Chapter 30 GOVERNING BODY

* Prior legislation: ‘87 Code, §§1-3-1, 1-3-2, 1-3-4 – 1-3-14; Ords. 82-31, 85-150, 93-021, 95-014, 96-027, 01-018, 04-004, 06-54, 07-70, 11-21 and 12-15.

GENERAL PROVISIONS

30.01 COMPOSITION; POWERS AND DUTIES.

(A) The governing body constitutes the legislative branch of the municipality and shall not perform any executive functions except those assigned to it by law.

(B) The governing body may:

(1) Provide for other officials as proper administration of the City may require; and

(2) Provide for deputy appointed officials who will exercise the powers granted to appointed officials.

(’87 Code, § 2-2-1) (Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017)

Cross-reference:

Corporate authority; composition; general powers, see Charter § 2.01

30.02 RESIDENCY.

Each Councilor shall continually reside within the district to which elected throughout the term of office.

(’87 Code, § 2-2-2) (Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017)

30.03 COMPENSATION. Revised 9/24

(A) On the day each City Councilor is sworn into office, the annual salary of a City Council member shall be equal to the maximum amount authorized by the New Mexico Legislature to be paid to County Commissioners in Class “A” counties, as provided in Section 4-44-4 NMSA 1978, and as may be amended thereafter.

(B) Councilors and eligible family members shall have the option to participate in city-sponsored elective insurance coverages for medical, dental, vision, and life, with the same conditions and terms as offered to classified city employees. City Councilors shall not be eligible for leave benefits offered to classified city employees.

(C) The annual salary of a Councilor shall not be increased or decreased during their respective term of office, pursuant to Article IV, Section 27 of the New Mexico Constitution.

(’87 Code, § 2-2-3) (Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017; Am. Ord. 04-012; Am. Ord. 16-22; Am. Ord. 24-18)

Cross-reference:

Compensation; expenses, see Charter § 2.04

30.04 MEETINGS; MINUTES.

(A) Regular meetings.

(1) At the second meeting in April of each year, the governing body shall establish an annual schedule of regular meetings by resolution, including the days and times for such meetings. The governing body shall hold regular meetings at least once in every month.

(2) Regular meetings may be canceled, postponed or rescheduled by vote of at least four members of the governing body. The mayor may cancel a regular meeting in the event of an emergency or for lack of a quorum by giving such notice as is practical under the circumstances.

(3) All meetings shall be held at City Hall or other public buildings as appropriate.

(B) Minutes.

(1) Records of open meetings shall be open to the public at all reasonable times following governing body approval.

(2) All minutes shall contain at a minimum:

(a) The date, place and time of the meeting;

(b) The names of members in attendance and those absent; and

(3) Minutes shall be prepared according to the requirements of NMSA § 10-15-1.G and in accordance with Robert’s Rules of Order.

(4) Draft minutes of open meetings shall be prepared by the City Clerk within ten working days.

(’87 Code, §§ 2-2-6, 2-2-7) (Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017; Am. Ord. 04-010; Am. Ord. 06-48; Am. Ord. 12-19; Am. Ord. 14-18)

30.05 QUORUM.

(A) No action shall be taken by the governing body unless a quorum is present.

(B) For purposes of determining a quorum, the Mayor shall be counted as a member.

(’87 Code, § 2-2-8) (Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017)

30.06 ADDRESSING THE GOVERNING BODY.

The Governing Body’s rules of procedure shall prescribe the manner in which the Governing Body may be addressed at noticed public meetings.

(’87 Code, § 2-2-9) (Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017; Am. Ord. 23-29)

30.07 DECORUM.

(A) The presiding officer shall preserve the order and decorum, decide all questions of order and conduct the proceedings in accordance with the governing body’s rules of procedure. The presiding officer may bar anyone acting improperly from continuing his address to the governing body.

(B) While the governing body is in session, no person shall cause a breach of the peace, and shall neither delay nor interrupt the proceedings of the governing body.

(’87 Code, § 2-2-10) (Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017)

30.08 ORDINANCES AND RESOLUTIONS.

(A)(1) Adoption; consistency. The governing body may adopt ordinances not inconsistent with state laws and the City Charter for the purpose of:

(a) Effecting or discharging the powers and duties conferred upon the city;

(b) Providing for the safety, preserving the health, promoting the prosperity or improving the morals, order, comfort and convenience of the city and its inhabitants; and

(c) Enforcing obedience to the ordinances by imposing penalties, not exceeding the maximum allowable penalty pursuant to NMSA § 3-17-1, as amended, by suit or prosecution before the Municipal Judge.

(2) Passage. All laws of the city shall be enacted by the passage of ordinances as set forth in the City Charter.

(3) Introduction of general ordinances. General ordinances are all ordinances other than ordinances on zoning matters as authorized in NMSA § 3-21-6, as amended.

(a) General ordinances shall have two readings prior to adoption.

(b) The voting on a general ordinance at first reading shall be in accordance with § 2.09.D.1. of the City Charter.

(c) If approved on first reading, a general ordinance shall be published one time, by title and subject, as a legal advertisement in a newspaper of general circulation within the city, at least seven days prior to the meeting at which it is to be considered for adoption.

(4) Adoption of general ordinances.

(a) A general ordinance is presented for consideration and adoption at second reading.

(b) The voting on a general ordinance at second reading shall be in accordance with §§ 2.09.C. and 2.09.D.1. of the City Charter.

(5) Zoning and land use ordinances.

(a) Zoning and land use ordinances are ordinances authorized in NMSA § 3-21-6, as amended.

(b) Zoning and land use ordinances shall have one reading at which final action shall be taken.

1. Notice of a zoning or land use ordinance shall be published one time, by title and subject, as a legal advertisement in a newspaper of general circulation within the city, at least 15 days prior to the hearing at which it is to be considered for adoption.

2. Voting on a zoning or land use ordinance shall be in accordance with §§ 2.09.C and 2.09 D.1. of the City Charter.

(6) Publication of ordinances. Enacted ordinances shall be published one time, by title and summary, unless otherwise provided by law, in a newspaper of general circulation within the city.

(7) Contents. All ordinances shall contain a title which clearly expresses the subject and an enactment clause to read: “BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF RIO RANCHO.” Ordinances amending existing law by the addition or deletion of language must have all new matter underscored and must have all material intended to be deleted set forth by strike out.

(8) Authentication.

(a) The Mayor must validate enacted ordinances by signing the final authoritative ordinance within five calendar days after adoption.

(b) An ordinance must be authenticated by the signature of the City Clerk, and shall bear the seal of the city.

(’87 Code, § 2-2-4)

(B)(1) Adoption. Any resolution may be adopted at the meeting at which it is introduced.

(2) Form. All resolutions shall contain a title which clearly expresses the subject and a resolving clause, to read: “BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF RIO RANCHO.”

(3) Authentication.

(a) The Mayor must validate adopted resolutions by signing the final authoritative resolution within five calendar days after adoption.

(b) All resolutions must be authenticated by the signature of the City Clerk, and shall bear the seal of the city.

(4) Effective. Resolutions shall become effective upon adoption unless a later date is specified in the resolution. Except as otherwise noted in the Charter, every adopted ordinance shall become effective at the expiration of ten days after adoption, or at any later date specified therein.

(’87 Code, § 2-2-5)(Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017)

Cross-reference:

Ordinances in general, see Charter § 2.11

30.09 BUSINESS DAYS AND HOURS.

(A) The normal business days of the city upon which the city offices will be open to the public shall be Monday through Friday, excepting those days declared legal holidays by the governing body. The normal business hours of the city shall commence at 8:00 a.m. and shall end at 5:00 p.m. (’87 Code, § 2-3-1)

(B) Except when specifically noted to the contrary, when a deadline for filing with or action by the city contained in any ordinance, resolution or regulation adopted by the city falls on a Saturday, Sunday or designated holiday, the deadline shall be the next business day following that nonbusiness day.

(’87 Code, § 2-3-2)(Ord. 86-014)

ELECTION AND CAMPAIGN PRACTICES

30.20 PURPOSE.

The purpose of this subchapter is to adopt a policy concerning the conduct of municipal elections, campaign procedures, and the reporting of contributions and expenditures.

(Am. Ord. 19-34)

30.21 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

ANONYMOUS CONTRIBUTION. A contribution received by a candidate or campaign committee for which the contributor cannot be identified.

BALLOT QUESTION. Any question, proposition, or measure submitted to a vote at an election, or circulated for the purposes of submission to a vote at any election, whether the proposed question qualifies for the ballot.

CAMPAIGN ADVERTISEMENT. A communication, announcement or other material referring to a candidate or ballot question that is published, disseminated, distributed or displayed to the public by print, broadcast, cable or electronic media or satellite; including a circular, pamphlet, letter, poster, billboard or other printed, written, radio, television, Internet or telephone advertisement.

CAMPAIGN COMMITTEE. Any combination of two or more persons acting jointly for the principal purpose of supporting or opposing the election of a candidate or the adoption or defeat of one or more ballot questions.

CAMPAIGN FINANCE REPORT. A report of all contributions received, and expenditures made, subscribed and sworn to by a candidate, campaign committee officer or leader or campaign treasurer.

CANDIDATE. Any individual listed on the ballot for election to any municipal office or any person who otherwise has taken affirmative action to seek election to a City of Rio Rancho municipal office, such as filing a declaration of candidacy, soliciting or accepting contributions or making expenditures, even if not ultimately listed on the ballot.

CANDIDATE CAMPAIGN COMMITTEE. A committee consisting of the candidate, campaign treasurer and any other individual designated and authorized to raise, collect or expend contributions on behalf of the candidate for the purpose of electing the candidate to office.

CONTRIBUTION. A gift, subscription, loan, advance, deposit, pledge, proceeds of a fundraising event, contract, agreement or promise of money, service or anything of value or other obligation made directly or indirectly to a candidate or campaign committee.

COORDINATED EXPENDITURE. An expenditure made by a person, organization or entity, other than a candidate or the candidate’s campaign committee, at the request or suggestion of, or in cooperation or consultation with, a candidate, a representative of a candidate or the candidate’s campaign committee for the purpose of either supporting or opposing a candidate, or paying for a campaign advertisement that refers to a clearly identified candidate and is published or distributed to the City of Rio Rancho electorate within 60 days before the election.

ELECTION. Any regular or special City of Rio Rancho municipal election. For the purpose of campaign finance reporting requirements, this term shall include a general election or regular local election for which the certified ballot contains a ballot question adopted by the City of Rio Rancho Governing Body pursuant to NMSA 1978 Section 1-16-3.

EXPENDITURE. A payment, pledge or promise of payment or money for anything of value or other obligation in exchange for goods, materials, services, facilities or anything of value for the purpose of either supporting or opposing a candidate, or the adoption or defeat of one or more ballot questions.

INDEPENDENT EXPENDITURE. Any person, organization, or entity that expends $500 or more in the aggregate within 60 days before an election to pay for any form of campaign advertisement which advocates for the election or defeat of a clearly identified candidate, or adoption or defeat of a clearly identified ballot question, or refers to a clearly identified candidate or ballot question and which is disseminated to the City of Rio Rancho electorate regarding an election in which the candidate or ballot question is on the ballot. This definition does not include coordinated expenditures, nor does it relate to a nonpartisan voter guide containing candidate questionnaires or ballot question information that does not advocate for or against a candidate or ballot question.

IN-KIND CONTRIBUTION. Goods, materials, services, facilities or anything of value other than money that is donated, contributed or expended at no cost or at a cost less than the fair market value. This does not include the value of services, unreimbursed travel or other personal expenses of unpaid volunteers.

PERSON. Any individual or organization acting in support of or in opposition to a candidate or to the adoption or defeat of one or more ballot questions.

REPORTING INDIVIDUAL. A candidate, campaign committee, or campaign treasurer of a campaign committee, and City of Rio Rancho elected officials.

STATEMENT OF NO ACTIVITY. A statement filed in lieu of a campaign finance report when a reporting individual has not received contributions or made expenditures for the reporting period for which a campaign finance report comes due.

(Am. Ord. 19-34)

30.22 DISTRICTS; BOARDS.

The city is divided into six geographic City Council districts, as required by Article II, Section 2.03 of the City Charter. Districts are defined as follows:

(A) District 1. (Precincts 1, 42, 43, 44, 45, 46, 57, 70, 81, 85, 107, 108, 109, 110, 134, 138, 157, 227, 631.)

(B) District 2. (Precincts 47 partial, 67, 68, 69 partial, 71, 80, 84 partial, 124, 125, 126, 127, 137, 144, 145, 146, 152.)

(C) District 3. (Precincts 50, 63, 65, 66, 74 partial, 75, 82 partial, 111 partial, 118 partial, 120, 121, 122, 123, 135, 143, 149, 150, 156.)

(D) District 4. (Precincts 34, 35, 36, 40, 41, 48, 49, 60, 62, 73, 81, 83, 105, 106, 117, 136, 141, 151.)

(E) District 5. (Precincts 30, 31, 32, 33 partial, 72, 86, 96, 97, 98, 99, 128, 129, 139, 140, 147, 148, 154, 232 partial.)

(F) District 6. (Precincts 37, 38, 39, 52 partial, 58, 59, 61, 64 partial, 100, 101, 102 partial, 103, 104, 115, 116, 119 partial, 131 partial, 142, 155.)

(Am. Ord. 19-34; Am Ord. 21-35)

Cross-reference:

Council Districts, see Charter § 2.03

30.23 MUNICIPAL ELECTIONS.

(A) Regular City of Rio Rancho municipal elections shall be held in accordance with Section 7.01 of the City Charter.

(B) Special City of Rio Rancho municipal elections shall be held in accordance with the Special Election Act, NMSA 1978 Sections 1-24-1 through 1-24-5 (as amended).

(C) The City of Rio Rancho Governing Body may perform the duties of the Board of County Commissioners pursuant to NMSA 1978 Section 1-3-2, by consolidating precincts and designating polling places for the election.

(D) Absentee and early voting shall be conducted in accordance with the New Mexico Election Code (the “Election Code”).

(E) The City Clerk shall appoint an Election Board for each election pursuant to the Election Code.

(F) The Canvassing Board shall certify the election results no later than 10 days from the date of the election pursuant to NMSA 1978 Section 1-13-13. The term of office for each candidate receiving a certificate of election based on the canvass results shall begin the first day of the month following the election.

(Am. Ord. 19-34)

Cross-reference:

Elections, see Charter Article VII

30.24 INITIATIVE, REFERENDUM OR RECALL.

(A) Any person or campaign committee initiating circulation of a petition for initiative or referendum, in accordance with Section 7.02 of the City Charter, shall first file a notice of intent to circulate a petition with the City Clerk, on a form prescribed by the City Clerk.

(B) The Recall Act, NMSA 1978 Sections 1-25-1 through 1-25-13 (as amended), in conjunction with the procedures in Section 7.03 of the City Charter that provide greater due process than the Recall Act, shall be utilized when a recall has commenced.

(Am. Ord. 19-34)

Cross-reference:

Initiative and referendum, see Charter § 7.02

Recall, see Charter § 7.03

30.25 CAMPAIGN COMMITTEE REGISTRATION; INDEPENDENT EXPENDITURES.

(A) Each candidate shall establish one candidate campaign committee for the election. The name, street address, telephone number, and email address of the candidate’s campaign committee shall be filed with the City Clerk upon submission of a declaration of candidacy.

(B) Each campaign committee, other than a candidate’s campaign committee, shall register with the City Clerk within seven days of formation. In no case shall the registration occur later than the date on which a campaign committee initiates the dissemination of campaign advertisement. As completed, the requisite registration form shall include the following:

(1) The name, street address, telephone number, and email address of the campaign committee;

(2) The name, street address and telephone number of each firm, association, partnership, business trust, corporation, company, committee, and any other organization or group of individuals with which the campaign committee is affiliated or with which it coordinated or cooperated in its efforts to support or defeat a candidate or ballot question;

(3) The name, street address, telephone number and title of each officer or responsible leader; and

(4) The purpose for which the committee was organized.

(C) Each person, organization or entity who has made independent expenditures exceeding $500 or more in the aggregate during an election shall register with the City Clerk within seven days of meeting such monetary threshold. In no case shall the registration occur later than the date on which the dissemination of the campaign advertisement financed by the independent expenditure was initiated.

(1) The registration form required shall include:

(a) The name and street address of the person, organization or entity who made the independent expenditure;

(b) The name and street address of the person, organization or entity to whom the independent expenditure was made;

(d) The name and street address of each person, organization or entity who provided any cumulative contribution exceeding $200 to fund any independent expenditure;

(2) If any person, organization or entity making independent expenditures acquires any subsequent independent expenditures, that person, organization or entity shall report any and all such expenditures as required by this section.

(D) All changes to the registration information of any campaign committee shall be reported to the City Clerk within seven days of such change.

(Am. Ord. 19-34)

30.26 CAMPAIGN TREASURER; CAMPAIGN BANK ACCOUNT.

(A) Each candidate or campaign committee shall appoint a campaign treasurer who shall be responsible for receiving contributions, authorizing disbursements and maintaining a true and complete record of the campaign finances. For one’s own campaign, a candidate may serve as campaign treasurer. The name, street address, telephone number, and email address of the campaign treasurer shall be filed when submitting of a declaration of candidacy or registration of a campaign committee to the City Clerk.

(B) Each candidate or campaign committee shall establish no more than one campaign bank account to be used for the deposit of all contributions and debit of all expenditures for the election. The name and street address of the financial institution where the bank account is established shall be filed when submitting a declaration of candidacy or registration of a campaign committee to the City Clerk.

(Am. Ord. 19-34)

30.27 CAMPAIGN ADVERTISEMENT DISCLAIMER.

(A) All campaign advertisements shall contain a disclaimer to include the name of the candidate, or campaign committee who has authorized the advertisement or, if paid for by an independent expenditure, a statement including the words “paid for by” followed by the name of the person, organization or entity who made the independent expenditure.

(B) The disclaimer shall be placed conspicuously in a legible manner on printed material or electronic communications, such as websites or social media sites, clearly spoken when transmitted via audio broadcast means, and both legible and clearly spoken for visual media advertisements. A disclaimer is not required on printed campaign material such as pins, bumper stickers and other comparably sized items on which the disclaimer cannot reasonably be printed or displayed.

(Am. Ord. 19-34)

30.28 CONTRIBUTIONS; CAMPAIGN FINANCE REPORTING.

(A) The total contributions to a candidate or campaign committee shall not exceed $5,000 for citywide races and $3,000 for district races from any one person, organization, entity, or campaign committee for an election. Coordinated contributions are subject to the contribution limit; however, a loan made by a candidate to their own campaign committee and independent expenditures are exempt from the contribution limit.

(B) Anonymous contributions shall not be used for campaign finance purposes and, if received, shall be deposited in the City of Rio Rancho’s General Fund or given to a registered 501(c)(3) charity by the candidate or campaign committee.

(C) Each reporting individual shall file a campaign finance report with the City Clerk, on a form prescribed by the City Clerk. Each campaign finance report which identifies contributions and expenditures exceeding $250 shall itemize each contribution and expenditure.

(1) The report shall include:

(a) The amount, purpose, and date of the contribution or expenditure;

(b) The actual or estimated value, when the actual value is not available, purpose, and date of the in-kind contribution;

(c) When the contributor is an individual, the name, street address, principal business or occupation, and the name and address of the employer of the contributor from whom any cumulative contribution or in-kind contribution of $1,000 was received;

(d) When the contributor is an entity other than an individual, the name, street address, and the owners of the entity from whom any cumulative contribution or in-kind contribution exceeding $50 was received;

(e) The name and street address of the person or business to whom any cumulative expenditure exceeding $50 was made;

(f) The aggregate total of all contributions and expenditures for the reporting period; and

(g) A declaration that the campaign finance report has been prepared with all reasonable diligence and that it is true and complete.

(2) An itemized campaign finance report shall not be required when neither contributions nor expenditures exceed $250 during a reporting period; provided, that the reporting individual shall instead file a written declaration, under oath, that neither contributions nor expenditures exceed $250.

(3) When no contribution is raised nor expenditures made during a reporting period, a reporting individual shall file a statement of no activity in lieu of an itemized campaign finance report.

(4) Each campaign finance report and statement of no activity shall be subscribed and sworn to by the candidate, campaign committee officer or leader or campaign treasurer.

(D) During an election year, reporting individuals, with the exception of Rio Rancho elected officials who are not candidates in the election that year, shall file campaign finance reports on the following periods:

(1) Not later than 5:00 p.m. on the forty-second day prior to an election containing a total listing of all contributions and expenditures made prior to the date of this filing, and not previously reported;

(2) Not later than 12:00 noon on the twenty-eighth day prior to an election, containing a total listing of all contributions and expenditures made prior to the date of this filing, and not previously reported;

(3) Not later than 12:00 noon on the day preceding the date of the election, containing a total listing of all contributions and expenditures made prior to the date of this filing, and not previously reported; and

(4) Not later than 5:00 p.m. on the thirtieth day following an election, containing a total listing of any remaining contributions and expenditures made prior to the date of this filing, and not previously reported; provided, however, that any candidate subject to a run-off election, as signified by the certified election canvass, shall instead file a campaign finance report:

(a) The day before absentee voting for the run-off election begins by 5:00 p.m., containing a total listing of all contributions and expenditures made prior to the date of this filing, and not previously reported;

(b) Not later than 12:00 noon on the day preceding the run-off election, containing a total listing of all contributions and expenditures made prior to the date of this filing, and not previously reported; and

(c) Not later than 5:00 p.m. on the thirtieth day following a run-off election, containing a total listing of any remaining contributions and expenditures made prior to the date of this filing, not previously reported.

(E) Any remaining contributions not expended on the campaign shall be disposed of in one of the following methods:

(1) Retained in the campaign bank account for a possible run-off election for that office, a challenge to the election or for the candidate’s use in a future City of Rio Rancho municipal election;

(2) Returned to the person, organization or entity who made the contribution;

(3) Placed in the City of Rio Rancho’s General Fund;

(4) Given to a registered 501(c)(3) charity identified by the candidate; or

(5) Donated to a candidate seeking election to a City of Rio Rancho municipal office.

(F) Reports shall be required and filed with the City Clerk biannually every second Tuesday in July and December by 5:00 p.m. until the candidate or campaign committee files a final campaign finance report confirming the following:

(1) That there is no outstanding campaign debt;

(2) That all contributions have been expended pursuant to subsection (E) of this section; and

(3) That the campaign bank account has been closed.

(G) If any reporting individual files a campaign finance report after the deadline or fails to file a complete report, they shall pay to the City of Rio Rancho, at the time of filing, the sum of $10 per day for each regular working day after the time required by this subchapter until the complete report is filed; provided, that the fine shall not exceed the cumulative sum of $500. It is unlawful for a candidate or campaign treasurer to knowingly and willfully file a false report of expenditures and contributions. Any candidate who fails or refuses to file a campaign finance report or to pay a fine imposed by this section shall not:

(1) Be issued a certificate of election if the violation occurs after the date of the election and the official canvass of returns indicates the candidate as the winner until the candidate satisfies all reporting requirements and pays all sums owed, including fines; or

(2) Be permitted to file a declaration of candidacy for any future City of Rio Rancho municipal election until the candidate satisfies all reporting requirements and pays all fines owed.

(H) Each Rio Rancho elected official, in a non-election year, and in an election year for which the public official is not a candidate, shall file a biannual report every second Tuesday in July and December by 5:00 p.m. noting any and all contributions received and expenditures made prior to the date of the filing, and not previously reported. The contributions and expenditures reported in such biannual reports and applied to a campaign for any municipal elected office shall be included in the first campaign finance report that the candidate files pursuant to subsection (D) of this section.

(I) A Rio Rancho elected official for which no contributions were raised nor expenditures made during a reporting period shall file a statement of no activity in lieu of an itemized campaign finance report.

(J) For the purposes of this section, contributions and expenditures include those contributions received and expenditures made by or on behalf of an individual prior to the individual filing a declaration of candidacy for a Rio Rancho municipal office, or by or on behalf of a campaign committee at any time prior to the relevant election through the time the final campaign finance report is due.

(Am. Ord. 19-34)

30.29 RETENTION OF CAMPAIGN FINANCE RECORDS.

(A) Each candidate, campaign committee, or campaign treasurer of a campaign committee shall keep a true and complete record of all campaign finance records for two years after the date the election results were certified by the Canvassing Board, to include records of all contributions, in-kind contributions, anonymous contributions and expenditures, regardless of the amount, bank account records and statements, checks, bank deposit slips, receipts, leases and rental agreements, and all other finance records relevant to the campaign.

(B) The Rio Rancho City Clerk shall preserve a full record of all campaign finance reports submitted for the election for the length of time specified in the City of Rio Rancho records retention schedule or the New Mexico state records retention schedule, whichever requires a lengthier retention period.

(Am. Ord. 19-34)

30.30 RUN-OFF ELECTIONS.

(A) If no candidate receives a majority of the votes cast in the first round of voting for a particular office, as signified by the certified election canvass, a run-off election shall be held on the date specified in the election proclamation pursuant to NMSA 1978 Section 1-22-4 (as amended).

(B) The top two candidates who receive the highest number of votes cast for the particular office shall advance to the run-off election. Each candidate subject to the run-off election shall not be required to file a declaration of candidacy.

(1) If more than two candidates tie for the highest number of votes in the regular election, the tied candidates shall, under the supervision of the City Clerk, draw lots to determine which two are to be the run-off candidates.

(2) If two or more candidates tie for the second-highest number of votes in the regular election, the tied candidates shall, under the supervision of the City Clerk, draw lots to determine which one is to be the second candidate in the run-off election.

(C) Only the election polling places and early voting locations will be reactivated for a run-off election as is required for a District Councilor position. All polling places and early voting locations will be reactivated for a run-off election as is required for the Mayor or Judge position.

(D) Absentee and early voting shall be conducted in accordance with the Election Code.

(E) The City Clerk shall appoint an Election Board pursuant to the Election Code.

(F) The Canvassing Board shall certify the run-off election results no later than 10 (days) from the date of the run-off election pursuant to NMSA 1978 Section 1-13-13. The term of office for the candidate certified to have received the highest number of votes cast in the run-off election shall begin the first day of the month following the run-off election.

(Am. Ord. 19-34)

30.31 VOTER PHOTO IDENTIFICATION REQUIRED; PROVISIONAL VOTING.

(A) Each voter seeking to vote in a City of Rio Rancho municipal election shall present a current identification card containing the voter’s name and photograph.

(1) Such photo identification may include any card issued by a government agency, including an Indian nation, tribe or pueblo, driver’s license, student identification card, commercial transaction card (such as a credit or debit card), insurance card, union card, passport, a professional association card or a voter identification card issued by the City Clerk.

(2) Pursuant to NMSA 1978 Section 1-12-7.1, a voter unable to provide photo identification shall be allowed to vote on a provisional paper ballot after executing a statement affirming under penalty of perjury that the voter is a qualified elector and registered to vote in the City of Rio Rancho, and providing the required information set out in NMSA 1978 Section 1-12-25.3.

(a) If the voter provides the required photo identification to the City Clerk’s office before 5:00 p.m. on the second day after the election, the provisional paper ballot shall be qualified and counted in accordance with NMSA 1978 Section 1-12-7.1.

(b) A voter who casts a provisional paper ballot under this section shall be allowed to execute a statement affirming, under penalty of perjury, in the City Clerk’s office, prior to the convening of the Canvassing Board, that the voter has a religious objection to being photographed. Such voter shall not be required to submit a photo identification.

(3) Voter photo identification cards shall be issued by the City Clerk without charge to any voter who presents two of the following identification documents that show the name and address of the voter: a state-issued identification card, passport, Social Security card, student identification card, library card, insurance card, selective service card, union card, professional association card, utility bill, bank statement, government check or a paycheck.

(a) If the individual is unable to present any two of these documents to the City Clerk, then the voter shall swear or affirm in writing under penalty of perjury that the voter is registered to vote and shall be issued a voter photo identification card upon verification that such person is registered to vote.

(b) The City Clerk-issued photo identification card shall state on its face that it shall not be valid for identification other than for the purpose of voting in City of Rio Rancho municipal elections and shall not be valid if the voter’s certificate of registration is cancelled pursuant to NMSA 1978 Sections 1-4-22 and 1-4-24 (as amended).

(B) In addition to the failure to present photo identification, a voter shall be permitted to vote on a provisional paper ballot for the reasons specified in the Election Code and The Help America Vote Act. All provisional paper ballots shall be issued, qualified and canvassed in accordance with the Election Code.

(C) Each provisional voter shall be made aware of how to determine whether the provisional paper ballot was qualified, and the right to an appeal process, in accordance with NMSA 1978 Section 1-12-12.2(A) and Section 1.10.22 NMAC.

(D) Pursuant to NMSA 1978 Section 30-25-1, to knowingly execute a false statement constitutes perjury. Pursuant to NMSA 1978 Sections 1-20-8 through 1-20-10 (as amended), to vote on the basis of a falsely executed statement constitutes false voting and a fourth degree felony.

(Am. Ord. 19-34)

30.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to prosecution, penalties, and fines pursuant to Section 10.99.

(B) Any person violating provisions within Sections 30.20 through 30.31 shall be guilty of a misdemeanor.

(Am. Ord. 19-34)