AGO IAL081707.

• Case Date: August 17, 2007
• Court: New Mexico

New Mexico Attorney General Opinions 2007. AGO IAL081707. IAL081707August 17, 2007The Honorable Eric A. YoungbergNew Mexico State Representative 5315 Montano Plaza Drive NWAlbuquerque, NM 87120 Re: Request for Opinion -- Disclosure and Prohibition of Campaign ContributionsDear Representative Youngberg: You requested our advice on whether a prospective contractor is required to disclose or can be prohibited from making contributions to a public official's campaign for federal office. More specifically, you asked whether contributions to the Governor's or the Attorney General's federal campaign must be disclosed pursuant to NMSA 1978, Section 13-1-191.1 (2007). This issue arose after the New Mexico Attorney General issued Opinion No. 07-01 that noted the applicability of federal preemption to state laws governing candidates for federal office. Based on our examination of the relevant New Mexico constitutional, statutory and case law authorities, and on the information available to us at this time, we conclude that Section 13-1-191.1(F) is impermissible to the extent that it places a limitation on contributions to candidates for federal office. We further conclude that Section 13-1-191.1(B) is permissible and that a prospective contractor must disclose campaign contributions made to a local or state public official's federal campaign. The purpose of the Procurement Code, NMSA 1978, §§ 13-1-28 to -199 (1984, as amended through 2006), is "to provide for the fair and equitable treatment of all persons involved in public procurement, to maximize the purchasing value of public funds and to provide safeguards for maintaining a procurement system of quality and integrity." NMSA 1978, § 13-1-29(C) (1984). In 2006, the state legislature amended the Code to provide that a prospective contractor shall disclose all campaign contributions given to an applicable public official of the state but shall be forbidden from contributing during the procurement and negotiating process. See NMSA 1978, § 13-1-191.1 (2007). An applicable public official is defined as "a person elected to an office or a person appointed to complete a term of an elected office who has the authority to award or influence the contract." NMSA 1978, § 13-1-191.1(G)(1) (2006). Since the purpose of the Procurement Code is to regulate fairness and equality, it focuses...