A. Any person who knowingly and willfully violates any provision of the Campaign Reporting Act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.
B. The Campaign Reporting Act may be enforced by the attorney general or the district attorney in the county where the candidate resides, where a political committee has its principal place of business or where the violation occurred.
History: 1978 Comp., § 1-19-36, enacted by Laws 1979, ch. 360, § 12; 1993, ch. 46, § 17; 1995, ch. 153, § 17; 2019, ch. 262, § 14; 2021, ch. 109, § 7.
Cross references. — For penalty for late filing or failure to file, see 1-19-35 NMSA 1978.
For election offenses and penalties in general, see 1-20-1 NMSA 1978 et seq.
The 2021 amendment, effective July 1, 2021, in the section heading, added "Criminal" preceding "penalties".
The 2019 amendment, effective July 1, 2019, in the section heading, deleted "criminal enforcement".
The 1995 amendment, effective June 16, 1995, added "criminal" in the section heading and substituted "provision" for "of the provisions" in Subsection A.
The 1993 amendment, effective July 1, 1993, inserted "enforcement" in the section heading and rewrote this section to the extent that a detailed comparison is impracticable.
Intent is required for a violation of the Campaign Reporting Act. — Persons who make contributions in excess of the various contribution limits in the Campaign Reporting Act are subject to criminal penalties and sanctions if they knowingly and willfully violated the limitations on campaign contributions. 2010 Op. Att'y Gen. No. 10-03.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 379.
29 C.J.S. Elections § 329.
Structure New Mexico Statutes
Article 19 - Campaign Practices
Section 1-19-2 to 1-19-15 - Repealed.
Section 1-19-18 to 1-19-24 - Repealed.
Section 1-19-25 - Short title.
Section 1-19-26 - Definitions.
Section 1-19-26.1 - Political committees; registration; disclosures; penalties.
Section 1-19-26.2 - Rules and regulations.
Section 1-19-26.4 - Disclaimers in advertisements.
Section 1-19-26.5 - Political committees; acknowledgment of responsibilities; penalty.
Section 1-19-26.6 - Political committees; notice of resignation or removal of treasurer.
Section 1-19-27 - Reports required; electronic reporting system; campaign reporting system fund.
Section 1-19-27.3 - Independent expenditures; reporting requirements.
Section 1-19-28 - Furnishing report forms; political committees; candidates.
Section 1-19-29 - Time and place of filing reports.
Section 1-19-29.1 - Campaign funds; limitation on use.
Section 1-19-31 - Contents of report.
Section 1-19-32 - Inspection of public records.
Section 1-19-32.1 - Reports examination; forwarding of reports.
Section 1-19-34.1 - Legislative session fundraising prohibition.
Section 1-19-34.2 - Regulated industry solicitations prohibited.
Section 1-19-34.4 - Education and voluntary compliance; investigations; referrals for enforcement.
Section 1-19-34.5 - Presumptions; civil action.
Section 1-19-34.6 - Civil penalties.
Section 1-19-34.7 - Contribution limitations; candidates; political committees.
Section 1-19-34.8 - State ethics commission; jurisdiction.
Section 1-19-35 - Reports and statements; late filing penalty; failure to file.