As used in the Voter Action Act:
A. "applicant candidate" means a candidate who is running for a covered office and who is seeking to be a certified candidate in a primary or general election;
B. "certified candidate" means a candidate running for a covered office who chooses to obtain financing pursuant to the Voter Action Act and is certified as a Voter Action Act candidate;
C. "contested" means there are more candidates for a position than the number to be elected to that position;
D. "contribution" means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made or received for the purpose of supporting or opposing the nomination for election or election of a candidate for public office, including payment of a debt incurred in an election campaign and also including a coordinated expenditure, but "contribution" does not include:
(1) a qualifying contribution;
(2) the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate; or
(3) the value of the incidental use of the candidate's personal property, home or business office for campaign purposes;
E. "coordinated expenditure" means an expenditure that is made:
(1) by a person other than a candidate or campaign committee;
(2) at the request or suggestion of, or in cooperation, consultation or concert with, a candidate, campaign committee or political party or any agent or representative of such a candidate, campaign committee or political party; and
(3) for the purpose of:
(a) supporting or opposing the nomination or election of a candidate; or
(b) paying for an advertisement that refers to a clearly identified candidate and that is published and disseminated to the relevant electorate in New Mexico within thirty days before the primary election or sixty days before the general election in which the candidate is on the ballot;
F. "covered office" means any office of the judicial department subject to statewide elections;
G. "expenditure" means a payment, transfer or distribution of, or a promise to pay, transfer or distribute, any money or other thing of value for the purpose of supporting or opposing the nomination or election of a candidate;
H. "fund" means the public election fund;
I. "qualifying contribution" means a donation of five dollars ($5.00) in the form of cash, a check, a money order or an electronic form of payment, as prescribed by the secretary, and payable to the fund in support of an applicant candidate that is:
(1) made by a voter who is eligible to vote for the covered office that the applicant candidate is seeking;
(2) made during the designated qualifying period and obtained through efforts made with the knowledge and approval of the applicant candidate; and
(3) acknowledged by a receipt that identifies the contributor's name and residential address on forms provided by the bureau of elections and that is signed by the contributor, one copy of which is attached to the list of contributors and sent to the bureau of elections;
J. "qualifying period" means:
(1) for candidates who are seeking public financing for a primary election or for both a primary and a general election, the period beginning October 1 immediately preceding the election year and ending at 5:00 p.m. on the third Tuesday of March of the election year; and
(2) for candidates who are seeking public financing only for a general election, the period beginning January 1 of the election year and ending that year at 5:00 p.m. on the twenty-third day following the primary election for the office for which the candidate is running; and
K. "secretary" means the secretary of state or the office of the secretary of state.
History: Laws 2003, ch. 14, § 2; 2007 (1st S.S.), ch. 2, § 1; 2019, ch. 175, § 2; 2020, ch. 9, § 10.
ANNOTATIONSContingent effective date. — Laws 2020, ch. 9, § 10 amended 1-19A-2 NMSA 1978, effective January 1, 2023, contingent upon certification by the secretary of state that the constitution of New Mexico has been amended as proposed by a joint resolution of the first session of the fifty-fourth legislature (Laws 2019, SJC/SRC/SJR Nos. 1 and 4, CA #1) at the general election to be held on November 3, 2020.
The 2020 amendment, effective January 1, 2023, removed the public regulation commission from the definition of "covered office" as used in the Voter Action Act; and in Subsection F, after "statewide elections", deleted "and the office of public regulation commissioner".