Section 1-19-34.6 - Civil penalties.

NM Stat § 1-19-34.6 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

A. If the secretary of state reasonably believes that a person committed, or is about to commit, a violation of the Campaign Reporting Act, the secretary of state shall refer the matter to the attorney general or a district attorney for enforcement.

B. With or without a referral from the secretary of state, the attorney general or district attorney may institute a civil action in district court for any violation of the Campaign Reporting Act or to prevent a violation of that act that involves an unlawful solicitation or the making or acceptance of an unlawful contribution. An action for relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including a civil penalty of up to one thousand dollars ($1,000) for each violation not to exceed a total of twenty thousand dollars ($20,000), and forfeiture of any contribution received as a result of an unlawful solicitation or unlawful contribution. Each unlawful solicitation and each unlawful contribution made or accepted shall be deemed a separate violation of the Campaign Reporting Act.

C. With or without a referral from the secretary of state, the attorney general or district attorney may institute a civil action in district court if a violation has occurred or to prevent a violation of any provision of the Campaign Reporting Act other than that specified in Subsection B of this section. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of up to one thousand dollars ($1,000) for each violation not to exceed a total of twenty thousand dollars ($20,000).

History: Laws 1995, ch. 153, § 19; 2019, ch. 262, § 11.

The 2019 amendment, effective July 1, 2019, increased the penalty for violations of the Campaign Reporting Act to not more than one thousand dollars ($1,000) for each violation, not to exceed twenty thousand dollars ($20,000); in Subsection B, added "With or without a referral from the secretary of state", after "civil penalty of", deleted "two hundred fifty dollars ($250)" and added "up to one thousand dollars ($1,000)", after "not to exceed", deleted "five thousand dollars ($5,000)" and added "a total of twenty thousand dollars ($20,000)"; and in Subsection C, added "With or without a referral from the secretary of state", after "civil penalty of", deleted "fifty dollars ($50.00)" and added "up to one thousand dollars ($1,000)", and after "not to exceed", deleted "five thousand dollars ($5,000)" and added "a total of twenty thousand dollars ($20,000)".

Temporary provisions. — Laws 2019, ch. 262, § 16 provided that the secretary of state, in consultation with the attorney general, shall promulgate rules to implement the amendatory provisions of this act by August 1, 2019.