Democracy for New Mexico

Reception to Support Senator-Elect Tim Keller

Please Join Us!
For a Reception to Support Senator Elect Tim Keller
and Help Retire Campaign Debt
Click for Invitation (pdf)

Special Guests: The Honorable DIANE D. DENISH, Lieutenant Governor; The Honorable MICHAEL SANCHEZ, Senate Majority Leader; The Honorable LINDA LOPEZ, State Senator; The Honorable DEDE FELDMAN, State Senator; The Honorable CISCO MCSORLEY, State Senator; The Honorable JERRY ORTIZ Y PINO, State Senator; The Honorable SHERYL WILLIAMS STAPLETON, House Majority Whip; The Honorable AL PARK, State Representative; The Honorable MIMI STEWART, State Representative; The Honorable HECTOR BALDERAS, State Auditor and BRIAN COLÓN, Democratic Party Chairman

Hosted by: MIKE PUELLE; DREW SETTER; RICHARD ROMERO; ATF/NEA; VIRTUE, NAJJAR & BROWN; REESE EDWARDS; AFL/CIO; LINDA SIEGAL; ALBUQUERQUE AREA FIREFIGHTERS LOCAL 244; NERISSA WHITTINGTON; BRYAN ORTIZ; AFSCME; RANDY TRAYNOR; DEBBIE MAESTAS; JD BULLINGTON AND OTHERS

Next THURSDAY, September 11th, 5:30 - 7 PM
At the home of Ellen Griffiths and José Simbaña
2010 Alhambra SW, Albuquerque

Host $1000, Sponsor $500, Supporter $250. If you cannot attend please consider sending a contribution to Tim Keller For New Mexico at 11023 Vistazo Pl SE, Albuquerque, NM, 87123 or donate online at www.TimKellerForNewMexico.com.

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Fundraiser BBQ for Victor Raigoza Set for Sunday

Victor Raigoza is one of the good guys and he's running for New Mexico Senate in District 10. If we want to get the Legislature moving in the right direction on things like health care and ethics reform, we have to elect more and better Dems to serve. Victor is one of them. Whether or not we live in SD 10, it's incredibly important to support Victor and help gain another vital seat in the NM Legislature:

Please Join Hosts
State Party Chairman Brian S. Colón
Alison & Adam Giron
Senator-Elect Eric Griego
Senator-Elect Tim Keller
Paul Melendres
Shelley & Jeff Mund
(Host Committee Still in Formation)

At the Home of Brian & Aleli Colón
For a Barbeque Fundraiser to Benefit
Victor Raigoza Democratic Candidate for NM Senate District 10
Sunday, September 7th, 3:00 to 5:00 PM
1101 Diamondback Drive NE, Albuquerque

For more info click to see the invitation (pdf). Pass it on.

The Bad Guys Win (for Now): AG King & SOS Herrera Side with Shannon Robinson on NMYO; Shannon's Tirade on Senate Floor

No surprise here. Secretary of State Mary Herrera (right) decided to accept Attorney General Gary King's advice about changing New Mexico Youth Organized's legal status. Herrera evidently made her decision based on King's secretive determination, using undisclosed criteria, that the non-profit NMYO had crossed some undefined political line with its mailings about the voting records and campaign donors of certain lawmakers months before the June 3rd primary election.

Letter from the Secretary of State
Herrera issued her letter yesterday instructing Keegan King, the Director of New Mexico Youth Organized, to comply with the reporting requirements of a political committee rather than a nonprofit. You can read her letter here. Note that Herrera couldn't even get the letter's salutation right -- starting the letter with "Dear Mr. Keegan." The brief letter reveals no details about why the decision was made or the criteria used to make it. It simply says NMYO "appears" to be acting like a political committee, and gives the nonprofit ten days to explain and correct its alleged "violation" and complete and file documents that were attached to the original letter.

Herrera doesn't even bother to name or describe what she calls the "apparent violation," perhaps because she really doesn't know what it is. What we know is that defeated status quo insider Shannon Robinson complained to the AG back in May about NMYO. We know that the AG's office quickly jumped in response and sent Herrera an inaccurate, horribly researched letter two weeks before the primary. I'm sure that Robinson probably thought that would help him in the election. It had become quite clear that he was way behind.

We know that the AG's office then asked the SOS to ignore the letter and that there was a odd lull after that. We know that AG King finally did directly advise Herrera in a private meeting last Friday. And that today she jumped, without explanation or definition of the "violation" committed by NMYO. Nobody from the SOS's office or the AG's office has to date met or spoken with anyone representing NMYO or the Center for Civic Policy (its parent organization) about the matter.

Response by the Center for Civic Policy
Eli Il Yong Lee, Executive Director of the Center for Civic Policy, the parent group of New Mexico Youth Organized, issued this statement yesterday in response to the SOS's letter:

"The Center for Civic Policy and New Mexico Youth Organized strongly disagree with the decision made public today by Secretary of State Mary Herrera and Attorney General Gary King. We will pursue all legal remedies at our disposal.

With our educational mailings, we upheld our responsibility to make sure New Mexicans knew what actions have been taken on issues important to them by their elected officials. Any effort to restrict this legal activity would muzzle New Mexico nonprofits from doing the very important job of keeping public officials accountable. Public information is just that…public. Any attempt to hide this kind of information is not in the interests of the people of New Mexico. It is surprising that any public official would actually advocate for this irresponsible course of action."

If It Swims Like a Fish ...
So, is Mary Herrera caving under the same status quo political pressure that may be steering Attorney General Gary King on this matter? Nobody knows, but this whole thing sure looks fishy. And if it swims like a fish and blows bubbles like a fish, it probably IS fishy, right?

Don't forget that the press release issued by AG King to explain how he came to his legal position said, "If it walks like a duck and quacks like a duck, then it’s probably a duck. And I think we know a duck when we see one." Imagine an attorney general in any other state making a similarly vacuous and unprofessional statement to the press about a decision that could impact the majority of nonprofits operating in the state.

Super Heroes to the Rescue in the Windmill Tilt
I've been a Democrat all my life. It pains me that two of the top Democratic elected officials in the state seem to be acting without a logical, legal explanation or any semblance of fairness in furthering Shannon Robinson's Quixotic quest. It's hard for me to believe they take the paranoid Robinson seriously when he blames his thorough drubbing at the polls on some nefarious plot.

Everybody knew Robinson was probably finished when he was called out repeatedly by the Albuquerque Journal for steering legislative appropriations to the rugby team he coaches. He was caught in the act abusing public funds. He had no convincing explanation. Voters noticed.

But in Robinson's mind, it's Shannon against the world, and Mary and Gary are the super heros he calls forth to help him protect truth, justice and the American way. Well, if the American way means voting the wishes of your campaign donors, ignoring the pressing needs of your constituents and refusing to accept the results of an election.

Scare Tactics
Make no mistake about it. This particular attack may be against NMYO, but it sure seems designed to scare, intimidate and threaten other nonprofits from doing their jobs in educating the public about the behavior of their elected officials. The hit job also seems aimed at gobbling up the resources, time and attention of a number of nonprofits to lessen their effectiveness in educating the public.

Shannon Jumps the Shark
You'd think that Shannon Robinson's reprehensible behavior on the Floor of the State Senate last Friday, as well as other crazy statements he's made of late, would be highly embarrasing to both King and Herrera. This is the point of view they are both apparently defending.

Check out these gems reported by the NMI's Trip Jennings as Sen. Shannon Robinson's utterances on the Senate Floor last Friday during the New Mexico Special Legislative Sessiion:

Robinson said, "I'm on a manhunt. And I am going to track it down. Follow the money.... These nonprofit watchdogs are anything but that. They don't have a right to be a nonprofit. They are going to have to face charges of tax evasion. This is a scheme to avoid taxes We are going to see in the next few months ... the state Supreme Court will back us up on that. I think the AG will back us up.

During his speech, Robinson appeared to accuse Sen. Gerald Ortiz Y Pino of participating in a conspiracy of silence. "Sen. Ortiz y Pino will not comment," Robinson said. "He knows if he talks about it he can get indicted."

Robinson then turned questions toward Sen. Cisco McSorley, D-Albuquerque. McSorley would have none of it, however. "I dont know of anything of what you are talking about. I have no idea of what you are talking about," McSorley said to Robinson. "There you have it," Robinson said.

Here's the Albuquerque Journal's account of what they term Robinson's half-hour "tirade" on the Senate Floor. Quote:

In his blistering tirade, which included references to the devil, George Soros and the FBI, Robinson also accused city and state agencies of wrongdoing but gave no details. And he asserted that two senators have ties to the nonprofit, the Center for Civic Policy.

... On the Senate floor Friday, Robinson said, "That organization put out obscene literature. It shows a picture, supposedly of me, taking the oath of office with my left hand. Now only the devil swears in with his left hand." He also said Soros, a philanthropist and social activist, was financing the group — a charge Lee denies. [emphasis mine]

... McSorley said, "I don't think anybody has any idea about what you're talking about here. Robinson's response: "Okay. There you have it. And you know what? If you live by the sword you die by the sword. And if you lie under oath, eventually what happens is, the FBI shows up."

You have to give Robinson credit for chutzpah. He personally attacked two of the most ethically responsible and highly respected Senators in the chamber, right to their faces. You may or may not agree with the politics of Ortiz y Pino and McSorley, but there has never been even a whiff of scandal connected to either of them. Yet somehow, in Shannon's mind, they're in on the plot to get him. It's a pretty wide-ranging plot, after all.

The Plot Thickens
And now the "conspiracy" is spreading -- to federal races in New Mexico -- according to Robinson's rambling statements in an interview with Peter St. Cyr just before Shannon headed to Santa Fe for the Special Session. You really must listen to the entire audio file yourselves to get the full flavor of just where Robinson is headed with his "conspiracy" talk. It's no longer merely wacky. It's no longer merely odd. It's downright scary in my book. Listening to this interview made my hair stand on end. Maybe that's it. Maybe people are afraid to go too hard on him, you know?

See our previous post on this matter and the lawsuit filed by Robinson and two other losing primary candidates. That post contains a list of links to other posts related to the attack on the primary winners and various nonprofits. Also see another recent post that provides a statement by the Southwest Organizing Project on the attacks by Robinson.

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MUST READ: SWOP Responds to Lawsuit by Shannon Robinson et al.

Southwest Organizing Project (SWOP) issued the following statement today in response to the recent lawsuit against them, other nonprofits and three Dems who won their primary legislative races. The suit was filed by incumbent Democrats who lost their primary races to reform candidates on June 3, 2008 -- namely Sen. Shannon Robinson, Sen. James G. Taylor and Rep. Don Silva. All three lawmakers have a reputation in many quarters for putting the desires of entrenched interests before the needs of their constituents, the common good and ordinary New Mexicans. The very poorly written lawsuit claims fraud and conspiracy and takes a tone that's come to be known as tinfoil-hat, if you know what I mean.

Also See: Besides reading the entirety of SWOP's moving and convincing response, make sure you check out the op-Ed by Eli Il Yong Lee, Executive Director of the Center for Civic Policy, published in today's Albuquerque Journal. Let's hope that fair-minded individuals, including Democrats in positions of power, will read these materials carefully and consider what is at stake here, including their own reputations. It's not only progressives who are angry about the attacks on reform candidates and well respected nonprofits. The political futures of a number of Dems are on the line here, and the public will vote accordingly if this ill-considered charade continues to try and protect the status quo to the detriment of the common good. 

From the Southwest Organizing Project (SWOP):

See our full response here.

Since 1980, the mission of the SouthWest Organizing Project has been to empower the disenfranchised to realize equality and justice. These aren’t just nice words on paper meant to make us feel good, we actually believe this is possible.

Our primary purpose is to help low-income, communities of color organize themselves to build healthy, pollution free communities. One of the primary ways we do this is through public education so that New Mexicans have the information they need to urge action by their elected representatives.

Invariably, in the course of trying to achieve our mission, we face tremendous opposition from those maintaining the status quo – a status quo that has left New Mexicans ranked at the bottom of practically every social indicator from education to healthcare.

For us, it is not enough that the nonprofit sector simply work to alleviate the symptoms of poverty and racism. In addition to organizing, it is our duty to question the actions of decision makers that perpetuate relentless poverty and growing inequality.

Our theory of action is that we create opportunity for disenfranchised communities to insert their own voices into the crucial public debates that profoundly affect their lives. These opportunities derive from direct campaigns developed with communities of people to affect change. Making our voices heard, for us, has happened in a number of ways over our 30-year history. Sometimes it’s with a bullhorn in the street, other times it's sitting at the table with policy makers, and at other times it’s through direct communication via mail, telephone or radio to decision makers.

Along the way, we have consistently communicated to our constituents the voting records and campaign contributors of elected officials, urging them to communicate with their elected officials directly. We call this accountability and speaking truth to power.

Go to our blog for the full response: here
*******
See our previous post on this matter and the related confusion prompted by Attorney General King's sorta kinda official opinon on whether the legal status of the nonprofit New Mexico Youth Organized should be changed, in essence, to a PAC. That post contains a list of links to other posts related to the attack on the primary winners and various nonprofits.

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Support Dem Legislative Challengers Now: Fundraising Efforts Must Cease Friday

Not many people seem to know that all fundraising efforts for New Mexico legislative races must cease when the Special Session of the Legislature starts up on Friday. This suspension while the Legislature is in session can hurt our Dem incumbents seeking re-election, but it's an even a bigger obstacle for our Dem challengers who are fighting tooth and nail against well-funded Repub incumbents and need every dollar they can get. The candidates must stop asking for funds on Friday, but we can keep giving.

Two races deserve our special attention. In SD 10, Victor Raigoza is taking on the GOP's Sen. John Ryan in what's shaping up to be a very competitive race. To learn more, read this recent guest blog by Victor. This is a district with changing demographics. We have a very good chance of winning it in an election year like this -- when Repubs are so discredited -- and we have a terrific, hard-working candidate. Victor is running a highly effective grassroots campaign, door-to-door and person-to-person. He's definitely one of the good guys. Visit Victor's ActBlue page to easily donate online.

In SD 15, Dem Tim Eichenberg is neck and neck with GOP incumbent Sen. Diane Snyder in a race where Snyder is seen as hanging on by her fingernails. Many believe this is our very best opportunity for a pickup this year, in a district where Snyder is out of touch with her constituents and has shown a real lack of knowledged about important issues. There's been widespread grumbling about Snyder in SD 15 and, like Raigoza, Eichenberg is out there daily, knocking on doors and impressing voters with his firm grasp of the issues and his wide-ranging experience. Visit Tim's ActBlue page to contribute.

Tim was elected to the AMAFCA Board for three terms, where he led the successful effort to reduce residential property taxes. He was elected as the youngest Bernalillo County Treasurer in history for two terms, where he cut red tape and modernized the office. As Director of the NM Property Tax Division, Tim challenged the oil and gas industry to pay their fair share of taxes to support education.

We can win both of these races, IF we support our candidates.

You don't have to live in SD 10 or 15 to support Raigoza and Eichenberg. It benefits all of us if we can help these guys wrest two seats from the Repubs -- and gain two votes for change when the Legislature meets in regular session again in January.

We've come so close to passing many excellent bills, only to have them fail by one or two votes in the NM Senate. We can be successful next time IF we give now to help Dem challengers like Raigoza and Eichenberg keep up the pressure in their districts. They can't win if they don't have the necessary resources to carry out their battles.

Don't like all the backlash that been erupting about certain nonprofits and State Senate and House primary victories by progressives Eric Griego, Tim Keller and Eleanor Chavez? This is one way to fight back against the forces of the status quo. Let's help to elect two more voices for change who'll work hard for reforms in the areas of health care coverage, education, ethics, campaign finance and equality for all.

Please consider making even very small donations to Victor Raigoza and Tim Eichenberg. Every dollar counts in legislative races. And if you can't donate money, you can always volunteer for canvassing or phone banking. Yes, the up-ticket races are important to our future, but so are the contests for seats in the Legislature. Let's pool our resources and capture two more seats for the cause.

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Guest Blog: State Senate Candidate Victor Raigoza

This is a guest blog by Victor Raigoza, the Democratic candidate for State Senate in District 10. This race is ranked as one of the most important legislative pick-up opportunities this cycle for New Mexico Democrats, and Victor is a formidable candidate who deserves our strong support. We can win this one!

Brother and Sister Democrats,

I am ecstatic and honored to be the Democratic nominee for New Mexico's 10th State Senate district. I am especially excited at the prospect of being a part of this historic election cycle. Recently, stories which would indicate that we are not a united party have been reported in the press and blogs.  We have always been a party that prides ourselves on the size and inclusiveness of our tent and team. I believe we are Democrats because we all share a core set of values.

I am a Democrat because with every fiber of my being, I believe we have a responsibility to take care of each other. We have a responsibility to make sure that children are never hungry or denied access to quality education. We have a responsibility to protect our workers and our environment, our elders and our veterans. We have a responsibility to protect a woman's right to decide what happens to her own body. And, we have a responsibility to ensure that every human has access to quality and affordable healthcare. But I, as a Democrat, do not see these responsibilities as a burden. Rather, I embrace them and the opportunity they give us to make our community a better place.

If you agree, I am asking you to support my bid to become a New Mexico State Senate by clicking here to make an online donation now. Your contribution of $75, or whatever you're comfortable giving, will go a long way toward helping me bring our voice to the Legislature.

Now is the time to stand up and be loud, to be proud of our values and our beliefs.  We can no longer sit silently and allow the media or people who think we are wrong to dictate the agenda. We must be vocal and persuasive about how important this election is from the top of the ticket to the bottom. Now is the time for our Democratic family to come together! As a united front, we will be victorious! We are on the verge of history; but it can only happen if we all work together to achieve it.

Please help me, and my fellow Democrats, with contributions of time and money. With your support, I know we can make New Mexico the blue state it truly longs to be!

To find out more about how you can help, please email me at Victor4Senate@gmail.com or call my campaign at (505) 332-4128.

Thank you for your help and support,

This is a guest blog by Victor Raigoza, the Democratic candidate for State Senate in District 10. To learn more about his candidacy, click for Victor's Bio or visit his campaign website at https://victor4senate.com/.

Guest blogs provide an opportunity to express your opinion on pertinent political issues or to communicate directly with readers of the blog. If you'd like to submit a piece for consideration as a guest blog, contact me by clicking on the Email Me link on the upper left-hand corner of the page.

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Nonprofits Respond to AG King's Odd Behavior, Threaten "Unnnecessary" Litigation

I'll try to bring you up to date on the story of the manufactured outrage over direct mail pieces distributed by nonprofits to call attention to the voting records of certain long-time incumbents in the New Mexico State Legislature. And the legal wrangling going on as the story evolves.

The Letter from AG King's Office
Besides a recent lawsuit, we have a situation where Attorney General Gary King's office issued a letter in May to the Secretary of State advising that, in essence, New Mexico Youth Organized's status should be changed from a nonprofit to a PAC. The letter was sent the day after State Sen. Shannon Robinson reportedly complained to the AG's office about NMYO. The day after that, the office of the SOS reportedly got a call from the AG's office advising them to ignore their letter about NMYO. That's where action by the AG's office stopped -- until a recent story in the New Mexico Independent apparently prompted them to issue a press release on Friday standing behind the original letter from the AG's office. More on that below.

On What Criteria and Facts Did King Base His Opinion?
By any standard legal measure, it clearly appears the nonprofits -- including New Mexico Youth Organized -- followed the law in their activities. Their goal was to educate the community about who gave money to legislators and how legislators voted, as is their right and even their duty given the goals of the organizations. It certainly looks like they followed the rules and honored the traditional communication timelines. Moreover, they've said that their top-notch legal advisors thoroughly vetted their every action.

As far as I know, none of that has been challenged on specific, documented legal grounds by AG Gary King, either in his office's original opinion letter to the Secretary of State about the matter or in the Friday press release.

Putting the Cart Before the Horse
Oddly, although the AG's office issued an advisory letter to the Secretary of State in May and backed that letter in their Friday press release, they have also said that the matter is still under advisement and that they are performing "due diligence" to study the matter. Why would the AG's office issue an opinion letter and then dig into the case AFTERWARDS? I guess political pressure does strange things to some people. Big time muckety-muck.

Duck Soup
King issued what I think is an incredibly embarrassing press release Friday in lieu of any legal communication with the parties and stated he believes the legal status of New Mexico Youth Organized should be changed to a PAC because, to quote him:

“There’s an old saying that if it walks like a duck and quacks like a duck, then it’s probably a duck. And I think we know a duck when we see one.”

Quite the legal language for the people's top lawyer, isn't it? AG King offered no legal citations or factual documentation in the release to back up his view that the status of New Mexico Youth Organized should be changed. By his own account, King just knows an alleged offense when he sees it. He doesn't define how NMYO crossed the legal line, but apparently he knows in his heart they did. King's statement boggles my mind -- so I can only imagine what it does to minds trained in the law. And since when does the AG's office issue opinions in the media instead of using standard legal channels?

Two Nonprofits Rebut King
The Center for Civic Policy and New Mexico Youth Organized (NMYO), two of the local nonprofits being targeted, issued statements yesterday rebutting King and his advice to the Secretary of State:

The United States Supreme Court has made it abundantly clear that election officials are only permitted to regulate public statements that explicitly address elections.  They are not permitted to regulate public statements that relate to officeholders' conduct, even though those officeholders may be running for re-election.  This is fundamental to the First Amendment's guarantee of freedom of speech.  The Attorney General's statement that he recognizes what can be regulated on the basis of whether it 'walks like a duck' is an indication that he doesn't understand the law in this area, and he is inviting entirely unnecessary litigation against the State of New Mexico." [emphasis mine]

--John Boyd, Counsel for Center for Civic Policy and New Mexico Youth Organized, Freedman Boyd Daniels Hollander Goldberg and Cline

--Sara Berger, Counsel for Center for Civic Policy and New Mexico Youth Organized

"We are disappointed by Attorney General King's uncharacteristically glib assessment of a serious matter.  At stake is the ability of nonprofits throughout New Mexico to hold elected officials accountable for their actions and to advocate for issues that are critical to their missions.  Further, we are disappointed that the Attorney General is issuing a verdict through the media prior to his office completing its research on this matter."

-- Eli Il Yong Lee, Executive Director, Center for Civic Policy

Why Is All This Happening?
Ever since it became evident that three progressive reform candidates were making headway against entrenched, business-as-usual incumbents in the recent Democratic primary, the minions and mouthpieces of the lobbyists and big donors have been bent on discrediting the nonprofits and the three eventual winning candidates. They've planted rumors and statements on the blogs. They've complained about cheating and nefarious plots. The losing candidates filed a bogus lawsuit. And now this.

Why all the ruckus? Because genuine ethics and campaign finance reform legislation is coming closer and closer to passing. Because genuine health care reform is coming closer and closer to passing. Because domestic partnership legislation is coming closer and closer to passing. Et cetera.

The complainers -- named and unnamed -- and the primary losers have been reliable opponents of change and reform, within the legislature and in its hallways. They've functioned as stoppers, protecting the power blocs that oppose anyone rocking the corporate-steered boat. And now the people are learning the truth and voting accordingly. Damn right the status quo is feeling vulnerable. They're on the run as more and more election challengers and issue-based activists feel strong enough to go up against them. That's a good thing.

But what isn't good is that the erratic, opaque and secretive behavior of Attorney General Gary King related to this matter tends to suggest that he's taking his cues from political bigwigs rather than from the dictates of the law. I'm not saying it IS that way, but it sure LOOKS that way, doesn't it? It looks like certain parties are feeling cornered so they're trying to put the thumb on those who have a tendency to give in easily for one reason or another. I hope that's not true, but there it is. As they say, timing is everything.

Some previous posts on these and related issues:

• August 6, 2008: Griego and Keller Release Statements on Lawsuit by Incumbent Primary Losers; Robinson Talks Melodrama
• August 3, 2008: More Details Revealed on Lawsuit by Defeated Dem Incumbents Robinson, Taylor & Silva
• August 2, 2008: Robinson, Taylor, Silva: Fallen Dem Incumbents File Sour Grapes Lawsuit Alleging Campaign Finance Fraud
• July 30, 2008: Backlash Erupts Against Victories in NM by Ethical Progressives and the Growing Power of Reform Groups
• June 3, 2008: 2008 New Mexico Primary Winners; Upset Victories for Griego, Keller, Chavez
• May 30, 2008: SD 17: Shannon Robinson Hits New Low with Campaign Mailers; Gets Contributions from Vested Interests
• May 30, 2008: SD 14: What is James Taylor Hiding? Fails to Submit Campaign Donation Report
• May 29, 2008: SD 17: Tim Keller Earning Unprecedented Dem Support
• May 20, 2008: SD 17: "Alligators" Uninterested in Shannon Robinson Scandals?
• May 13, 2008: Strong Local Support: Griego Raises Nearly $60,000 for Dist. 14 State Senate Race
• May 7, 2008: Todos Para Tim! Launches to Support Tim Keller for State Senate
• April 3, 2008: NM House District 13: Guest Blog by Dem Challenger Eleanor Chávez
• April 1, 2008: Fooling Around: Hey Joe, Where's That Ethics Contest Winner?
• February 27, 2008: More Crocodile Tears Over "Failures" of Ethics Advocates
• February 11, 2008: Ethics: Aren't You Sick of the Unnamed Alligators?

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Griego and Keller Release Statements on Lawsuit by Incumbent Primary Losers; Robinson Talks Melodrama

Eric Griego tells it like it is:
"I thank voters once again for electing me as the Democratic nominee to the State Senate in District 14 with a wide margin, 62% to 38%. I am confident their vote for change in the June Primary will not be undermined by the unfortunate lawsuit filed Friday.

My team and I ran a strong, ethical, issue-based, grassroots campaign that spoke to real concerns.  Along with over 100 volunteers, I knocked on over a thousand doors and spoke to hundreds of voters.  I raised almost $90 thousand from nearly 500 contributors, many of whom gave $50 or less, all of which was timely and thoroughly disclosed.

I was endorsed by numerous community organizations including: New Mexico Professional Firefighters Association; Albuquerque Area Firefighters Local 244; National Education Association, New Mexico; American Federation of Teachers; Albuquerque Teachers Federation; Sierra Club; Conservation Voters New Mexico; South Valley Regional Association of Acequias; Democracy for New Mexico; and, Hispano Round Table. 

The voters and their desire for change determined the outcome of the election.  I am confident the Court will not overturn the will of the majority of the voters. I look forward to representing District 14 in Santa Fe as state senator."

Tim Keller speaks truth to power as he did in his campaign:
Having recently lost the June Democratic Primary election in Senate District 17 by a two to one margin, Shannon Robinson filed on Friday, August 1, 2008  in District Court to contest the election results claiming that voters were defrauded and a new election should be held. Robinson is also representing defeated incumbent legislators Rep. Dan Silva and State Senator James Taylor.

"The substance of this case is baseless. We are prepared to let the legal system take its course. We expect the case will be dismissed and the will of voter's decision will be upheld," says Tim of the lawsuit. "Our campaign followed the rules and spirit of campaign finance."

"I received the support of respected leaders like Senator Jerry Ortiz y Pino, City Councilor Rey Garduno, former Congressional candidate and State Senator Richard Romero; and longstanding pillars of the community like the Albuquerque Teachers Union, Albuquerque Fire Fighters Union, Albuquerque Journal and the Sierra Club.

"Each night my volunteers, family and I were on the doors, talking to voters about the policy issues affecting our district. I'm proud of the grassroots campaign I ran and honored to have received the support of elected and neighborhood leaders, donors and most importantly, an overwhelming number of voters in my district. I look forward to representing the people of Senate District 17 in Santa Fe."

On June 3, Tim Keller captured 66% of the vote in the Democratic Primary and defeated 20 year state senator Shannon Robinson in Senate District 17. More about Tim can be found at his website www.timkellerfornewmexico.com.

Paranoia Strikes Deep in Robinson
Primary loser Shannon Robinson, on the other hand, is still spreading his garbage in the blogsphere. Now he's claiming that some unnamed "insiders" from the alleged "conspiracy" to wrong him and fellow losers Dan Silva and James G. Taylor are "snitches" -- and he explains to Heath Haussamen that's how he got the basis for his frivolous suit. He insists it'll be the "snitches" who prove his case.

Even weirder, the suit claims that it's GEORGE SOROS and some mysterious others who funded the "conspiracy" to the tune of $1.5 million. I'm not kidding. A long-standing boogieman to the right-wingnuts, Soros has been accused of funding almost every liberal cause and candidate in the universe at one time or another. Now his eye just happened to be on three Democratic statehouse primaries in New Mexico. Amazing. With all the political causes and candidates seeking help in this election cycle, George chose three primary legislative races (and other unspecified contests) in the Land of Enchantment to be the beneficiaries of his secret largesse.

I knew that the defeated incumbents often voted like Republicans, but I didn't know they bought into the cliched conspiracy theories of the right about scary, scary Soros. I wonder if Robinson et al. are also awaiting The Rapture. Remember that late in the primary race Robinson put out the word that Tim Keller was actually a Republican, despite his many endorsements from prominent progressive politicos and organizations. Maybe Robinson was looking in the mirror when that strategy came into his head.

And don't forget THE ILLEGAL ALIENS! Yes, folks, the lawsuit also claims that non-citizens were rounded up, registered and "encouraged" to vote for the primary winners:

46. Contestants alllege that non-citizens were knowingly and recklessly registered by the non-profit defendants and their agents and Contestees and then encouraged those same non-citiizens to participate in the election and vote for Contestees.

Yes, the English is atrocious. Robinson must have been in a hurry. Or something. In fact, the lawsuit is rife with grammatical and factual errors. One big oopsie -- it falsely claims that Neri Holguin managed the campaigns of Griego, Keller and Eleanor Chavez. Chavez was never a client of Holguin. It also wrongly asserts that Holguin is the treasurer of Conservation Voters New Mexico. As Matt Brix of the Center for Civic Policy said to Haussamen, "There are so many completely outlandish allegations that we don't even know where to begin. Everything in the lawsuit is categorically untrue."

As to the chances for success with the suit, Robinson told Haussamen, "We're going to do real well. All you have to do is follow the money" He added that the situation is "like playing cards when the other side has a marked deck. Eric Griego says he knocked on 1,000 doors. Good for him. Then why did he have to cheat?" Earth to Robinson -- he didn't. He beat James G. Taylor hands down because of his convincing and personal outreach to the voters -- something you haven't done in years -- and his impressive track record of integrity.

Message to Ringleader Shannon Robinson -- First, admit to yourself that you were beaten because you no longer care one iota about your constituents and haven't served them responsibly in years. They noticed. Then go play some rugby and cool down in some dark joint with the wall leaners and influence peddlers you've come to know and love. You can all commisserate together about the unfairness of elections where the voters know the score because they've actually met candidates dedicated to service to the comunity, and they support them.

Robinson's actions seem like something out of those old screen melodramas. The problem is, he's the villainous guy twirling a greasy mustache and trying to tie innocent people to the tracks. In the end, the bad guy always loses and virtue always triumphs in those sensational plot lines. Remember?

Read the complaint here and here (PDFs). To see our previous coverage of these (and other) legislative primary races, visit our archive.

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More Details Revealed on Lawsuit by Defeated Dem Incumbents Robinson, Taylor & Silva

Even though it's Sunday, I thought I'd follow up on yesterday's post about a suit filed in state district court by Shannon Robinson, Dan Silva and James G. Taylor that alleges campaign finance fraud in connection with the victories of three Dem challengers to long-time incumbents in the June 3, 2008 Dem primary. Today's Albuquerque Journal includes an article by Sean Olson that reveals more details about the suit, which was filed late Friday afternoon.

According to the article,

The lawsuit names the Center for Civic Policy and its director Eli Lee; Conservation Voters New Mexico, its director Javier Benavidez and its president Ned Farquhar; the SouthWest Organizing Project and its director Albert Ozawa Bineshi; and New Energy Economy Inc., its president John Fogarty and director Keegan King as the nonprofits allegedly working with the winning Democrats in the campaign.

The three incumbent losers and their backers must be miffed indeed by their defeats to go after some of the most respected nonprofits and issue advocates in New Mexico.

"Our organizations have a long and proud history of working for ethics reform, good government, health care and a clean environment," Lee said in an e-mail Saturday. "As nonpartisan, not-for-profit organizations, it is our responsibility to educate the public about the votes and contributions of our elected officials."

Then again, it's not usual for the forces that defend business-as-usual practices in Santa Fe to harbor resentments against those seeking reform and progressive solutions to our problems. They like things just the way they are. The last of the good ol' boy machine clings to its power base.

Olson describes the suit as "alleging a conspiracy among [the defeated lawmakers'] opponents and local nonprofits to defraud voters and skirt campaign finance laws." More:

Sens. Shannon Robinson and James Taylor and Rep. Dan Silva all seek to have the primary election annulled in the state District Court lawsuit. The lawmakers, all Democrats, allege in the lawsuit a "secret campaign" among opponents Eric Griego, Tim Keller and Eleanor Chavez to distribute literature, make phone calls to voters and funnel at least $180,000 of undisclosed campaign funds using local nonprofits.

The three incumbents would not have lost the election without the alleged fraudulent activity, the lawsuit states. "You can't create a scheme to violate campaign finance laws. ... It's fraud," Robinson said Saturday.

The Challengers Won by Large Margins
Is it just me, or do you find it hilarious (if sad) that the three primary losers are asserting that they would have won if certain nonprofits had not revealed their voting records and positions on the important issues like health care, a raise in the minimum wage and ethics and campaign finance reform? After all, the incumbents were beaten by large margins in their primaries.

In SD 14, Eric Griego beat James G. Taylor, a Senator since 2004 and before that a State Rep, by 62%-38%. In SD 17, Tim Keller defeated Shannon Robinson, who's been in the Senate since 1989, by 66%-34%. Eleanor Chavez beat Dan Silva, who served in the House since 1987, by 54%-46%. Not exactly squeakers.

Response
The Journal article also relates some statements by those named in the suit that were first revealed last May in the paper when similar complaints were made about the actions of the nonprofits:

Officials for the Center for Civic Policy said in May they had sent out literature for the Legislative Accountability Project in conjunction with several other nonprofits, including the SouthWest Organizing Project. They said they sent the materials out as mailers starting after the end of the last legislative session as educational materials for voters based on the legislators' voting records, not as campaign materials intended to unseat lawmakers.

The mailers, which criticized the losing officials for their voting records and campaign contributors, were stopped more than a month before the primary to avoid the appearance of any partisanship, they said.

AG King's Involvement
Again according to the Journal the suit implicates the since disbanded New Mexico League of Young Voters and points the finger at New Mexico Youth Organized as its alleged successor group:

The lawsuit claims the $180,000 was distributed to the listed nonprofits to put out negative campaign materials without notifying the Secretary of State of any contributions or spending in the campaign. The $180,000 was originally distributed by the New Mexico League of Young Voters to the other organizations, it states.

The League of Young Voters group, however, disbanded last year and re-formed under a different capacity as New Mexico Youth Organized, a division of the Center for Civic Policy. It is directed by King.

Back in May, the office of the New Mexico Attorney General sent a letter to the Secretary of State advising that it was their opinion that New Mexico Youth Organized should be reclassified as a PAC. New Mexico Youth Organized claims the AG's office never contacted them to ascertain the facts:

The Attorney General's Office sent a letter to the secretary of state in May advising that New Mexico Youth Organized be recategorized as a political action committee, not a nonprofit, based on a complaint from Robinson. The secretary of state has not yet responded to the letter.

An attorney for New Mexico Youth Organized said at the time that the AG's letter was based on inaccurate information provided by Robinson, and the group was never contacted by the AG's Office for any fact-checking before the letter was issued.

Help Me Re King Quote
I swear I recall reading in the Journal that when Attorney General Gary King was later questioned about the letter from his office to the Secretary of State, he claimed not to know much about it as he was out of the country when it was sent by one of his deputies. Unfortunately, I can't find anything on the Journal site about this. Unfortunately, that's often the case when I use their incredibly poor search tool. Anyone else remember the quote by AG King?

What Evidence Did the AG's Office Rely On?
There has been no response yet from the Secretary of State's office or the Attorney General's office about this lawsuit by the incumbents. Isn't it time for AG King to come clean about the findings his office made that prompted someone in his office to send the letter to Mary Herrera about changing New Mexico Youth Organized's status? For starters, what were the criteria and evidence used in the AG's decision?

Gov. Richardson Contributed to the Incumbents
As an FYI, another Journal article from May of this year reports on primary candidate contributions made by Gov. Bill Richardson via his state campaign fund:

Receiving contributions from Richardson were: ... Rep. Dan Silva, D-Albuquerque, $2,000; ... Sen. James Taylor, D-Albuquerque, $5,000; ... Sen. Shannon Robinson, D-Albuquerque, $5,000.

For more background, see this Journal op-ed by Eli Il Yong Lee and Keegan King about the free speech activities by New Mexico Youth Organize. Also check out yesterday's AP article on the suit.

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Robinson, Taylor, Silva: Fallen Dem Incumbents File Sour Grapes Lawsuit Alleging Campaign Finance Fraud

Note: Also see my later post on this, published on Sunday, 8/3/08.
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Ah, now I get it. I posted the other day about the melodramatic whining and harumphing coming from certain blogs about the operations of certain local nonprofits and those who manage and donate to the organizations. The nonprofits have been circulating facts about legislative voting records and promoting a number of mainstream issues like expanded health care and ethics reform. Oh, horrors, not that!

Now I see that the alligators and eyes on Albuquerque were likely serving as mouthpieces for a concerted effort to create a useful reservoir of talking points. It appears they were preparing the way for the forces of business-as-usual to take action in court to try and get things back to the way they used to be. Back to when folks paid less attention to what their legislators were doing up there at the Roundhouse in Santa Fe and information sources were few.

New Mexico FBIHOP made the catch on a KRQE report that three long-time Dem incumbents who lost their June 3rd primary elections to reform Dems -- Shannon Robinson, James Taylor and Dan Silva -- filed a joint lawsuit late Friday. Among other things, the suit alleges that campaign finance fraud on the part of certain nonprofits cost the plaintiffs their seats. Get this: three legislators known for their antipathy towards campaign finance and ethics reform -- and often accused of being in cahoots with special interests -- are now claiming progressive reform candidates beat them soundly by employing unethical means. Do you hear the hypocrisy sensors going off all over Albuquerque? Woooo-woooo!

According to KRQE:

The lawsuit, filed minutes before court closed for the weekend, named the winning candidate, several nonprofit organizations and their managers and alleged illegal campaign tactics warrant voiding the election.

... It's a void election," Robinson told KRQE News 13. "When fraud so permeates the election as this, and it is done intentionally, it has to be voided."

Robinson filed the election contest on behalf of himself and the other two. Their chief claim alleges $180,000 from two nonprofit organizations was transferred to six other organizations to pay for attack ads. Shuffling the money that way was done to let the winning candidates avoid reporting the source of contributions to the secretary of state, the suit claimed.

Griego, Chavez, Keller: Incumbent Topplers

I see. It wasn't that Eric Griego, Tim Keller and Eleanor Chavez beat the three incumbents through their vastly superior field operations and voter outreach. It wasn't that the three worked hard to personally knock on doors for months in their districts. They didn't win because they garnered widespread support by taking strong positions on issues that matter to voters. And, of course, the voters weren't tired of being represented in Santa Fe by politicos who had completely lost touch with them.

No, according to the vanquished incumbents, they were beaten because the winners cheated somehow. Sour grapes from bitter losers. Well, it IS hard to see your little insular kingdom crumble to the forces of people power.

Read on:

"These people were reckless," Robinson [right] said. "They disregarded the campaign finance laws; they disregarded the ethics laws of New Mexico. They also disregarded the federal tax laws."

Those alleged violations plus other irregularities led to a "substantial difference in the three elections contested and would have changed the results had the fraud not occurred," according to the suit.

Not much response yet from the sued parties:

Two of the winning candidates, Keller and Griego, said they hadn't seen the lawsuit.  However they said Robinson and the other losers are resorting to a sour-grapes lawsuit.

And, so far, the only stories out there about the suit are the two I've cited. However, I'll bet that Monday morning's alligator post has been written for quite some time now. There's been what looks like a deliberate and longish rollout of the framing for this legal action by the champions of the monied lobbying classes. Count on it: When candidates of the people start winning, entrenched power cliques move quickly to try and stop the progress in its tracks -- before it multiplies.

You can see previous posts on the primary legislative races of those who filed suit in our 2008 Legislative Race archive.

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