Victory: U.S. District Court Grants NM Youth Organized and SWOP Summary Judgment in Nonprofit Suit

Note: Also see our which includes a statement about the decision issued by the Center for Civic Policy.

Today, the Honorable Judith C. Herrera of the U.S. Region Court for the District of New Mexico issued a Memorandum Opinion and Order that gifts rundown judgment to the offended parties New Mexico Youth Organized (as venture of the Center for Civic Policy) and Southwest Organizing Project in their suit against Secretary of State Mary Herrera.

The claim was a reaction to Herrera sending a letter to the charities debilitating to arraign or generally authorize them for their inability to enlist and report as political boards. The offended parties looked for a revelatory judgment expressing that specific arrangements of New Mexico's Campaign revealing Act are unlawful, either facially or as connected to them, and asserted Herrera's undermined activity compliant with the Act disregarded their First and Fourteenth Amendment rights. Snap to peruse the whole 30-page administering.

The Secretary of State had purportedly based her request that the philanthropies record as PACs on the odd - without a doubt - conclusion of Attorney General Gary King. Lord said he thought the charities had been acting politically when they conveyed instructive post office based mail pieces months before a pending race to the locale of a modest bunch of administrators. The pieces managed the administrators' votes on specific bills, and how the votes corresponded with the interests of some of their expansive crusade contributors. The main clear reason AG King refered to clarify his view was that if something strolls like a duck and acts like a duck, it's a duck. I figure he wasn't right - at any rate as per the judgment of the U.S. Area Court.

Quack, quack!

In the wake of surveying the movements, briefs, connections, and sworn statements, and being generally completely educated, the Court finds that Defendant has not met its weight to show the lawfulness of the tested statute, and along these lines finds that Plaintiffs' movement for outline judgment is well taken and will be allowed. Since the allow of outline judgment agrees Plaintiffs the greater part of the help that they look for, their movement for preparatory order is denied as unsettled.

The first grumblings to AG King about the mailings originated from previous State Senator Shannon Robinson, who wound up being crushed in the 2008 Democratic Primary race at this point Sen. Tim Keller, and Dem Sen. Bernadette Sanchez, who was reelected to her seat in 2008.

For more background on this matter, see these previous DFNM blog posts:

• May 8, 2009: Monahan's NOT Number One: Den Mother Weighs in on Swampy Slurs from Alligator Man
• April 17, 2009: Attacks on Free Speech Rights of Nonprofits (and Others) Continue in New Mexico
• February 5, 2009: End of the Road for "Sour Grapes" Lawsuit by Losing Legislators
• December 17, 2008:
• November 18, 2008: Monahan Ignores Realities, Sticks to Spinning for Old Guard; AG King Now Issuing Threats in Blogosphere
• August 19, 2008: The Bad Guys Win (for Now): AG King & SOS Herrera Side with Shannon Robinson on NMYO; Shannon's Tirade on Senate Floor
• August 10, 2008: Nonprofits Respond to AG King's Odd Behavior, Threaten "Unnnecessary" Litigation
• 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 Group
• 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?