Law

The “state ethics commission” is established as an independent state agency under the direction of seven commissioners . . .

Article V, Section 17, New Mexico Constitution

Article V, Section 17 of the New Mexico Constitution

The Law that Creates and Empowers the State Ethics Commission

The New Mexico Constitution creates the State Ethics Commission as an independent state agency and establishes how the Commissioners will be appointed. The Constitution also empowers the Commission to “initiate, receive, investigate and adjudicate complaints alleging violations of, and issue advisory opinions concerning, standards of ethical conduct and other standards of conduct and reporting requirements, as may be provided by law.”

Under Article V, Section 17 of the New Mexico Constitution, the Commission has jurisdiction over “state officers and employees of the executive and legislative branches of government, candidates and other participants in elections, lobbyists or government contractors or seekers of government contracts and have such other jurisdiction as provided by law.”

Article V, Section 17 also grants to the Commission the power to investigate potential violations of the statutes under its jurisdiction, providing that the Commission “may require the attendance of witnesses or the production of records and other evidence relevant to an investigation by subpoena as provided by law.”

Last, Article V, Section 17 provides that the Commission “shall have such other powers and duties and administer or enforce such other acts as further provided by law.”

Download the New Mexico Constitution.

The State Ethics Commission Act

What are the Commission’s Powers and Duties Under the Law?

The State Ethics Commission Act is the enabling legislation for the State Ethics Commission. While the New Mexico Constitution provides for the creation of the ethics commission and establishes its foundational, irreducible jurisdiction, the State Ethics Commission Act provides for the specific duties of the Commission and outlines which laws are under its current jurisdiction. Under the State Ethics Commission Act, the Commission has jurisdiction to enforce the civil remedies provisions of eight statutes and the Anti-Donation Clause. The State Ethics Commission Act also gives the Commission the power to make rules necessary to implement and administer the provisions of the State Ethics Commission Act.

Read the State Ethics Commission Act.

The State Ethics Commission's Jurisdiction

What Laws Does the Commission Administer?

The State Ethics Act Commission Act grants the Commission jurisdiction over eight statutes and one provision of the New Mexico Constitution. Collectively, these statutes and constitutional provision offer a vision of state government whereby the exercise of public power is democratic, transparent, and responsive to the public’s interest:

  1. Campaign Reporting Act
  2. Financial Disclosure Act
  3. Gift Act
  4. Lobbyist Regulation Act
  5. Voter Action Act
  6. Governmental Conduct Act
  7. Procurement Code
  8. State Ethics Commission Act
  9. Article 9, Section 14 of the New Mexico Constitution
Joint Powers Agreements

How Does the State Ethics Commission Address Overlapping Jurisdiction?

The State Ethics Commission shares jurisdiction to administer and enforce certain statutes with other state agencies. To conserve public resources and ensure that agencies with particular expertise retain primary jurisdiction to enforce these statutes, the Commission has entered into contracts with the agencies with whom it shares jurisdiction. Under New Mexico law, these contracts are known as joint powers agreements.

The Commission has executed five separate joint powers agreements with the Secretary of State and the General Services Department.

JPA between the Commission and the New Mexico Secretary of State’s Office for the Campaign Reporting Act.

    • Amendments to CRA JPA (Effective as of 8/30/2021).

JPA between the Commission and the New Mexico Secretary of State’s Office for the Lobbyist Regulation Act.

    • Amendments to LRA JPA (Effective as of 8/30/2021).

JPA between the Commission and the New Mexico Secretary of State’s Office for the Financial Disclosure Act.

    • Amendments to FDA JPA (Effective as of 8/30/2021).

JPA between the Commission and the New Mexico Secretary of State’s Office for the Voter Action Act.

    • Amendments to VAA JPA (Effective as of 8/30/2021).

JPA between the Commission and the New Mexico General Services Department for the Procurement Code.

The State Ethics Commission’s Administrative Rules

 

General Provisions, NMAC 1.8.1

The General Provisions, NMAC 1.8.1, provide the rules establishing the Executive Director’s duties and powers, the Commission’s objectives, and guidance on interpretation of Commission rules.

Recusal and Disqualification of Commissioners, NMAC 1.8.2

Recusal and Disqualification of Commissioners, NMAC 1.8.2, provide the rules governing the recusal and disqualification of Commissioners.

Administrative Hearings, NMAC 1.8.3

Administrative Hearings, NMAC 1.8.3, provide the rules of procedure governing administrative cases before the Commission, from the filing of a complaint through the Commission’s written, final decision on appeal.

Proposed Code of Ethics for State Agencies, NMAC 1.8.4

Proposed Code of Ethics for State Agencies, NMAC 1.8.4, provide the model code of ethics for adoption by state agencies.

Complaints Against Notaries, NMAC 1.8.5

Complaints Against Notaries, NMAC 1.8.5, provide the rules of procedure governing complaints against notaries before the Commission, from the filing of a complaint through the Commission’s written, final decision on appeal.

Audio Recordings for Public Rule Hearings

June 2023 (1.8.1, 1.8.3, 1.8.5)

Part 1

August – October 2020 (1.8.1)
Part 1

December 2019 (1.8.1 – 1.8.3)
Part 1 
Part 2

August – October 2020 (1.8.4)
Part 1

Proposed Legislation

2021 Proposed Legislation

In 2021, the State Ethics Commission proposed legislative recommendations on the Lobbyist Regulation Act, Campaign Reporting Act, State Ethics Commission Act, and the most extensive, the Financial Disclosure Act, which the Commission proposed fully replacing with a new law. To review the Commissions proposed legislative recommendations for 2021 in depth, Click Here to view the Commission’s 2021 Annual Report. 

  • Disclosure Act (Replacement for Financial Disclosure Act)
    (Pages 28 – 43 of 2021 Annual Report)

  • Amendments to the Lobbyist Regulation Act
    (Pages 22 – 23 of 2021 Annual Report)
  • Amendments to the Campaign Reporting Act 
    (Pages 22 – 23 of 2021 Annual Report)
  • Amendments to the State Ethics Commission Act
    (Pages 23 – 24 of 2021 Annual Report)

2020 Proposed Legislation

In 2020, (The State Ethics Commission’s first year in operation) the Commission proposed legislative recommendations on the State Ethics Commission Act, Campaign Reporting Act, Lobbyist Regulation Act, Voter Action Act, and Financial Disclosure Act. To review the Commissions proposed legislative recommendations for 2020 in depth, Click Here to view the Commission’s 2020 Annual Report. 

  • Amendments to the State Ethics Commission Act
    (Page 15 of 2020 Annual Report)
  • Amendments to the Campaign Reporting Act 
    (Pages 16 – 18 of 2020 Annual Report)
  • Amendments to the Lobbyist Regulation Act
    (Page 16 – 18 of 2020 Annual Report)
  • Amendments to the Voter Action Act 
    (Page 16 of 2020 Annual Report)
  • Amendments to the Financial Disclosure Act 
    (Page 16 of 2020 Annual Report)

Implemented Legislation

2021

  • Amendments to Several Laws Administered by the Ethics Commission (HB 244)
    HB 244 Clarified administrative enforcement duties shared between the SEC and Secretary of State with respect to the campaign Reporting Act, Voter Action Act, Financial Disclosure Act, and Lobbyist Regulation Act; provided rulemaking authority; required that Ethics Commissioners file annual financial disclosures; removed the requirement that ethics complaints must be notarized; clarified venue provisions with in the State Ethics Commission Act regarding Court actions by the SEC, required a new acknowledgement by political committee treasurers; and provided for the resignation and replacement of political committee treasurers.