City of Española, NM
Rio Arriba County
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Table of Contents
Table of Contents
[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:
CAMPAIGN MATERIAL
Any circular, pamphlet, letter, poster, billboard, placard, handbill, card, bumper sticker, decal or other printed or written matter, or radio or television announcement.
CAMPAIGN REPORT
A report of all contributions made and expenditures made.
CANDIDATE
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.
COMMITTEE
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.
CONTRIBUTION
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.
ELECTION
Any regular or special election.
EXPENDITURE
A payment, pledge or promise of payment or money for anything of value or other obligation, for goods, materials, services or facilities.
MEASURE
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.
PERSON
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:
(a) 
Return it to the contributors;
(b) 
Donate it to a local nonprofit or charity of the candidate's choice; or
(c) 
Donate it to the City's general fund.
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.