Updating Public Campaign Finance Code (Bill)

Extracted text

10762.1 1
CITY OF SANTA FE, NEW MEXICO1
BILL NO. 2026-132
INTRODUCED BY:3
4
Councilor Alma Castro5
6
7
8
9
A BILL10
AMENDING THE CITY OF SANTA FE’S PUBLIC CAMPAIGN FINANCE CODE,11
CHAPTER 9-3 SFCC 1987, TO INCREASE THE AMOUNT OF FUNDING AVAILABLE12
FOR PUBLICLY FINANCED CANDIDATES FOR MUNICIPAL OFFICE; INCREASING13
THE FUNDING AMOUNTS FOR CITY COUNCIL, MUNICIPAL JUDGE, AND14
MAYORAL CANDIDATES; REPEALING SECTION 9-3.12 SFCC 1987, QUALIFIED15
SMALL CONTRIBUTIONS; AND REPEALING SECTION 9-3.13 SFCC 1987,16
ADDITIONAL REPORTS OF QUALFIED SMALL CONTRIBUTIONS; ADDITIONAL17
MATCHING PAYMENTS FROM THE FUND.18
19
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SANTA FE:20
Section 1. Section 9-2.3 of SFCC 1987 (being Ord. No. 2023-13, § 2, as amended)21
is amended to read:22
As used in the Campaign and Public Campaign Finance Codes:23
A. Advertisement means a communication referring to a candidate or ballot question that24
is published, disseminated, distributed, or displayed to the public by print, broadcast,25
underscored material = new [bracketed material] = delete

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satellite, cable or electronic media, including recorded phone messages, or by printed1
materials, including mailers, handbills, signs and billboards, but does not include any2
of the following:3
(1) A communication by a membership organization or corporation to its current4
members, stockholders or executive or administrative personnel;5
(2) A communication appearing in a news story or editorial distributed through a print,6
broadcast, satellite, cable or electronic medium;7
(3) A candidate debate or forum or a communication announcing a candidate debate8
or forum paid for on behalf of the sponsor of the debate or forum; provided that9
two or more candidates for the same position have been invited to participate or,10
in the case of an uncontested election, that the sponsor invited the single candidate11
for the position to participate;12
(4) Nonpartisan voter guides allowed by the federal Internal Revenue code of 1986,13
as amended, for Section 501(c)(3) organizations; or14
(5) Statements made to a court or administrative board in the course of a formal15
judicial or administrative proceeding.16
B. Anonymous contribution means a contribution for which any of the information17
required to be recorded or reported by the Campaign Code is unknown to the persons18
who are required to record or report it.19
C. Ballot proposition means any measure, amendment or other question submitted to, or20
proposed for submission to, a popular vote at a Santa Fe election.21
D. Campaign depository means a bank, mutual savings bank, saving and loan association22
or credit unition doing business in this state under which a campaign account or23
accounts are maintained.24
E. Campaign finance statement means a report of all contributions received and25

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expenditures made according to a form prescribed by the city clerk which, when1
completed and filed, provides the information required in the sections to follow.2
F. Campaign materials means any published communication, electronic or otherwise,3
disseminated to more than one hundred (100) persons that either supports the election4
or defeat of any identifiable candidate or candidates or supports the approval or defeat5
of a ballot proposal, other than communications to, or editorials, reports, or6
commentary by news media.7
G. Campaign treasurer means the individual who is responsible for keeping the financial8
records of the political committee or candidates (the candidate may be their own9
campaign treasurer or deputy campaign treasurer).10
H. Candidate means any individual who seeks election to a Santa Fe municipal office. An11
individual shall be a candidate when:12
(1) The individual announces publicly;13
(2) The individual files for office;14
(3) The individual accepts contributions or makes expenditures; or15
(4) Any activity is held to promote an election campaign of the individual, if that16
activity is endorsed or supported by that individual or if the benefits of such17
activity are later accepted by the individual.18
I. Charity means an organization that is exempted form federal taxation by Title 2619
United States Code, Section 501(c)(3).20
J. Contribution means a loan, loan guarantee, gift, advance, pledge, contract, agreement21
or promise of money or anything of value or other obligation, whether or not these22
items are legally enforceable, made directly or indirectly, to a candidate or political23
committee, or to a person obligated to file a report under Subsection 9-2.6 SFCC 1987,24
for the purpose of supporting the election or defeat of any identifiable candidate or the25

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approval or defeat of a ballot proposition.1
(1) The term “contribution” includes:2
(a) The transfer of funds or anything of value between political committees;3
(b) The transfer of anything of value for less than full consideration;4
(c) Interest, dividends or other income derived from the investment of campaign5
funds;6
(d) The payment for the services of an individual serving on behalf of a candidate7
or political committee, which payments are made by a third party;8
(e) The purchase of tickets for fundraising events such a dinners, rallies, raffles,9
etc. and the proceeds of collections at fundraising events; and10
(f) A coordinated expenditure.11
(2) The term “contribution” does not include a volunteer’s personal services provided12
without compensation or the travel or personal expenses of such a campaign13
worker.14
K. Contributor means:15
(1) Individual contributor means an individual who makes a contribution from their16
personal assets which are not those of a business, corporation, partnership, labor17
organization, unincorporated association or political committee.18
(2) Business or organizational contributor means an individual who uses the assets of19
a business, corporation, partnership, labor organization, unincorporated20
association or political committee as a contribution, or any business, corporation,21
partnership, labor organization, unincorporated association or political committee22
which makes a contribution.23
L. Coordinated expenditure means an expenditure that is made24
(1) By an individual or entity other than a candidate or the candidate’s political25

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committee; and1
(2) In cooperation, consultation, or concert with, or at the request or suggestion of, a2
candidate, his/her representatives or agents or the candidate’s political committee,3
including but not limited to, the following examples in subsections 9-2.3(K)(2)(a)-4
(d):5
(a) There has been substantial discussion between the individual or entity making6
the expenditure and the candidate, candidate’s political committee, or his/her7
representatives or agents. Substantial discussion includes, but is not limited to,8
an exchange of campaign strategies, polling information, voter lists or any9
other similar information that would facilitate the election or defeat of a10
candidate.11
(b) An entity making the expenditure is directly or indirectly formed or established12
by or at the request or suggestion of, or with the encouragement of the13
candidate, candidate’s political committee, or his/her representatives or agents.14
(c) The candidate, candidate’s political committee or his/her representatives or15
agents has solicited funds or engaged in other fundraising activities on behalf16
of the person or entity making the expenditure during the twelve-month (12)17
period preceding the date of the expenditure. Fundraising activities include,18
but are not limited to, exchanging names of potential donors or other lists to19
be used in engaging in fundraising activity, regardless of whether or not the20
individual or entity pays fair market value for the names or lists provided; or21
being a featured guest or speaker at a fundraising event for the benefit of the22
entity making the expenditure.23
(d) If the individual or entity making the expenditure has employed, has in a24
leadership position, or has accepted a donation of the campaign related25

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professional services of any person, who, during the twelve-month period1
preceding the date of the expenditure, has been an employee of, has advised,2
or provided or is providing services to the candidate or candidate’s political3
committee. These services include, but are not limited to, any services in4
support of the candidate’s or candidate’s political committee’s campaign5
activities, such as advertising, message, strategy or policy services, polling,6
allocation of resources, fundraising or campaign operations.7
(e) An expenditure is not a coordinated expenditure solely because:8
(f) The individual or entity and a candidate or candidate’s political committee use9
the same vendor to provide polling services, printing or distribution services10
or physical space, provided that the vendor has in place prior to the expenditure11
a firewall to ensure that there is no exchange of information between the12
individual or entity and the candidate or campaign committee. Evidence of an13
adequate firewall is a vendor’s formal written policy or a contractual14
agreement with the vendor prohibiting the exchange of information between15
the individual or entity and the candidate or candidate’s political committee,16
which policy or contract is distributed to all relevant employees, consultants,17
and clients affected by the policy or contract. The firewall shall be designed18
and implemented to prohibit the flow of information between employees and19
consultants providing services to the individual and entity and to those20
currently or previously providing services to the candidate or candidate’s21
political committee. Coordination will be presumed in the absence of such a22
firewall; or23
(g) The individual or entity making the expenditure interviews a candidate; has24
endorsed a candidate; has obtained from the candidate a biography of the25

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candidate or a position paper, press release, or similar material about the1
candidate; has invited the candidate to make an appearance before the person’s2
members, employees or shareholders; or has shared space with a candidate or3
candidate’s political committee for one or more single events of limited4
duration.5
M. Election means any regular or special Santa Fe municipal election.6
N. Expenditure means a payment, transfer, distribution, or obligation, or promise to pay,7
transfer or distribute any money or other thing of value for a political purpose,8
including payment of a debt incurred in an election campaign.9
O. Fund means the public campaign finance fund created by subsection 9-3.4 SFCC 1987.10
P. Independent expenditure means an expenditure that is11
(1) Made by a person other than a candidate or campaign;12
(2) Not a coordinated expenditure as defined in Section 9-2, the campaign code; and13
(3) Made to pay for an advertisement that:14
(a) Expressly advocates the election or defeat of an identifiable candidate or the15
passage or defeat or an identifiable question;16
(b) Is susceptible to no other reasonable interpretation than as an appeal to vote17
for or against a clearly identified candidate or ballot question; or18
(c) Refers to a clearly identified candidate or ballot question and is published and19
disseminated to the electorate in Santa Fe within sixty (60) days before the20
election at which the candidate or ballot question is on the ballot.21
Q. Non-participating candidate means a candidate who is not a candidate participating in22
the public campaign finance fund.23
R. Political committee means any entity that:24
(1) Is formed for the principal purpose of:25

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(a) Raising or collecting, and expending or contributing money or anything of1
value for supporting the election or defeat of any identifiable candidate or2
candidates or for supporting the approval or defeat of ballot propositions; or3
(b) Coordinating or cooperating in efforts to support the election or defeat of any4
identifiable candidates or of supporting the approval or defeat of any ballot5
propositions; and6
(2) Expends five thousand dollars ($5,000.00) or more in the aggregate for these7
principal purposes during a single election.8
S. Publicly financed candidate means a candidate who has qualified and has been9
certified pursuant to subsection 9-3.9 SFCC 1987 as eligible to receive payments from10
the fund.11
T. Qualified elector means a person who is registered to vote in the city of Santa Fe.12
[U. Qualified small contribution means a contribution of no more than one hundred dollars13
($100.00) made and accepted in compliance with the provisions of subsection 9-3.1214
SFCC 1987.]15
[V.]U. Qualifying contribution means a contribution of five dollars ($5.00) that is received16
from a qualifying elector during the qualifying period by a candidate seeking to17
become a publicly financed candidate. A candidate for councilor shall only receive18
qualifying contributions from qualified electors registered to vote in the council district19
in which the candidate is running.20
[W.]V. Qualifying period means the period during which a candidate seeking to become a21
publicly financed candidate is permitted to collect qualifying contributions and to22
apply for certification as a publicly financed candidate. It begins one hundred eighty-23
three (183) days before the election and ends one hundred six (106) days before the24
election.25

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[X.]W. Race means the electoral process in which one (1) or more candidates run and one1
(1) candidate is elected to the office of mayor, municipal judge, or city councilor for a2
particular district.3
[Y.]X. Seed money contributions means a contribution of no more than one hundred dollars4
($100.00) made and accepted in compliance with the provisions of subsection 9-3.65
SFCC 1987 and used exclusively for the purpose specified in that subsection.6
[Z.]Y. Uncontested race means a race in which there is only one (1) candidate for the office7
sought.8
Section 2. Section 9-3.4 of SFCC 1987 (being Ord. No. 2018-28, § 6) is amended9
to read:10
9-3.4 Public Campaign Finance Fund.11
A. A dedicated public campaign finance fund ("the fund") is established to be12
administered by the city clerk for the purpose of providing public financing for the13
election 5 campaigns of participating candidates. Monies in the fund and disbursed14
from the fund to 6 participating candidates are public monies entrusted to the15
candidates to be used solely for the 7 public purposes specified in this Section 9-316
SFCC 1987.17
B. Each fiscal year, the sum of [one hundred fifty thousand dollars ($150,000.00)]18
three hundred thousand dollars ($300,000.00) shall be deposited for and deposited19
in the fund.20
C. The governing body shall appropriate and deposit in the fund such additional sums,21
if any, as may be necessary to ensure:22
(1) That the balance in the fund one hundred nineteen (119) days preceding23
each election for mayor and four (4) council seats is at least six hundred24
thousand dollars ($600,000.00); and25

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(2) That the balance in the fund one hundred nineteen (119) days preceding1
each election for municipal judge and four (4) council seats is at least three2
hundred thousand dollars ($300,000.00).3
D. In addition to the deposits required by paragraphs B. and C. of this subsection, the4
following shall also be deposited in the fund:5
(1) All seed money contributions received by candidates seeking to become6
certified as participating candidates which remain unspent;7
(2) All qualifying contributions received by candidates seeking to become8
certified as participating candidates;9
(3) All amounts paid from the fund to participating candidates which have not10
been spent or obligated as of the date of the election;11
(4) All fines levied by the ethics and campaign review board or as decreed by12
a court of competent jurisdiction as a condition of probation13
(5) Voluntary donations made to the fund;14
(6) All interest and other income earned from investment of the fund; and15
(7) Such other appropriations to the fund as may be made by the governing16
body as necessary to fulfill the requirements of this section 9-3 SFCC17
1987.18
E. A deposit to the fund pursuant to paragraph B. of this subsection shall not be made19
if the balance in the fund prior to the deposit exceeds eight hundred thousand20
dollars ($800,000.00). If a deposit to the fund pursuant to paragraph B. of this21
subsection would cause the balance in the fund to exceed eight hundred thousand22
dollars ($800,000.00), only so much of the deposit shall be made as will increase23
the balance to that amount and no more.24
Section 3. Section 9-3.10 of SFCC 1987 (being Ord. No. 2023-13, § 17) is25

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amended to read:1
9-3.10 – Payments to Publicly Financed Candidates.2
A. Within three (3) business days of certifying a candidate as a publicly financed3
candidate, the city clerk shall disburse to the candidate from the fund:4
(1) [Sixty thousand dollars ($60,000.00)] One hundred twenty thousand5
dollars ($120,000) for a candidate in a contested race for the office of6
mayor;7
(2) [Fifteen thousand dollars ($15,000.00)] Thirty thousand dollars ($30,000)8
for a candidate in a contested race for the office of city councilor;9
(3) [Fifteen thousand dollars ($15,000.00)] Thirty thousand dollars ($30,000)10
for a candidate in a contested race for the office of municipal judge; or11
(4) For a candidate in an uncontested race, ten percent (10%) of the amount12
would be due to a candidate in a contested race for the same office.13
B. If the amounts required to be paid to candidates under paragraph A of this14
subsection exceed the total amount available in the fund, each payment shall be15
reduced in proportion to the amount of such excess. Any such proportionate16
reduction in the payment due to any candidate under paragraph A of this subsection17
shall give the candidate the option to reject the payment and to withdraw as a18
publicly financed candidate. A candidate who withdraws as a publicly financed19
candidate pursuant to this paragraph shall file an affidavit with the city clerk so20
stating and shall thenceforth be treated for all purposes as a non-publicly financed21
candidate relieved of all obligations and restrictions and excluded from all benefits22
and exemptions imposed or conferred on a publicly financed candidate by23
this Section 9-3 SFCC 1987.24
C. Within five (5) business days of the candidate's receipt of the amount disbursed25

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under paragraph A of this subsection or the city clerk's refusal to certify the1
candidate as a publicly financed candidate pursuant to paragraph A of2
subsection 9-3.9 SFCC 1987, whichever is sooner, the candidate shall pay the city3
clerk for deposit in the fund any amount of seed money that has been temporarily4
retained by the candidate for the purpose of keeping open the bank account in the5
campaign depository pursuant to paragraph E of subsection 9-3.6 SFCC 1987.6
Section 4. Section 9-3.12 of SFCC 1987 (being Ord 2023-13 § 18,) is repealed:7
[9-3.12 – Qualified small contributions.8
A. A Publicly financed candidate may solicit and accept qualified small contributions9
beginning on the date on which the candidate is certified as a publicly financed10
candidate pursuant to subsection 9-3.9(A) SFCC 1987.11
B. The aggregate amount of qualified small contributions from any one contributor to any12
one candidate shall not exceed one hundred dollars ($100.00).13
C. The aggregate amount of qualified small contributions accepted by a publicly financed14
candidate shall not exceed:15
(1) For a candidate for mayor, fifty percent (50%) of the amount initially paid to the16
candidate pursuant to subsection 9-3.10 SFCC 1987; and17
(2) For a candidate for council or municipal judge, twenty-five percent (25%) of the18
amount initially paid to the candidate pursuant to subsection 9-3.10 SFCC 1987.19
D. Each qualified small contribution shall be accompanied by a form signed by the20
contributor, which shall include the contributor’s name, home address, telephone21
number, occupation, and name of employer. The city clerk shall accept electronic22
signatures and electronic conveyances that comply with the Uniform Electronic23
Transactions Act, Section 14-16-1 through 14-16-21 NMSA 1978.24
E. No person shall knowingly make, and no candidate shall knowingly receive, a qualified25

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small contribution that is not from the person named on the form or for which the1
person named on the form has been or will be reimbursed or compensated by another2
person.3
F. Before soliciting or accepting qualified small contributions, a candidate shall appoint4
a treasurer and establish a campaign depository in the manner required by subsection5
9-2.8 SFCC 1987. All qualified small contributions received by a candidate shall be6
recorded by the candidate’s campaign treasurer, deposited in a separate non-interest-7
bearing account in the campaign depository and used in the candidate’s campaign or8
disposed of following the election in the manner required by subsection 9-2.9 SFCC9
1987. All such contributions shall be timely reported in a campaign finance statement10
prepared in the manner required by subsections 9-2.10 through 9-2.12 SFCC 1987 and11
filed on the dates required by subsection 9-2.10 SFCC 1987. Campaign finance12
statements reporting the receipt of qualified small contributions shall be accompanied13
by copies of the forms signed by each contributor pursuant to paragraph D of this14
subsection.]15
Section 5. Section 9-3.13 of SFCC 1987 (being Ord. No. 2023-13, § 19) is16
repealed:17
[9-3.13 – Additional Reports of Qualified Small Contributions; Additional Matching18
Payments From the Fund.19
A. In addition to filing the campaign finance statements required by subsection 9-3.12(F)20
SFCC 1987, a publicly financed candidate may file one additional campaign finance21
statement reporting the receipt of qualified small contributions on the fifty-seventh (57th)22
day preceding the election.23
B. Within two (2) business days after the filing of a campaign finance statement by a24
publicly financed candidate reporting the receipt of qualified small contributions and25

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accompanied by copies of the forms signed by the contributors as required by paragraph D1
of subsection 9-3.12 SFCC 1987, the city clerk shall disburse to the candidate an additional2
payment from the fund equal to the total amount of the qualified small contributions3
reported in the campaign finance statement; provided, however, that no such additional4
matching payments shall be made for contributions reported in a campaign finance5
statement filed after the twenty-fifth (25th) day preceding the election.6
C. Additional payments made to a publicly financed candidate pursuant to paragraph B of7
this subsection shall be deposited in the separate account in the candidate's campaign8
depository that was established by the candidate for the deposit of payments received from9
the fund pursuant to paragraph A of subsection 9-3.11.10
D. The aggregate amount of additional payments made to a publicly financed candidate11
pursuant to paragraph B. of this subsection shall not exceed:12
(1) For a candidate for mayor, fifty percent (50%) of the amount initially paid to13
the candidate pursuant to subsection 9-3.10 SFCC 1987; and14
(2) For a candidate for city council or municipal judge, twenty-five percent (25%)15
of the amount initially paid to the candidate pursuant to subsection 9-3.10 SFCC16
1987.17
E. If the amounts required to be paid to candidates under paragraph B of this subsection18
exceed the total amount available in the fund, each payment shall be reduced in proportion19
to the amount of such excess.]20
Section 5. Section 9-3.14 of SFCC 1987 (being Ord. No. 2023-13, § 20) is21
amended to read:22
9-3.14 – Reports of expenditures; exemption from certain reporting requirements.23
A. A publicly financed candidate shall file with the city clerk reports under oath of24
expenditures made from the payments received from the fund, indicating that the25

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expenditures were made from that source and showing the date and amount of each1
such expenditure, the name and address of the person or organization to whom it was2
made, the purpose of the expenditure, the aggregate amount of such expenditures made3
to each person or organization and the aggregate amount of all such expenditures made4
by the candidate or by his or her campaign. A copy of each receipt, printed on 8½-inch5
by 11-inch paper, shall be filled with the city clerk with the reports provided in this6
subsection. Each report shall be accompanied by a copy of the most recent bank7
statement for the separate account established by the candidate for the deposit of8
payments from the funds pursuant to paragraph A of subsection 9-3.11 SFCC 1987.9
Within ninety (90) days after the election, the candidate shall file a copy of a final bank10
statement showing that all funds in the account have been expended or returned to the11
city in the manner required by paragraphs A and C of subsection 9-3.11 SFCC 198712
and that the account has been closed.13
B. The reports required by paragraph A of this subsection shall be filed on each of the14
days prescribed for the filing of campaign finance statements by subsection 9-2.1015
SFCC 1987.16
C. A campaign finance statement filed by a publicly financed candidate to report qualified17
small contributions pursuant to paragraph F of subsection 9-3.12 SFCC 1987 or18
paragraph A of subsection 9-3.13 SFCC 1987 shall also include a report of all19
expenditures made during the period covered by the statement from the separate20
account established by the candidate for the deposit of such contributions pursuant to21
paragraph F of subsection 9-3.12 SFCC 1987. The statement shall show that the22
expenditures were made from that source and shall contain all the information23
concerning the expenditures, account balance, and funds on hand that is required for24
campaign finance statements filed pursuant to subsection 9-2.11 SFCC 1987.25

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D. Except as provided in paragraphs A through C of this subsection, paragraph C of this1
subsection 9-3.8 SFCC 1987, paragraph F of subsection 9-3.12 SFCC 197, and2
paragraph A of subsection 9-3.13 SFCC 1987, publicly financed candidates are exempt3
from the requirement to file campaign finance statements imposed by subsections 9-4
2.10 SFCC 1987 through 9-2.12 SFCC 1987 and from the requirements to file5
campaign records with the city clerk imposed by paragraph D of subsection 9-2.96
SFCC 1987; provided, however, that campaign records shall be maintained in the7
manner required by the applicable provisions of the Campaign Code (Section 9-28
SFCC 1987) and shall be made available upon request to the city clerk and the ethics9
and campaign review board.10
E. Seed money and qualifying contribution reports, campaign finance statements and11
contribution and expenditure reports of a candidate for municipal judge are not12
required to be signed or acknowledged by the candidate.13
F. Any financial reporting shall be filed through the clerk’s online portal for the campaign14
finance if and when the portal becomes available.15
Section 6. Section 9-3.18 of SFCC 1987 (being Ord. No. 2023-13, § 13) is16
amended to read:17
9-3.18 – Reports and forms.18
A. All reports and forms that are required by Section 9-3 SFCC 1987 shall be signed19
under oath and submitted on forms prescribed by the city clerk. If the clerk makes an20
online portal available for submission, the candidate shall use the online portal.21
B. The city clerk is authorized to reject any incomplete report or form. The city clerk shall22
notify a publicly financed candidate that the report or form is incomplete.23
C. The city clerk [shall] may assess a fine of one hundred dollars ($100.00) for unexcused24
late filing of reports or forms.25

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PASSED, APPROVED, and ADOPTED this ______day of ___________, 2026.2
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APPROVED AS TO FORM:4
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MARCOS D. MARTÍNEZ, CITY ATTORNEY7
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Legislation/2026/Bills/2026-13(B)/Updating Public Campaign Finance Code25Marcos Martinez (Jul 7, 2026 16:22:54 MDT)
Marcos Martinez