Moores, 061720 NMAGO, IAL 041720

• Case Date: June 17, 2020
• Court: New Mexico

The Honorable Mark Moores IAL 04172020 New Mexico Attorney General Opinion State of New Mexico Office of the Attorney General June 17, 2020           Hector H. Balderas Attorney General          The Honorable Mark Moores          New Mexico State Senator          R-Bernalillo-21          PO Box 90970          Albuquerque, New Mexico 87199          Re: Opinion Request - Restrictions of Campaign Committee Contribution to a Municipal Measure Finance Committee          Dear Senator Moores:          You requested our advice regarding whether donations from a state campaign committee^[1] to a municipal candidate or local committee advocating for a municipal candidate violate the New Mexico Campaign Reporting Act, NMSA 1978 Section 1-19-29.1. As explained below, we conclude that the New Mexico Campaign Reporting Act does not prohibit campaign committees from contributing to local or municipal candidates or local committees advocating for a municipal candidate. It is important, however, to review local and federal regulations to ensure further restrictions do not exist for a candidate.          In New Mexico, the Campaign Reporting Act provides seven permitted uses of campaign account monies. NMSA 1978, Section 1-19-29.1(A)(6) (1993, as amended through 2009). One permitted use is to make "donations to a political committee^[2] or to another candidate seeking election to public office." Id. In two previous advisory letters, our office has opined that the Campaign Reporting Act does not make a distinction between a federal, state or local candidate and a common sense reading of the law is that a donation to a candidate for any public office - federal, state or local is permissible." See July 23, 2009 N.M. Att'y Gen. Advisory Letter; June 24, 2010 N.M. Att'y Gen. Advisory Letter; and Section 1-19-29.1(A)(6).          Because Section 1-19-29.1 has not been amended in the interim, we believe it is permissible under the New Mexico Campaign Reporting Act for a state campaign committee to make a donation to a municipal candidate or local committee advocating for a...