N.M. Admin. Code § 1.10.13.12 - GENERAL REPORTING RULES
A.
Candidate campaign committees.
(1) All campaign committees shall file
reports according to the schedule set forth in Section
1-19-29 NMSA 1978. Reports shall be
accepted until midnight mountain time on the date of filing without penalty. In
the event that a filing deadline falls on a state holiday, the report shall be
made on the following day. Beginning after 12:01 a.m. mountain time on the day
after the due date of the report, penalties for late filing shall begin to
accrue.
(2) Campaign committees
shall report all contributions, in-kind contributions known to the campaign
committee, loans, expenditures, loan repayments, and debt forgiven by the
lender.
(3) Coordinated
expenditures made on behalf of the candidate or campaign committee shall be
reported by the campaign committee as in-kind contributions received from the
coordinating political committee and are subject to contribution limits. Any
committee reporting an expenditure that is in-kind to another committee
registered pursuant to the Campaign Reporting Act is required to disclose the
name of the committee benefiting from the in-kind contribution.
(4) Candidates must file all required reports
while they are an active candidate and continue to file timely reports until
such time as they meet the requirements to file a final report. For example, a
primary election candidate that loses the primary election must file all
reports included in the primary election cycle and continue to file reports
until the candidate files a final report. Losing an election does not terminate
a candidate's requirement to file under the Campaign Reporting Act.
(5) A candidate's personal funds spent in
support of a candidate's own campaign are considered a contribution and shall
be disclosed by filing the required reports in CFIS; however, these funds are
not subject to contribution limits.
(6) Upon request by the secretary of state,
the campaign committee shall provide a copy of bank statements, for all
accounts, for any reporting period.
(7) Candidates benefiting from independent
expenditures or in-kind contributions the candidate has no knowledge of have no
obligation to report the item as a contribution to the candidate's campaign
committee.
B.
Political committees.
(1)
Political committees shall file reports according to the schedule set forth in
Section 1-19-29 NMSA 1978. Reports shall be
accepted until midnight on the date of filing deadline without penalty. In the
event that a filing deadline falls on a state holiday, the report shall be made
on the following day. Beginning after 12:01 a.m. mountain time on the date
after the filing deadline of the report, penalties for late filing shall begin
to accrue.
(2) Political committees
shall report all contributions, in-kind contributions known to the political
committee, loans, expenditures, loan repayments, and debt forgiven by the
lender.
(3) In addition to
disclosing the information required by the Campaign Reporting Act for
expenditures, a political committee making coordinated expenditures, including
in-kind, shall also disclose the name of the candidate, campaign committee, or
political committee with whom the expenditure is being coordinated or is
benefitting.
(4) Upon request by
the secretary of state, the political committee shall provide a copy of bank
statements, for all accounts, for the political committee for any reporting
period.
C.
Hardship waivers.
(1) All
reports required by these rules shall be filed electronically in the manner and
on forms as prescribed by the secretary of state. Reporting individuals
required to file reports may apply to the secretary of state for exemption from
electronic filing in case of hardship by submitting a hardship waiver request
form prescribed by the secretary of state. The secretary of state may approve
or deny this request. Approval may be granted at the discretion of the
secretary of state only if the reporting individual has no way to access
CFIS.
(2) Upon approval of a
hardship waiver, the reporting individual shall submit the report on a
prescribed paper form. Approval of a hardship waiver by the secretary of state,
authorizes the secretary of state to enter the report into the electronic
system on behalf of the reporting individual. A copy of the electronic report
entered by the secretary of state will be mailed to the reporting individual
once it has been entered into CFIS.
(3) Submission of a hardship waiver request
does not constitute meeting the reporting requirements including the statutory
reporting deadlines. Failure to adhere to a report deadline may still result in
fines pursuant to Section
1-19-35 NMSA 1978. Reporting
individuals shall make arrangements for hardship approval with the secretary of
state in advance of report deadlines to ensure timely filing.
Notes
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