A. By September 1 of each odd-numbered year, the secretary shall determine the amount of money to be distributed to each certified candidate for the election cycle ending with the next general election, based on the type of election and the provisions of Subsections B through G of this section.
B. For contested primary elections, the amount of money to be distributed to a certified candidate is equal to the following:
(1) for the office of district judge, for each voter of the candidate's party in the district of the office for which the candidate is running:
(a) fifteen cents ($.15) in a district with four hundred thousand or more voters;
(b) twenty-five cents ($.25) in a district with two hundred thousand or more but fewer than four hundred thousand voters;
(c) forty cents ($.40) in a district with one hundred thousand or more but fewer than two hundred thousand voters; and
(d) fifty-five cents ($.55) in a district with fewer than one hundred thousand voters; and
(2) for the office of justice of the supreme court or judge of the court of appeals, fifteen cents ($.15) for each voter of the candidate's party in the state.
C. For uncontested primary elections in which another candidate has filed a declaration of candidacy for nomination in another party's primary for the same office and that candidate's primary is contested, the amount of money to be distributed to a certified candidate is equal to twenty percent of the amount specified in Subsection B of this section.
D. For uncontested primary elections in which another candidate has filed a declaration of candidacy for nomination in another party's primary for the same office, but no primary for the office is contested, the amount of money to be distributed to a certified candidate is equal to the average of the amount each candidate would receive pursuant to Subsection B of this section.
E. For contested general elections, the amount of money to be distributed to a certified candidate is equal to the following:
(1) for the office of district judge, for each voter in the district of the office for which the candidate is running:
(a) fifteen cents ($.15) in a district with four hundred thousand or more voters;
(b) twenty-five cents ($.25) in a district with two hundred thousand or more but fewer than four hundred thousand voters;
(c) forty cents ($.40) in a district with one hundred thousand or more but fewer than two hundred thousand voters; and
(d) fifty-five cents ($.55) in a district with fewer than one hundred thousand voters; and
(2) for the office of justice of the supreme court or judge of the court of appeals, fifteen cents ($.15) for each voter in the state.
F. If a general election race that is initially uncontested later becomes contested because of the qualification of a candidate for that race, an amount of money shall be distributed to the certified candidate to make that candidate's distribution amount equal to the amount distributed pursuant to Subsection E of this section.
G. Once the certification for candidates for the primary election has been completed, the secretary shall calculate the total amount of money to be distributed in the primary election cycle, based on the number of certified candidates and the allocations specified in this section. The secretary shall also prepare an estimate of the total amount of money that might be distributed in the general election cycle. If the total amount to be distributed in the primary election cycle and the estimated total amount to be distributed in the general election cycle taken together exceed the amount expected to be available in the fund, the secretary shall allocate the amount available between the primary and general election cycles. This allocation shall be based on the ratio of the two total amounts.
H. If the allocation specified in Subsection G of this section is greater than the total amount available for distribution, then the amounts to be distributed to individual candidates, specified in Subsections B through F of this section, shall each be reduced by the same percentage as the reduction by which the total amount needed has been reduced relative to the total amount available.
I. At least every two years, the secretary shall evaluate and modify as necessary the dollar values originally determined by Subsections B through F of this section and shall increase the amounts by the percentage of the preceding two calendar years' increase of the consumer price index for all urban consumers, United States city average for all items, published by the United States department of labor.
J. No money shall be distributed to candidates in judicial retention elections, and except as provided in Subsections C, D and F of this section, no money shall be distributed to a candidate in an uncontested election.
History: Laws 2003, ch. 14, § 13; 2007 (1st S.S.), ch. 2, § 6; 2019, ch. 175, § 9; 2020, ch. 9, § 13; 2021, ch. 57, § 4
Repeals. — Laws 2021, ch. 57, § 5, effective June 18, 2021, repealed Laws 2020, ch. 9, §§ 10 through 13, which would have become effective January 1, 2023.
The 2021 amendment, effective June 18, 2021, prescribed distribution amounts from the public election fund to each certified candidate based on the type of election; in Subsection B, Paragraph B(1), after "for the office of", deleted "public regulation commissioner, twenty-five cents ($.25)" and added "district judge", and added Subparagraphs B(1)(a) through B(1)(d), and in Paragraph B(2), after "supreme court", deleted "and" and added "or"; and in Subsection E, Paragraph E(1), after "for the office of", deleted "public regulation commissioner, twenty-five cents ($.25)" and added "district judge", and added Subparagraphs E(1)(a) through E(1)(d), and in Paragraph E(2), after "supreme court", deleted "and" and added "or".
The 2019 amendment, effective July 1, 2019, revised the amounts distributed from the public election fund; in Subsection A, deleted "August 1, 2007" and added "September 1 of each odd-numbered year", after "general election", deleted "in 2008", and after "Subsections B through", deleted "F" and added "G"; in Subsection C, after "primary elections", added "in which another candidate has filed a declaration of candidacy for nomination in another party's primary for the same office and that candidate's primary is contested", and after "equal to", deleted "fifty" and added "twenty"; added a new Subsection D and redesignated former Subsections D through I as Subsections E through J, respectively; in Subsection F, deleted "For uncontested general elections, except as provided in Subsection I of this section, the amount of money to be distributed to a certified candidate is equal to fifty percent of the amount specified in Subsection D of this section", and after "the qualification of", deleted "an independent or minor party candidate to appear on the ballot" and added "a candidate"; in Subsection G, deleted "The secretary shall increase the total amount by twenty percent to provide funds for additional matching funds in the primary election.", deleted "This estimate shall be increased by twenty percent to provide funds for additional matching funds in the general election.", after "primary election cycle", deleted "plus the added twenty percent", and after "general election cycle", deleted "plus the added twenty percent, all"; in Subsection H, after "Subsection", deleted "F" and added "G", and after "Subsections B through", deleted "C" and added "F"; in Subsection I, deleted "consider and account for inflation in the evaluations" and added "increase the amounts by the percentage of the preceding two calendar years' increase of the consumer price index for all urban consumers, United States city average for all items, published by the United States department of labor"; and in Subsection J, deleted "No money shall be distributed to judicial candidates in uncontested general elections; provided that if a general election race that is initially uncontested later becomes contested, the certified judicial candidate shall receive a distribution in accordance with Subsection D of this section" and added "and except as provided in Subsections C, D and F of this section, no money shall be distributed to a candidate in an uncontested election".
The 2007 amendment, effective June 28, 2007, in Subsection A, changed "April 1, 2005" to "August 1, 2007"; added Paragraphs (1) and (2) of Subsections B and D; provided that for uncontested primary elections and uncontested general elections, the distribution shall be based on the amount specified in Subsection D; eliminated the provision that provided the method for determining the distribution if the preceding four election cycles did not provide sufficient data; and added Subsection I relating to judicial retention elections.
Structure New Mexico Statutes
Section 1-19A-1 - Short title.
Section 1-19A-2 - Definitions.
Section 1-19A-3 - Terms of participation; declaration of intent.
Section 1-19A-4 - Qualifying contributions.
Section 1-19A-4.1 - Allowable contributions.
Section 1-19A-6 - Certification.
Section 1-19A-8 - Political party expenditures; contributions to certified candidates.
Section 1-19A-9 - Candidate reporting requirements.
Section 1-19A-10 - Public election fund; creation; use.
Section 1-19A-11 - Determination of fund amount.
Section 1-19A-12 - Timing of fund distribution.
Section 1-19A-13 - Amount of fund distribution.
Section 1-19A-15 - Administration; secretary of state; duties.