The Prohibited Period in New Mexico restricts fundraising for certain state officials and candidates during legislative sessions. This period applies to state legislators, candidates for state legislative office, the attorney general, secretary of state, state treasurer, commissioner of public lands, state auditor, and candidates for these positions, as well as their agents. It also applies to the governor, lieutenant governor, and their agents, but with a longer duration.
Prohibited Period for State Legislators and Other Officials
For state legislators, and the other officials listed above (excluding the governor and lieutenant governor), the Prohibited Period’s timing depends on the type of legislative session:
- Regular Session: The Prohibited Period begins January 1st before the session starts and continues until the session adjourns.
- Special Session: The Prohibited Period starts after the special session is officially proclaimed and lasts until its adjournment.
During this time, these officials and candidates cannot knowingly solicit campaign contributions for any campaign or committee governed by the Campaign Reporting Act.
Prohibited Period for the Governor and Lieutenant Governor
The fundraising restrictions for the governor, lieutenant governor, and their agents are the same, but the Prohibited Period extends longer:
- Regular Session: The Prohibited Period begins January 1st before the session starts and ends twenty days after the session adjourns.
- Special Session: The Prohibited Period begins after the special session proclamation and ends twenty days after adjournment.
Purpose of the Prohibited Period
The Prohibited Period aims to prevent potential conflicts of interest and undue influence during legislative sessions by limiting fundraising activities for those directly involved in the legislative process. This ensures that legislative decisions are made based on the merits of policy rather than potential campaign contributions.
Consequences of Violating the Prohibited Period
Violating the Prohibited Period’s restrictions can result in penalties under the Campaign Reporting Act. Understanding these regulations is crucial for all involved in New Mexico state politics.
Source: NMSA 1978, § 1-19-34.1
