TITLE 1 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 10 ELECTIONS AND ELECTED OFFICIALS

PART 27 VOTER ACTION ACT

1.10.27.1 ISSUING AGENCY: Office of the Secretary of State

[1.10.27.1 NMAC - N, 9-30-2005]

1.10.27.2 SCOPE: This rule applies to any special statewide election, general election, primary election, countywide election or elections to fill vacancies in the office of United States representative, municipal, special district elections and regular or special school district elections as modified by the School Election Law (Sections 1-22-1 to 1-22-19 NMSA 1978).

[1.10.27.2 NMAC - N, 9-30-2005]

1.10.27.3 STATUTORY AUTHORITY: Election Code, Section 1-2-1 NMSA 1978; Section 1-19A-1 to 1-19A-17 NMSA 1978.

[1.10.27.3 NMAC - N, 9-30-2005]

1.10.27.4 DURATION: Permanent.

[1.10.27.4 NMAC - N, 9-30-2005]

1.10.27.5 EFFECTIVE DATE: September 30, 2005 unless a later date is cited at the end of a section.

[1.10.27.5 NMAC - N, 9-30-2005]

1.10.27.6 OBJECTIVE: The secretary of state shall adopt rules to ensure effective administration of the Voter Action Act (Section 1-19A-1 to 1-19A-17 NMSA 1978) pursuant to Section 1-19A-15 NMSA 1978. The rules shall include procedures for qualifications, certification and disbursement of revenues and return of unspent fund revenues; obtaining qualifying contributions; certification of candidates; collection of revenues; and return of fund disbursements and other money to the fund.

[1.10.27.6 NMAC - N, 9-30-2005]

1.10.27.7 DEFINITIONS:

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.

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. An applicant candidate becomes a certified candidate upon submittal and the secretary of state determination under Sections 1-19A-4 to 1-19A-6 NMSA 1978.

C. “Election cycle” means the primary and general elections for the same term for the covered office. The first day of the primary election is the first day of the election cycle and ends on the primary election date. The first day of the general election is first day after the primary election and ends on the general election date.

[1.10.27.7 NMAC - N, 9-30-2005; A, 10-15-2007]

1.10.27.8 QUALIFICATIONS AND CERTIFICATION:

A. A candidate choosing to obtain financing pursuant to the Voter Action Act shall abide by Section 1-19A-3 NMSA 1978 to become an applicant candidate.

B. A candidate choosing to become a certified candidate shall abide by Section 1-19A-4 NMSA 1978 for obtaining qualifying contributions.

C. A candidate choosing to become a certified candidate may abide by Section 1-19A-5 NMSA 1978 for obtaining seed money.

D. A candidate choosing to become a certified candidate shall abide by Section 1-19A-6 NMSA 1978 for submittal of certification documents. A candidate shall submit the qualifying contributions by a consolidated cashiers check or by cash.

E. The secretary of state shall determine whether an applicant candidate shall become a certified candidate pursuant to Section 1-19A-6 NMSA 1978.

[1.10.27.8 NMAC - N, 9-30-2005; A, 10-15-2007]

1.10.27.9 DETERMINATION OF FUND DISTRIBUTION:

A. On August 1, of every odd year, the secretary of state shall determine the amount of funds available for distribution pursuant to Section 1-19A-13 NMSA 1978.

B. To determine the amount available for a contested primary election, the secretary of state shall follow Subsection B of Section 1-19A-13 NMSA 1978.

C. To determine the amount available for an uncontested primary election, the secretary of state shall follow Subsection C of Section 1-19A-13 NMSA 1978.

D. To determine the amount available for a contested general election, the secretary of state shall follow Subsection D of Section 1-19A-13 NMSA 1978.

E. To determine the amount available for an uncontested general election, the secretary of state shall follow Subsection E of Section 1-19A-13 NMSA 1978.

F. The Voter Action Act does not include judicial retention elections.

[1.10.27.9 NMAC - N, 9-30-2005; A, 10-15-2007]

1.10.27.10 DISTRIBUTION OF FUND:

A. Once the certification for candidates for the primary election has been completed, the secretary of state shall calculate the total amount of money to be distributed in the primary election cycle based on the number of certified candidates and allocations specified in 1.10.27.9 NMAC.

B. The secretary of state shall abide by Subsection F of Section 1-19A-13 NMSA 1978 if the total needs to be adjusted.

C. The secretary of state shall calculate the total amount of money to be distributed in the general election pursuant to 1.10.26.9 NMAC and Subsection F of Section 1-19A-13 NMSA 1978.

D. If the allocation specified in Subsection F of Section 1-19A-13 is greater than the total amount available for distribution, then the amounts to be distributed to individual candidates shall be reduced pursuant to Subsection G of Section 1-19A-13 NMSA 1978.

E. The secretary of state shall abide by Section 1-19A-14 NMSA 1978 if the total needs to be adjusted due to the actions of a noncertified candidate.

[1.10.27.10 NMAC - N, 9-30-2005]

1.10.27.11 FUND REVENUES:

A. The legislature has set up the public election fund pursuant to Section 1-19A-10 NMSA 1978 governing the collection of revenues to provide for the fund.

B. A certified candidate shall return to the fund unspent fund revenues and any other relevant funds pursuant to Subsection E of Section 1-19A-5, Subsections B to E of Section 1-19A-7 and Subsection D of Section 1-19A-16 NMSA 1978.

[1.10.27.11 NMAC - N, 9-30-2005]

History of 1.10.27 NMAC: [RESERVED]