Section 1-19A-17 - Penalties.
1-19A-17. Penalties.
A. In addition to other penalties that may be applicable, a person who violates a provision of the Voter Action Act [1-19A-1 to 1-19A-17 NMSA 1978] is subject to a civil penalty of up to ten thousand dollars ($10,000) per violation. In addition to a fine, a certified candidate found in violation of that act may be required to return to the fund all amounts distributed to the candidate from the fund. If the secretary makes a determination that a violation of that act has occurred, the secretary shall impose a fine or transmit the finding to the attorney general for prosecution. In determining whether a certified candidate is in violation of the expenditure limits of that act, the secretary may consider as a mitigating factor any circumstances out of the candidate's control.
B. A person who willfully or knowingly violates the provisions of the Voter Action Act [1-19A-1 to 1-19A-17 NMSA 1978] or rules of the secretary or knowingly makes a false statement in a report required by that act is guilty of a fourth degree felony and, if he is a certified candidate, shall return to the fund all money distributed to that candidate.