Section 1-19-34.6 - Civil penalties. - New Mexico Statutes

1-19-34.6. Civil penalties.

A.     If the secretary of state reasonably believes that a person committed, or is about to commit, a violation of the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978], the secretary of state shall refer the matter to the attorney general or a district attorney for enforcement.   

B.     The attorney general or district attorney may institute a civil action in district court for any violation of the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978] or to prevent a violation of that act that involves an unlawful solicitation or the making or acceptance of an unlawful contribution.  An action for relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including a civil penalty of two hundred fifty dollars ($250) for each violation not to exceed five thousand dollars ($5,000), and forfeiture of any contribution received as a result of an unlawful solicitation or unlawful contribution.  Each unlawful solicitation and each unlawful contribution made or accepted shall be deemed a separate violation of the Campaign Reporting Act.   

C.     The attorney general or district attorney may institute a civil action in district court if a violation has occurred or to prevent a violation of any provision of the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978] other than that specified in Subsection B of this section.  Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of fifty dollars ($50.00) for each violation not to exceed five thousand dollars ($5,000).