Sec. of State Maggie Toulouse is using her rulemaking authority over all persons, candidates, and committees covered by the Campaign Reporting Act by proposing a draft campaign finance rule.

Similar to Senate Bill 96, a bill vetoed by Gov. Susana Martinez after the 2017 regular session, the proposed rule requires groups spending more than $1,000 for political advertising to file a report detailing the expense and the name and address of each contributor of more than $200 in the previous 12 months earmarked or made in response to a solicitation. If passed, the rule will become effective October 3, 2017.

The notice and proposed rule are available at http://www.sos.state.nm.us/Elections_Data/notice-of-proposed-rulemaking.aspx.

The first special session of the 2017 New Mexico Legislature adjourned sine die on May 30, 2017.

Gov. Susana Martinez signed legislation reinstating funding for higher education and vetoed a bill raising taxes.

Both the House and Senate were in session for less than one hour.

Gov. Susana Martinez has called a special session for May 24, 2017.

According to the proclamation, the special session is called to enact legislation concerning the budget, tax reform, and nominees for the appointment to the Board of Regents for state higher education institutions.

Per New Mexico law, all legislators are prohibited from soliciting a campaign contribution beginning when a proclamation has been issued and ending when the special session adjourns.

The adjournment date has yet to be determined.

Gov. Susana Martinez vetoed ethics and campaign finance bills.

Senate Bill 393 would have required lobbyists to report expenses on lawmakers and other public officials under $100. Martinez stated she supports transparency, but thought the bill was unclear and could have several unintended consequences.

Additionally, Martinez vetoed Senate Bill 96 which would have required disclosure of “dark-money” campaign spending by nonprofit groups. Martinez vetoed the legislation because it may discourage charities from advocating for their causes.

Despite the 2017 regular session adjourning on March 18th, Gov. Susana Martinez will likely call a special session.

Martinez does not like the budget proposed to her by the Legislature and has warned of potential furloughs if a new budget is not passed soon.

The special session date has yet to be determined.

The New Mexico Legislature adjourned sine die on March 18, 2017.

House Joint Resolution 8, which creates an independent ethics commission, passed both houses and will be placed on the 2018 general election ballot for voter approval.

Senate Bill 393, a bill requiring lobbyists to disclose the cumulative total of expenditures under $100, passed both houses and Gov. Susana Martinez has until April 7, 2017, to sign the bill into law.

A bill creating an independent ethics commission has been approved by the New Mexico legislature.

House Joint Resolution 8 (HJR 8) seeks to amend the state constitution and establish a state ethics commission.

The ethics commission would oversee complaints against public officials, both in the legislative and executive branches, as well as lobbyist and government contractors.

The proposed amendment will be placed on the 2018 general election ballot for voter approval.

A bill creating an independent ethics commission is advancing through the New Mexico legislature.

House Joint Resolution 8 (HJR 8) seeks to amend the state constitution and establish a state ethics commission. The ethics commission would oversee complaints against public officials, both in the legislative and executive branches, as well as lobbyist and government contractors.

If passed, the proposed amendment would be placed on the 2018 general election ballot for voter approval.

HJR 8 unanimously passed the House Local Government, Elections, Land Grants and Cultural Affairs Committee and will be heard by the House Judiciary Committee next.

New Mexico lawmakers have recently introduced several ethics bills.

House Bill 119 would make it unlawful for a state legislator or legislative candidate to solicit or accept a contribution, even absent any political purpose.

House Bill 73 seeks to create a two-year revolving door provision prohibiting former statewide elected officials, public regulation commissioners, legislators, and cabinet secretaries from accepting compensation as lobbyists for a period of two years after terminating their service. The bill would also prohibit a lobbyist employer from compensating any of the aforementioned persons during the two-year period.

State Sen. Daniel A. Ivey-Soto introduced Senate Bill 72, also known as the Public Accountability Act (PAA). If passed, the PAA would create the Public Accountability Board (PAB) with enforcement powers over the compliance provisions of various public acts including, but not limited to, those related to campaign finance reporting, lobbying, public accountability, ethics, and procurement.

The PAB would serve as an adjunct agency with the secretary of state, members of the board of commissioners of the state bar, the governor, and the chief justice of the supreme court each appointing three members, respectively. Among its provisions, the act amends the definition of lobbyist and prohibits lobbyists and government contractors from serving on the PAB. If passed, several of the sections would be effective as soon as July 1, 2017, while the PAB would not gain enforcement powers over many of the listed acts until July 1, 2019.

Campaign Finance

“FEC Asks Congress for Authority to Battle Shady PACs” by Kenneth P. Doyle for Bloomberg.com

New York: “Council Bill Could Make Campaign Fraud Easier in New York, Critics Say” by William Neuman for The New York Times

Wyoming: “Wyo. Campaign Finance Law Often Goes Unenforced” by Matt Murphy (Wyoming Tribune Eagle) for Wyoming Business Report

Ethics

“Business Since Birth: Trump’s children and the tangle that awaits” by Matt Flegenheimer, Rachel Abrams, Barry Meier, and Hiroko Tabuchi for The New York Times

“Trump Adviser Has Pushed Clinton Conspiracy Theories” by Mattew Rosenberg for The New York Times

Florida: “Turning Code Violations into Payoffs, the Opa-locka Way” by Michael Sallah and Jay Weaver for Miami Herald

Michigan: “Politician Can Evade Questions, But Not Indictment in Rizzo Scandal” by Tresa Baldas for Detroit Free Press

New Mexico: “Ethics-Related Legislation Heads to Session” by Deborah Baker for Albuquerque Journal

Elections

North Carolina: “North Carolina Gov. Pat McCrory (R) Concedes Closely Contested Governor’s Race” by Amber Phillips for The Washington Post

New Mexico State Sen. Daniel Ivey-Soto revealed a draft of the Public Accountability Act (PAA) at a recent legislative meeting. If passed, the PAA would create a 12-member Public Accountability Board with the purpose of investigating and ruling on complaints against public officials, employees, candidates, lobbyists and government contractors.

Additionally, the PAA would give the board enforcement authority over civil violations and would impact local government. Republican state Rep. Jim Dines stated he will propose a constitutional amendment to create a nine-member ethics commission to oversee the Legislature, contractors, and lobbyists.

Both pieces of legislation are intended for the 2017 legislative session and bills may be pre-filed on December 15, 2016.

The special session adjourned sine die on October 6, 2016.

Lawmakers approved a budget fix, and the controversial death penalty bill failed to pass the Senate.

Per New Mexico law, the fundraising ban concludes at the time of adjournment.

The New Mexico Secretary of State released new contribution limits for non-statewide candidates, statewide candidates, and PACs.

Contributions from a person to a statewide candidate or to a PAC will increase to $5,500. Also, contributions from a PAC to a non-statewide candidate, statewide candidate, or to another PAC will increase to $5,500.

Contribution limits are adjusted every election cycle and the current adjustments will be effective on November 9, 2016.

On September 29, 2016, Gov. Susana Martinez called a special session for September 30, 2016. The long-awaited proclamation will focus on fixing budget shortfalls and restoring the death penalty.

The ban on fundraising during regular or special session is a major concern for New Mexico legislators as the general election is on November 8, 2016. Per New Mexico law, all legislators are prohibited from soliciting a campaign contribution beginning when a proclamation has been issued and ending when the special session adjourns.

The adjournment date has yet to be determined.

Photo of Gov. Susana Martinez by the New Mexico State Government on Wikimedia Commons.