A. Upon receipt of a final submittal of qualifying contributions by an applicant candidate, the secretary shall determine from the applicant candidate's statement whether the applicant candidate has:
(1) signed and filed a declaration of intent to obtain financing pursuant to the Voter Action Act in accordance with the requirements of that act;
(2) collected and submitted the appropriate number of qualifying contributions after filing a declaration of intent;
(3) met the qualifications to be a candidate pursuant to other applicable state election law;
(4) complied with contribution and expenditure restrictions; and
(5) otherwise met the requirements for obtaining financing pursuant to the Voter Action Act.
B. The secretary shall certify applicant candidates complying with the requirements of this section as certified candidates as soon as possible and no later than ten days after final submittal of qualifying contributions and certification as a candidate pursuant to other applicable state election law.
C. A certified candidate shall comply with all requirements of the Voter Action Act after certification and throughout the primary election and general election cycles. A certified candidate who accepts public campaign finance funds for the primary election shall comply with all the requirements of the Voter Action Act for the remainder of the election cycle in question, even if the certified candidate decides not to accept such funds for the general election.
History: Laws 2003, ch. 14, § 6; 2019, ch. 175, § 4.
The 2019 amendment, effective July 1, 2019, revised the process for certifying candidates by requiring the secretary of state to determine whether an applicant candidate has met the requirements for certification from the applicant candidate's signed statement; and in Subsection A, added "from the applicant candidate's statement", in Paragraph A(2), added "collected and", and after "qualifying contributions", added "after filing a declaration of intent", in Paragraph A(3), deleted "qualified as" and added "met the qualifications", and in Paragraph A(4), deleted "seed money".
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.