N.M. Admin. Code § 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.
Notes
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