AGO 07-01.

• Case Date: February 07, 2007
• Court: New Mexico

New Mexico Attorney General Opinions 2007. AGO 07-01. February 7, 2007 OPINION OF GARY K. KING Attorney GeneralOpinion No. 07-01BY: Zachary Shandler Assistant Attorney GeneralTO: The Honorable Leonard Lee RawsonState Senator, District 37P.O. Box 996 Las Cruces, New Mexico 88004QUESTION:Whether the legislative session fundraising prohibition in the State Campaign Reporting Act, NMSA 1978, Section 1-19-34.1 and the State Lobbyist Regulation Act, NMSA 1978 Section 2-11-8.1 apply to contributions to candidates for federal office?CONCLUSION: Based on the doctrine of Federal Preemption, the prohibitions in the State Campaign Reporting Act and State Lobbyist Regulation Act do not regulate contributions to candidates for federal office. FACTS: This is the second request to a state agency in the last four years to opine on the legislative session fundraising prohibition as it relates to a state elected official seeking federal office. In 2003, the Secretary of State's office was asked whether state Senator Richard Romero, as a candidate for United States Representative, was subject to the prohibition. The letter cited to a federal court case, Teper v. Miller, 82 F. 3d 989 (11th Cir. 1996), which stated that federal campaign finance laws preempted a Georgia state law that prohibited fundraising during a legislative session. The Secretary of State letter also cited to a section of the State Campaign Reporting Act, NMSA 1978, Section 1-19-37, and found that it did not apply to candidates for federal office. The Secretary of State's office concluded: "Senator Romero's congressional fundraising activities would appear to be exempt from Section 1-19-34.1." Letter to Mr. David Duhigg from Denise Lamb, Bureau of Elections, October 22, 2003. In January 2007, Governor Bill Richardson announced that he is seeking the Office of President of the United States.(fn1) On January 30, 2007, our office received your letter regarding the legislative session fundraising prohibition under the State Campaign Reporting Act and State Lobbyist Regulation Act. The legislative session prohibition reads: "It is unlawful during the prohibited period for a state legislator or a candidate for state legislator ? to knowingly solicit a contribution for a political purpose." NMSA 1978, Section 1-19-34.1(A) (1995). "It is unlawful during the prohibited period for the governor ? to knowingly solicit a contribution for a political purpose." NMSA 1978, Section 1-19-34.1(B) (1995). A "political purpose" is...