ALLOWING ONLY PARTY MEMBERS TO PARTICIPATE IN THE PARTY’S NOMINATION PROCESS ON CONDITION THAT THE PARTY PAYS THE COSTS OF THAT PROCESS.

SJR 1 NONPARTISAN OPEN PRIMARY ELECTIONS, CA

Sponsor: Bill Tallman

PROPOSING TO AMEND ARTICLE 5, SECTION 2 AND ARTICLE 7, SECTION 5 OF THE CONSTITUTION OF NEW MEXICO TO REQUIRE PRIMARY ELECTIONS FOR STATEWIDE OFFICES, LEGISLATIVE OFFICES AND UNITED STATES CONGRESSIONAL OFFICES TO BE CONDUCTED AS NONPARTISAN OPEN PRIMARY ELECTIONS AND TO REQUIRE INSTANT RUNOFFS TO BE USED FOR GENERAL ELECTIONS FOR STATEWIDE OFFICES, LEGISLATIVE OFFICES AND UNITED STATES CONGRESSIONAL OFFICES.

SJR 3 APPOINTED APPELLATE JUDGE REQUIREMENTS, CA

Sponsor: Joseph Cervantes

PROPOSING TO AMEND ARTICLE 6, SECTION 35 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE THAT AN APPOINTED APPELLATE JUDGE SERVE AT LEAST ONE YEAR BEFORE A GENERAL ELECTION IS HELD FOR THE OFFICE TO WHICH THE JUDGE WAS APPOINTED.

SJR 4 PRIMARY ELECTION CHANGES, CA

Sponsor: Bill Tallman

SJR 5 RUNOFF ELECTIONS, CA

Sponsor: Harold Pope, Jr.

PROPOSING AMENDMENTS TO ARTICLE 5, SECTION 2 AND ARTICLE 7, SECTION 5 OF THE CONSTITUTION OF NEW MEXICO TO ALLOW THE LEGISLATURE TO PROVIDE BY LAW FOR RUNOFF ELECTIONS FOR PRIMARY AND STATEWIDE ELECTIONS.

SJR 6 ELECTIONS FOR CERTAIN JUDGES, CA

Sponsors: Craig Brandt and Mark Moores

PROPOSING AN AMENDMENT TO ARTICLE 6, SECTION 33 OF THE CONSTITUTION OF NEW MEXICO TO REQUIRE ELECTIONS FOR JUSTICE OF THE SUPREME COURT, JUDGE OF THE COURT OF APPEALS, DISTRICT JUDGE, AND METROPOLITAN COURT JUDGE TO BE NONPARTISAN

You can search bill by subject HERE.

Governor Michelle Lujan-Grisham released a statement of a plan to protect the right o vote and expand ballot access.

The Press release can be found HERE and includes the following:

Increasing voter access by extending the early voting period through the Sunday before Election Day, designating Election Day as a state holiday, and allowing 16 year-olds to participate in local elections;
Creating a permanent absentee voter list that allows individuals to voluntarily receive mail ballots for each election without needing to make individual requests;
Expanding online voter registration opportunities by allowing individuals without MVD-issued ID to register online using their full social security number;
Extending the timeline for mailing ballots to voters to 35 days before an election and extending the deadline for accepting voted ballots to 7 p.m. the Friday after an election to accommodate for mail delivery time;
Supporting Native voting access by expanding the timeline for indigenous nations, tribes, and pueblos to request alternate voting sites;
Improving automatic voter registration by adopting a system that provides a mechanism for eligible individuals to become automatically registered to vote upon completing a transaction at the Motor Vehicle Department;
Enabling nominating petition signatures to be securely submitted electronically;
Automatically restoring the voting rights of those convicted of a felony who are not currently incarcerated; and
Creating an option to vote a straight party ballot.