As used in the Voter Action Act:

1. 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;
2. 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;
3. C. "contested" means there are more candidates for a position than the number to be elected to that position;

4. 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. (1) a qualifying contribution;
   2. (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. (3) the value of the incidental use of the candidate's personal property, home or business office for campaign purposes;

5. E. "coordinated expenditure" means an expenditure that is made:

   1. (1) by a person other than a candidate or campaign committee;
   2. (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. (3) for the purpose of:

      1. (a) supporting or opposing the nomination or election of a candidate; or
      2. (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;
6. F. "covered office" means any office of the judicial department subject to statewide elections and the office of district judge;
7. 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;
8. H. "fund" means the public election fund;

9. 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. (1) made by a voter who is eligible to vote for the covered office that the applicant candidate is seeking;
   2. (2) made during the designated qualifying period and obtained through efforts made with the knowledge and approval of the applicant candidate; and
   3. (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;

10. J. "qualifying period" means:

    1. (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. (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
11. 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; 2021, ch. 57, § 1.

ANNOTATIONS

Repeals. — Laws 2021, ch. 57, § 5, effective June 18, 2021, repealed Laws 2020, ch. 9, §§ 10 through 13, which would have become effective January 1, 2023.

The 2021 amendment, effective June 18, 2021, included the office of district judge within the definition of "covered office", and removed the office of public regulation commissioner from the definition of "covered office", as that term is used in the Voter Action Act; and in Subsection F, after "office of", deleted "public regulation commissioner" and added "district judge".

The 2019 amendment, effective July 1, 2019, defined "contribution", "coordinated expenditure", and "expenditure", and revised and removed certain defined terms, as used in the Voter Action Act; in Subsection C, deleted "contested election" and added "contested", and after "means", deleted "an election in which"; added new Subsections D and E and redesignated former Subsection D as Subsection F; deleted former Subsection E, which defined "election cycle"; added a new Subsection G and redesignated former Subsection F as Subsection H; deleted former Subsection G and redesignated former Subsections H through J as Subsections I through K, respectively; in Subsection I, deleted "or a check or money order" and added "a check, a money order or an electronic form of payment as prescribed by the secretary, and", and in Paragraph I(1), after "made by a", deleted "registered"; in Subsection J, Paragraph J(1), after "for", deleted "major party applicant candidates for covered offices" and added "candidates who are seeking public financing for a primary election or for both a primary and a general election", in Paragraph J(2), after "for", deleted "independent and minor party", after "candidates", added "who are seeking public financing only for a general election", after "beginning", deleted "February" and added "January", and after "5:00 p.m. on the", deleted "filing date for independent or minor party candidates" and added "twenty-third day following the primary election"; and deleted former Subsection K, which defined "seed money".

The 2007 amendment, effective June 28, 2007, added "any office of the judicial department subject to statewide elections" to the definition of "covered office"; changed "public regulation commissioner" to "covered offices" in the definition of "qualifying period"; and deleted the definition of "total vote".