LobbyComply Blog

The New Mexico state ethics commission opened on January 2.

The commission was created by a constitutional amendment passed in November 2018.

The seven member-structure was specified in a bill signed last March by Gov. Michelle Lujan Grisham.

Former Judge William F. Lang was appointed by Lujan Grisham to be the commission’s first chairman.

The commission will issue advisory opinions regarding campaign finance, government contracts, and lobbying disclosure law and will investigate complaints of potential violations.

The alleged offense must have occurred after June of 2019, and all accusations will be confidential until the commission decides to hold a public hearing.

The commission has the authority to impose civil penalties and can recommend disciplinary action, including impeachment.

Senate Bill 3, relating to the Campaign Reporting Act, was signed by Gov. Michelle Lujan Grisham on Thursday, April 4, 2019.

The bill amends several provisions of campaign finance law, including definitions related to elections cycles, penalties for violating campaign finance law, and independent expenditure reporting.

The bill also requires a person making an independent expenditure in an amount exceeding $1,000 in non-statewide elections and $3,000 in statewide elections to file a report with the secretary of state within specified time periods.

The report must include the name and address of the person who made the independent expenditure, the name and address of the person to whom the independent expenditure was made, the amount, date and purposes of the independent expenditure, and the source of the contributions used to make the independent contribution.

Additionally, contributions to most candidates and political committees will be limited to $5,000 per election cycle unless those contributions are from a candidate’s own personal funds or made to a political committee and used only to make independent expenditures.

Contributions to gubernatorial candidates will be limited to two times the contribution limit during a primary or a general election cycle.

The bill will become effective on July 1, 2019.

Senate Bill 668, relating to the State Ethics Commission Act, was signed by Gov. Michelle Lujan Grisham on Thursday, March 28, 2019.

The bill creates the new independent ethics commission demanded by voters in the November 2018 election.

The new commission will oversee state public officials and employees and give the commission investigative powers over ethics violations.

Sections one through eight and 34 of the bill, relating to the creation of the new commission, will become effective July 1, 2019.

The remaining sections, mostly relating to the commission’s investigative powers, will become effective on January 1, 2020.

The New Mexico Legislature adjourned sine die on March 16, 2019.

House Bill 668, relating to the State Ethics Commission Act, was passed by the Legislature on the final day of the session.

The bill creates the new independent ethics commission demanded by voters in the November 2018 election.

The new commission will oversee state public officials and employees and give the commission investigative powers over ethics violations.

The bill is awaiting the governor’s signature. If signed, sections one through eight and 34 of the bill will become effective July 1, 2019.

The remaining sections will become effective on January 1, 2020.

New Mexico State Reps. Joy Garratt and Elizabeth Thomson introduced House Bill 551 earlier this month.

If passed, the bill would require lobbyists to participate in a sexual harassment training lasting at least four hours.

The program must be sponsored by the secretary of state, an employer of the lobbyist and conducted by a person qualified to conduct the training, or by a certified human resources professional.

In November, New Mexico voters approved a constitutional amendment to Article 5 of the state’s constitution.

Constitutional Amendment 2 creates an independent ethics commission with jurisdiction to investigate, adjudicate and issue advisory opinions concerning civil violations of laws governing ethics, standards of conduct and reporting requirements.

In order to be a functional commission, the Legislature must pass laws granting the commission all of its powers and duties.

As a result, state Rep. Daymon Ely introduced House Bill 4 setting out the new agency’s responsibilities.

The bill states the commission will have jurisdiction to investigate and adjudicate a complaint alleging a civil violation of the Lobbyist Regulation Act and the Campaign Reporting Act.

Additionally, the commission would have the authority to suspend a person from consideration for award of a contract if the person violates the Procurement Code.

If passed, sections 1 through 5, 7, and 37 of the bill will be effective July 1, 2019. The remaining sections will be effective January 1, 2020.

Senate Bill 191 was signed by Gov. Michelle Lujan Grisham on February 4, 2019.

The bill requires the disclosure of the cumulative total of all individual expenditures of less than $100 made or incurred by the employer or lobbyist during the covered reporting period.

The expenditures must be separated into meals and beverages, other entertainment expenditures, and other expenditures.

The bill is effective July 1, 2019.

Senate Bill 191 is on its way to Gov. Michelle Lujan Grisham’s desk.

If signed, the bill will require the disclosure of the cumulative total of all individual expenditures of less than $100 made or incurred by the employer or lobbyist during the covered reporting period.

The expenditures must be separated into meals and beverages, other entertainment expenditures, and other expenditures.

Grisham has indicated she intends to sign the bill. Once signed, the bill will be effective July 1, 2019.

Three lobbying bills have been introduced in New Mexico.

House Bill 131 would require a post-session lobbying report due after the Legislature adjourns.

House Bill 140 would require periodic reports with estimated upcoming lobbying expenses for the year as well as actual previous expenses incurred.

Senate Bill 191 amends the current expenditure reporting threshold to include individual expenditures of less than $100 by lobbyists or the employer.

The New Mexico Secretary of State’s Office will be offering two lobbyist trainings on lobbyist registration, reporting requirements, and a segment on sexual harassment.

The trainings are voluntary and will be held on January 10, 2019, 9:00 a.m.-12:00 p.m. and January 17, 2019, 1:00 p.m.-4:00 p.m.

The Secretary of State has yet to release additional details on how to register.

New Mexico law states on the day after each general election, campaign contribution limits increase in accordance with a formula based on the consumer price index.

Starting November 7, the limits per election cycle are:

• From an individual (person or entity): $2,600 to a non-statewide candidate; $5,700 to a statewide candidate; and $5,700 to a PAC.
• From a PAC: $5,700 to a non-statewide candidate; $5,700 to a statewide candidate; and $5,700 to a PAC.

These limits do not apply to the candidate’s own personal contributions to the candidate’s campaign fund.

Democratic Congresswoman and former state health secretary Michelle Lujan Grisham won last night’s New Mexico gubernatorial election with 56.91 percent of the vote. Lujan Grisham became the first Democratic Latina governor, taking over a seat held by Republicans for two terms.

Lujan Grisham’s win will mark the first time a Democratic candidate has won the gubernatorial seat since 2002, according to Vox.

She focused her platform on an expansion of preschool education, lowering crime rates, economic expansion, and investments in solar and wind energy.

Lujan Grisham has an extensive political tenure—she is a three-term U.S. congresswoman currently serving New Mexico’s first district. Prior to her federal service, she served as cabinet secretary for three different New Mexico governors.

Upon taking office, her current U.S. seat will be filled by Debra Haaland.

New Mexico voters approved a constitutional amendment to Article 5 of the state’s constitution.

Constitutional Amendment 2 creates an independent ethics commission with jurisdiction to investigate, adjudicate and issue advisory opinions concerning civil violations of laws governing ethics, standards of conduct and reporting requirements.

The commission will have jurisdiction over state officers and employees of the executive and legislative branches, lobbyists, and seekers or holders of government contracts.

In order to be a functional commission the Legislature must pass laws granting the commission all of its powers and duties.

Earlier this year, New Mexico passed the Local Election Act, which consolidates various nonpartisan local elections into one election in November of odd-numbered years. The law’s main goal is to save taxpayer money and increase voter turnout.

However, local school districts are suffering. Albuquerque Public Schools are projecting $1 million in administrative costs to facilitate their upcoming bond election, because the new law states special elections must be completed by mail.

The Santa Fe School Board voted unanimously to ask the New Mexico School Boards Association and the other 88 school districts to request lawmakers amend the law and restore the School Election Law, allowing regular elections to resume in February, when they previously were held, or special elections by mail if needed.