New Mexico’s Campaign Finance Limits Challenged

The Republican Party of New Mexico, along with political groups New Mexico Turn Around and New Mexicans for Economic Recovery PA, have filed a lawsuit challenging New Mexico’s limits on contributions to political parties and committees. 

In 2009, the New Mexico Legislature enacted Senate Bill 116, placing contributions on these forms of political speech.  The law went into effect after the 2010 elections, restricting individuals or entities from donating more than $2,300 to a non-statewide candidate in an election, or $5,000 to a statewide candidate, a political party or political action committee. Prior to the new law, contribution limits totally independent of candidates was unlimited in New Mexico.

Plaintiffs assert that contribution limits in this case are impermissible restrictions on free speech, because this money would not be used to buy a candidate’s vote.  Because contributions are made to a political party, and not directly to the candidate, the contribution does not lead to the candidate making a deal with the contributor.  The candidate, as endorsed by the party, already agrees with the party’s platform, so the party is not really buying the candidate’s vote, either.

The New Mexico Republican Party issued a statement that: “We are confident that we will be successful in this case, as cases from around the country have found in favor of protection of freedom of speech, including a recent United States Supreme Court decision.”

RNLA member James Bopp, Jr., the lead attorney for the plaintiffs,  said, “there is simply no interest in restricting contributions to political parties, or contributions from political parties to candidates. It is unconstitutional for New Mexico to do so.”