January 11, 2012 •
New Mexico’s Campaign Finance Act on Hold
Judge issues preliminary injunction
NEW MEXICO: The federal district court in Albuquerque has issued a preliminary injunction against enforcement of state limits on financial contributions to be used in federal campaigns and for independent expenditures in state races.
The contribution-limits law, which took effect at the conclusion of the 2010 election cycle, limits contributions to non-statewide candidates for office to $2,300 per election from any entity except a political committee, which can give $5,000 to non-statewide candidates. It limits contributions to statewide candidates for office, political action committees and political parties to $5,000 per election from individuals and groups.
The preliminary injunction is not a definitive ruling tossing any of the limits, but it is a temporary stay against the enforcement of non-statewide and independent expenditure limits based on findings that the plaintiffs were likely to be successful in their challenge to those limits, that they faced irreparable damage if the injunction wasn’t granted, and that the injunction serves the public interest.
The injunction was widely anticipated in light of the U.S. Supreme Court ruling in Citizens United. Limits on contributions to candidates for state office and to groups intending to spend money on state races in coordination with candidates remain in place.
October 10, 2011 •
New Mexico Republican Party Challenges State’s Campaign Finance Law
Suit Seeks Political Party Contribution Limits
The New Mexico Republican Party, represented by attorney James Bopp, Jr., has filed a lawsuit challenging New Mexico’s campaign finance law. The suit asks the federal district court in Albuquerque to declare unconstitutional part of a state law which sets a contribution limit of $5,000 to or by political parties. The law was passed in 2009, but did not become effective until after the 2010 election.
The lawsuit also contends that federal election law precludes New Mexico from restricting how much money a national political party can give to a state party organization for election work, such as registering voters and encouraging voter turnout.
September 26, 2011 •
New Mexico Special Session Adjourned
No Deal Reached on Redistricting
The special session of the New Mexico Legislature adjourned on September 24, 2011.
The Legislature failed to reach a compromise on congressional redistricting, but passed a bill strengthening the preference given to New Mexico businesses bidding on state government contracts.
August 17, 2011 •
New Mexico Governor Calls Legislature to Special Session
Special Session to Begin September 6, 2011
New Mexico Governor Susana Martinez has called for the Legislature to begin a special session on Tuesday, September 6, 2011.
The purpose of the special session is to address redistricting and a number of the governor’s economic development proposals.
Photo of Governor Susana Martinez by The State of New Mexico on Wikipedia.
Orders Aim to Make Procurement More Ethical and Efficient
New Mexico Governor Susana Martinez has signed two executive orders that seek to improve the procurement process in New Mexico.
Executive Order 2011-030 authorizes the suspension or debarment of businesses for conviction of fraud, embezzlement, theft, forgery, bribery, falsification, destruction of records, receiving stolen property, antitrust violations, willful failure to perform in accordance with contracts, and any other cause occurring within the preceding three years of a procurement which the state purchasing agent or a central purchasing office determines to be so serious and compelling as to affect responsibility as a contractor.
Executive Order 2011-031 created the Governor’s Task Force on Procurement Reform to review and update the current statutory and regulatory Procurement Code and to increase transparency and efficiency in the procurement process.
April 13, 2011 •
Governor Signs Expansion of Government Conduct Act
New Mexico Law Closes Revolving Door for Government Procurement Employees
Governor Martinez has signed Senate Bill 432 prohibiting state and local government employees who are involved in the contracting process from subsequently being employed by a contractor. The bill expands the existing Governmental Conduct Act to apply to state and local government employees involved in the procurement process.
Under the new law, state agencies are barred from entering into contracts with a business represented by a person who has been an employee of the state within one year if the value of the contract is in excess of $1,000 and the contract is a direct result of an official act by the former employee. The law becomes effective July 1, 2011.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.
