Privately Financed Candidates
All candidates, whether publicly or privately financed, must report all contributions and expenditures, pursuant to the Election Code. Unlike publicly financed candidates, who may only spend the funds distributed by the City, privately financed candidates have no fundraising or spending limits.
Restrictions on Fundraising
The Albuquerque City Charter Elections Code ("Code") Section 4 covers Campaign Financing, including establishing limits to campaign financing and contributions as well as a ban on contributions from business entities.
In the past few years, the United States Supreme Court made some rulings on such topics that indicate limits and bans on campaign financing are an impediment on the First Amendment Right to free speech.
Given these rulings, the City Clerk will not enforce the provisions as outlined in City Charter Article XIII Section 4 (d), (e) and (f). The remaining provisions of the Code Section 4 remain in full force and effect.
Accordingly, privately financed candidates for the offices of City Councilor or Mayor may collect contributions from business entities and individuals without limits on the amount of total contributions they may receive and the amount a donor may contribute.
Candidates accepting contributions from businesses entities may wish to inform their contributors that the contributor is subject to the Measure Finance Committee ("MFC") provisions of the Election Code and that they must register as a MFC if the contribution is in excess of $250.00. Election Code Section 2(k).
Please contact the Office of the City Clerk for further information or to register as a MFC.
