One thing that didn’t make it into today’s story about Albuquerque’s public financing system is this little tidbit:  If campaign activity should have triggered matching funds before election day, but didn’t because of late/improper campaign finance reporting, the city will not distribute those funds after election day.

“Once the election has occurred, then there’s no more activity and that’s what the money was meant to be spent on,” City Clerk Randy Autio explained.

That’s why reporting campaign spending before election day is important.

All three candidates for mayor in 2009 were allowed expenditures up to $360,800, including the public funds given to them by the city and an additional ten percent allowed as in-kind donations. And all three spent less than they were allowed, leaving a buffer for last-minute expenses; they have until November 20 to file final disclosure statements with the city clerk.

According to reports, Mayor-elect Richard Berry spent $316,119; Mayor Martin Chavez spent $323,612; and Richard Romero spent $348,358.

“If they spent more than their limit, then they overspent, and would have violated the act by overspending,” he said.

As to a penalty for that,  it’s pretty minor on the books. The real penalty, Autio says, is the potential for political fallout.

“The penalty is in the court of public opinion, they would have to deal with political consequences,” Autio said.