IAL 051908a.

• Case Date: May 19, 2008
• Court: New Mexico

New Mexico Attorney Gen eral Opinions 2008. IAL 051908a. May 19, 2008IAL 051908aThe Honorable Debbie A. RodellaNew Mexico State Representative P.O. Box 1074 Ohkay Owingeh, NM 87566 Re: Opinion Request - Permissible Campaign ExpendituresDear Representative Rodella: You have asked whether a state legislator's use of campaign funds to make small purchases that benefit voters and potential voters, with the intent of garnering their good will, constitutes legitimate campaign expenditures under Section 1-19-29.1(A)(1) of the Campaign Reporting Act, NMSA 1978, Sections 1-19-25 through 1-19-36 (the "Act") (as amended through 2003). More specifically, you ask whether (1) distributing calling cards to voters and potential voters who are in the National Guard and being deployed to Iraq, (2) handing out phone cards to students leaving for college, (3) paying the lunch tab of a group of persons at a restaurant, and (4) hosting a pizza party or holiday party are permissible campaign expenditures. You also ask what distinctions may be made between these and other types of expenditures, such as the difference, if any, between giving persons at a campaign event ten-dollar ($10.00) phone cards versus giving persons ten-dollar bills ($10.00). Finally, you ask whether the answer to your questions depends on the kind of campaigning associated with the gift. As discussed below, we conclude that even if the expenditures you describe are permissible under the Campaign Reporting Act, they may constitute illegal bribes under the Election Code. The Campaign Reporting Act makes it unlawful for any candidate to make an expenditure of contributions received, except for the purposes specified or otherwise provided in the Act. See NMSA 1978, § 1-19-29.1 (1995). "[E]xpenditures of the campaign" are among the expenditures expressly allowed by the Act. Id. The Act defines "expenditures" as a payment, transfer, distribution or obligation or promise to pay, transfer or distribute any money or other thing of value for a political purpose. See NMSA 1978, § 1-19-26(J) (1995) (emphasis added). A "political purpose" means "influencing or attempting to influence an election or pre-primary convention ...." NMSA 1978, § 1-19-26(M) (1995). The Act does not define the term "campaign" or distinguish between different types of campaign events.(fn1) A plain...