[HISTORY: Adopted by the Mayor and Council of the City of
Española 11-27-2007 by Ord. No. 2007-08 (Ch. 34 of the 1997
Code). Amendments noted where applicable.]
The purpose of this chapter is to adopt a policy concerning
election campaign practices, candidate expenses, contribution reports,
and campaign ethics.
All municipal elections in the City shall be conducted in accordance
with this chapter and NMSA 1978 § 3-8-1 et seq.
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Any circular, pamphlet, letter, poster, billboard, placard,
handbill, card, bumper sticker, decal or other printed or written
matter, or radio or television announcement.
A report of all contributions made and expenditures made.
Any individual listed on the ballot for election to any City
office or any person who has otherwise taken affirmative action to
seek City office.
A combination of two or more persons acting jointly in support
of or in opposition to a candidate or to the adoption or defeat of
one or more measures.
A gift, subscription, loan, advance, deposit, pledge, contract,
agreement or promise of money, service, or anything of value or other
obligation, made directly or indirectly to a campaign. Where goods,
materials, services, facilities or anything of value other than money
is contributed or expended, the monetary value thereof shall be the
fair market value.
Any regular or special election.
A payment, pledge or promise of payment or money for anything
of value or other obligation, for goods, materials, services or facilities.
Any proposition or question submitted to a popular vote at
an election, or circulated for purposes of submission to a popular
vote at any election, whether or not the proposition or question qualifies
for the ballot.
Any individual acting alone in support of or in opposition
to a candidate or to the adoption or defeat of one or more measures.
A.
It is unlawful for any person, organization or political subcommittee
to publish, broadcast, or print any campaign advertising or communication
that does not specify the name of the sponsor or the name of a responsible
officer who authorized the printing, broadcasting or publication of
such material, in any election of the municipality.
B.
Any printing establishment shall identify itself as the printer of
the campaign material.
C.
Any person, organization or political committee violating these provisions
is guilty of a misdemeanor.
A.
It is unlawful for any person, organization or political committee
to broadcast, circulate or distribute any campaign advertising or
communication which does not specify the full name and complete mailing
address of the sponsor or the full name and complete mailing address
of a responsible officer who authorized the printing, broadcasting
or publication of such material, in any election of the municipality.
This prohibition extends to broadcasts, newspapers, handbills, petitions,
circulars, letters or similar written material.
B.
Any printing establishment shall identify itself as the printer of
the campaign material.
C.
Any person, organization or political committee violating these provisions
is guilty of a misdemeanor.
A.
Each candidate, person, or committee, shall appoint a Campaign Treasurer.
A candidate or person may appoint himself as Campaign Treasurer.
B.
The name, address, and telephone number of the Campaign Treasurer
shall be filed with the City Clerk not later than the first Monday
after filing for candidacy or issuance of a proclamation calling for
election.
C.
The Campaign Treasurer shall keep a true and full record of all contributions
and expenditures, to include:
(1)
The name and address of every contributor whose total contribution
exceeds $50;
(2)
The amount and form of every contribution;
(3)
A full record of all disbursements;
(4)
Receipts exceeding $15, reflecting the purpose of each expenditure,
the date and method of payment; and
(5)
All campaign bank records.
A.
Each candidate, person or committee shall file a campaign report
with the City Clerk, on forms prescribed by the City Clerk.
B.
Each campaign report which identifies contributions and expenditures
exceeding $250 shall itemize each item of contribution and expenditure,
including:
(1)
The amount of contribution or expenditure or value of goods and services
contributed;
(2)
The purpose of the contribution or expenditure;
(3)
The date of the contribution or expenditure;
(4)
The name and address of the person or entity from whom any cumulative
contribution exceeding $50 was received;
(5)
The name and address of the person or entity to whom any cumulative
expenditure exceeding $50 was made; and
(6)
The name of the person or entity to whom unpaid debt is owed; the
amount of the unpaid debt; and the date the debt was incurred.
C.
Each campaign report shall contain the total of all contributions
and expenditures.
D.
An itemized campaign report is not required if neither the total
contributions received nor the total expenditures exceed $250. However,
the campaign report shall contain a written declaration, under oath,
that neither the campaign contributions nor the expenditures exceed
$250.
E.
Each campaign report shall contain a declaration that the campaign
report has been prepared with all reasonable diligence and that it
is true and complete.
F.
Each campaign report shall be subscribed and sworn to by the Campaign
Treasurer.
G.
Three mandatory campaign reports shall be filed during the following
periods:
(1)
The first report shall be filed not later than 5:00 p.m. on the first
Monday in February. The first campaign report shall contain a total
listing of all contributions and expenditures made since the date
that an election resolution declaring a municipal election is adopted
by the governing body.
(2)
The second shall be filed not later than 5:00 p.m. on the first Monday
in March.
(3)
The third shall be filed not later than 5:00 p.m. on the first Monday
in April.
(4)
Any balance of contributions received that are not expended on the
campaign shall be disposed of by the last day of March, in one of
the following ways, at the option of the candidate:
H.
If any Campaign Treasurer files a report of expenditures and contributions
after the deadline, or if the report filed is incomplete, the candidate
shall pay to the City, at the time of filing, the sum of $10 per day
for each regular working day after the time required by this chapter,
until the complete report is filed. No candidate shall take office
with outstanding campaign reports.
I.
It is unlawful for a candidate or Campaign Treasurer to knowingly
and willfully file a false report of expenditures and contributions.
