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Can candidates for political office use raffles to raise campaign funds?

Candidates for political office or a group specifically dedicated to raising funds for an individual running for elected office do not qualify as a “qualified organization” with a charitable purpose under either the Bingo and Raffle Act or Criminal Code to fund raise with raffles.

Can I use a game of chance to solicit donations?

The Charitable Solicitations Act is found at §57-22-4 NMSA.  There is no provision in this act providing for the general use of games of chance to solicit charitable donations.  However, there are specific statutes, the Gaming Control Act, and the Bingo and Raffle Act which permit using specific games of chance for charitable purposes and which set out specific legal guidelines for doing so.  There are no statutes permitting the use of ANY other game of chance for the purpose of soliciting charitable donations.

Can an organization conduct games of chance on a liquor licensed premise?

NO, commercial gambling is strictly prohibited on liquor licensed premises.  60-7A-19(A) NMSA 1978.  Pursuant to 60-7A-19(C)(2) NMSA 1978, commercial gambling does not mean:    

(a) activities authorized pursuant to the New Mexico Lottery Act, 6-24-1 to 6-24-34 NMSA 1978; and
(b) the conduct of activities pursuant to Subsection D of Section 30-19-6 NMSA 1978; and
(c) gaming authorized pursuant to the Gaming Control Act, 60-2E NMSA 1978, and as in a manner limited by and permitted by this Act.    

The Liquor Licensee remains subject to all of the duties and responsibilities prescribed by the New Mexico Liquor Control Act.  Liquor Licensees and charitable organizations are encouraged to work cooperatively to provide a safe environment for each event.

What types of games and activities are prohibited by law?

Examples of prohibited games and activities include but may not be limited to –

  • Calcutta’s, side bets, or any other method or game in which a participant bets on a ticket, number or other item to become a winner.
  • “Casino nights” where money is paid for the opportunity to play a game of chance and win money, prizes or other things of value based on the random outcome of a game even though there may be some skill involved.
  • Wagering on the outcome of sporting event, or betting pools, with the exception of horseracing, where bets are placed AT a licensed track.  Parimutual or any other type betting by phone or “on-line” is not permitted.
  • Raffles or lotteries in which all or part of the prize consists of alcoholic beverages.
  • Poker Games/Poker Tournaments/poker runs if money is paid for the opportunity to play and if money or prizes are being awarded as a result of the outcome of the game.

Can “I”, a private home owner raffle my home instead of selling it?

No.  In order to hold a raffle in New Mexico, you (an organization) must qualify as such under either the Bingo and Raffle Act or as defined by the Criminal Code to do so and all the proceeds must go to lawful purposes as defined by the law.

What types of games and activities are permitted under the Bingo & Raffle Act?

Examples of Permitted Activities by Qualified Organizations–

  • Raffles and Lotteries where tickets are sold in advance and the winners’ names are drawn at a specific date, time and place for predetermined prizes.
  • Reverse drawings in which the prizewinner is the person whose name is drawn last at a specific date, time, and place
  • Door prizes where money paid, if any, is to attend the event or for the entertainment offered but not for the chance to win a prize.  All door prizes with a monetary value over $100 shall be approved by the Gaming Control Board, NMAC.