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![handle is hein.sag/sagnm0046 and id is 1 raw text is: March 7, 2002
OPINION Opinion No. 02-01
OF
PATRICIA A. MADRID
Attorney General
BY: Mary H. Smith
Assistant Attorney General
TO: The Honorable Rebecca Vigil-Giron
Secretary of State
325 Don Gaspar Ste 300
Santa Fe NM 87503
QUESTION:
Is a provision of the Campaign Reporting Act [NMSA 1978, Section 1-19-34.4 (1993, as amended
through 1997)] unconstitutional because it provides for binding arbitration of alleged violations of that
Act for which a penalty has been imposed?
CONCLUSION:
No. Section 1-19-34.4 is constitutional, provided that the provisions of the Uniform Arbitration Act are
applied to allow judicial review of the arbitrator's decision.
FACTS:
The Secretary of State administers and enforces the Campaign Reporting Act (CRA). If the Secretary
of State determines that a person has violated a CRA provision for which a penalty may be imposed, she
must notify that person of the specific violation and the fine imposed, and inform the person that he or
she has ten working days to correct the violation and to explain in writing, under penalty of perjury, the
reasons, if any, for violating the Act. Section 1-19-34.4(C). The Secretary of State then sends a notice
of final action. Id.
The person may protest the notice of final action by submitting a written request for binding arbitration.
Section 1-19-34.4(D). The person selects a single arbitrator from the Secretary of State's list of five
arbitrators to conduct the hearing. Section 1-19-34.4(E). Following the hearing, the arbitrator may
impose any penalty the Secretary of State is authorized to impose, and must submit a written decision.
Section 1-19-34.4(F). The arbitrator's decision shall be final and binding. Id. The CRA provides that
the arbitration procedures are governed by the Uniform Arbitration Act, NMSA §§ 44-7-1 through 44-7-
22 (1971). Id.](ViewImageLocal?handle=hein.sag/sagnm0046&div=1&collection=&method=preview&ext=.png&size=3)