Democracy for New Mexico

Rep. Mimi Stewart's Campaign Finance Reform Bill Passes NM House

From the NM House Democratic Leadership:
On Monday House Bill 821a — Campaign Reporting Requirements, sponsored by Rep. Mimi Stewart (D-Albuquerque), passed the House of Representatives with a 51 to 16 vote. The bill is part of the comprehensive ethics and campaign reform package that has been presented by House Democrats based on the recommendations of the Governor’s Task Force on Ethics Reform. 

Rep. Stewart said, “I am pleased that this essential element of ethics reform received bi-partisan support today. The public has been asking us to enact laws like this one for years and it is our responsibility as the state legislature to do so. This bill is only one part of a comprehensive program that is designed to apply to all elected public officials. Other bills in the package will also be voted on this week. I hope that all of them pass.”

New Mexico is one of only five states that does not have any type of campaign contribution limits. HB 821a enacts four reforms that strengthen state campaign finance law. It places limits on campaign contributions that are consistent with and indexed to federal law. That limit is currently $2300 per donor, per candidate, per election. And it requires disclosure of every occupation and employer or business of a contributor of $100 or more.

The bill closes a loophole in current campaign reporting requirements in the category of “independent expenditure” for out-of-state political entities. Previously, out-of-state donor organizations had no reporting requirements at all. It also grants the subpoena power to the Secretary of State for investigations into possible violations of the Campaign Reporting Act.

Nine Republicans supported the Campaign Reporting Requirements legislation, while 16 Republicans voted against it. There was no Democratic opposition to the bill. Opponents questioned why the legislation was necessary since there haven’t been any ethics transgressions from House or Senate members in recent years. They asked if the bill would really change anything.

“A crook is a crook is a crook. And crooks will be dishonest and go around the law no matter what we legislate,” said Rep. Cathy McCoy (R-Cedar Crest).

Rep. Ken Martinez (D-Grants) said, “This bill is part of eight items of legislation that form a comprehensive package. This bill is about institutional integrity. It is not a response to a particular case of wrongdoing. People worry about money in politics with good reason. This package takes a huge step towards openness, fairness and integrity in our state government.”

Speaker of the House Ben Lujan (D-Nambé) pointed out that the bi-partisan taskforce that studied the ethics issues over the past year and recommended the bills in the ethics package acted unanimously. On the House floor he also urged a 100% vote in favor of the bill.

“We are serious about these initiatives becoming a reality. We need to assure our citizens that we are protecting the integrity of our democratic process and access to the process. It is my sincere hope that we can achieve this is a bipartisan manner. It is unfortunate that some are choosing not to support this effort,” Speaker Lujan said.

Editor's Note: The bill now moves to the NM Senate Judiciary Committee. Click for contact information for its members. If campaign finance reform is to be successful this year, it's up to citizens to push for it, especially on the Senate side where a considerable amount of opposition exists. Please call or email the Senate Judiciary Committee as well as your State Senator to urge their support for HB 821a, as well as the other parts of the ethics reform package.

Campaign Finance Reform Bill Passes NM House Judiciary

From the NM House Democratic Leadership:
On Tuesday the NM House Judiciary Committee passed House Bill 821a — Campaign Reporting Requirements — sponsored by Rep. Mimi Stewart (D-Albuquerque), with a party line vote of 9 to 3. The bill is part of the comprehensive ethics and campaign reform package that has been presented by House Democrats based on the recommendations of the Governor’s Task Force on Ethics Reform. 

Rep. Stewart said, “New Mexico is one of only five states that does not have any type of campaign contribution limits. This bill would move us out of that group and require that all statewide and legislative candidates abide by the same rules.”

HB 821a enacts four significant reforms that strengthen state campaign finance law. It places limits on campaign contributions that are consistent with and indexed to federal law. That limit is currently $2300 per donor, per candidate, per election. And it requires disclosure of every occupation and employer or business of a contributor of $100 or more.

The bill closes a loophole in current campaign reporting requirements in the category of “independent expenditure” for out-of-state political entities. Previously, out-of-state donor organizations had no reporting requirements at all. It also grants the subpoena power to the Secretary of State for investigations into possible violations of the Campaign Reporting Act.

“This bill represents a balanced approach to campaign financing that everyone can abide by. It limits the ability of extremely wealthy interests to underwrite campaigns,” said Stewart.

Matt Brix, Executive Director of New Mexico Common Cause, said, “These are reasonable limits that will allow more people to be involved in the electoral process. It beefs up reporting requirements so that citizens know where the money that influences New Mexico politics is coming from.”

Organizations supporting the bill included the Albuquerque Chamber of Commerce and the New Mexico Association of Commerce & Industry, a strong backer of business growth in the state.

Editor's Note: This bill had previously passed the House Voters and Elections Committee on a vote of 8-4, again with Republican members either voting against it or absent. Despite the constant drumbeat of Republicans about alleged corruption, they apparently prefer to let NM remain as one of only a handful of states without limits on campaign contributions.  Strange, isn't it?

The bill goes next to the House floor. Please contract your state representative to urge their support of this bill. You can get contact information here.

Ethics Reform Bill Limiting Gifts Passed Unanimously by NM House Committee

From NM House Democratic Leadership:
Yesterday the NM House Consumer & Public Affairs Committee passed HB 819cs — the Gift Act sponsored by Rep. Gail Chasey (D-Albuquerque) — with a unanimous vote of 6 to 0. The Gift Act is part of the comprehensive ethics and campaign reform package that has been presented by House Democrats based on the recommendations of the Governor’s Task Force on Ethics Reform. 

Rep. Chasey said, “There is currently no law in New Mexico that regulates gifts to candidates, elected officials, or state employees. This bill will set the parameters of what is acceptable and legal for everyone, including lobbyists or companies doing business with the state and the recipient of the gifts.”

The Gift Act defines a gift as a donation or transfer of money, property, service, loan, or any other thing of value such as food, lodging, transportation, and tickets for entertainment or sporting events. The act restricts the value of a gift to no more than $250. Lobbyists or government contractors could not give more than $1,000 in gifts to an elected official or state employee in any one year.

The definition of a gift does not include the following: campaign contributions as defined under state and federal law, a gift from a close family member or friend, reasonable compensation for services, a loan from a traditional lender on terms that are available to all similarly qualified borrowers, or a retirement gift. It also does not include reasonable expenses for a bona fide educational program that is directly related to the state officer’s or employee’s official duties.

The act outlines those individuals or entities that would be considered “restricted donors.” Restricted donors would include those doing business with the state, professional groups or industries that would substantially benefit from the execution of the official duties of the recipient of the gift, or a registered lobbyist with the state.

Editor's Note: For more on the bills that comprise this year's ethics reform package, see our previous post. The bill will be heard next in the House Judiciary Committee. Click for contact info on its members. Please call or write to urge their support.

NM Senate Rules Commitee to Discuss Ethics Reform Today, Take Up Several Election Bills

From the NM Senate Daybook:
February 14, 2007, 8:00 AM – Senate Rules Committee – Room 321 – Committee Secretary 986-4746. For contact information for Senate Rules Committee members, click here. The Committee plans to hear an Ethics Task Force Discussion with Stuart Bluestone, Deputy Director, Attorney General’s Office and Dean Scarnecchia, UNM law School. The Committee also plans to review the following bills (among others):

SB 449 AUTOMATIC RECOUNTS IN CERTAIN ELECTIONS (FELDMAN): This is a very important bill being supported by Lt. Gov. Diane Denish, election reform activists and others to require and fund automatic recounts when the vote margin between the top two candidates in a general statewide or federal election is less than one half of one percent. Currently, only candidates can request a recount and must pay for it themselves unless serious mistakes or fraud is are found in the recount. Please contact the Committee members and urge their approval of SB 449.

SB 360 MUNICIPAL ELECTIONS BY COUNTY CLERKS (SANCHEZ M): Reassigns certain election duties such as providing a list of registered voters from municipal clerks to county clerks.

SB 363 ELECTRONIC CAMPAIGN REPORT FILING PROVISIONS (SANCHEZ M): Makes electronic filing of campaign reports voluntary, not mandatory as currently required.

SB 506 INDEPENDENT CANDIDATE QUALIFICATIONS (DURAN): Requires that independent candidate nominees for state office must have no affiliation with a political party and must reside in the district they're running in according to their voter registration as of the date of the governor's proclamation for the primary election.

Update on NM Ethics Reform Bills

I was going to reseach and report on what's going on with the ethics reform package at the NM Legislature, but Las Cruces blogger Heath Haussamen has already done a great job on that today. Check it out. Where there's life, there's hope. Let's put the pressure on our legislators to get these bills passed. Contact information is available at the official website of the NM Legislature. If not now, when? Click for our previous post on this issue.

Moving Along: NM Sen. Feldman's Bill to Open Legislative Conference Committees

Senate Bill 288, introduced by Senator Dede Feldman (D-Bernalillo-13), and that would require that legislative conference committees be open to the public, cleared the Senate Rules Committee Monday on a vote of 4-2. Voting against the bill were Steve Komadina (R-Sandoval) and (surprisingly) Linda Lopez (D-Bernalillo) The measure now moves to the Senate Public Affairs Committee (click to get contact info for members).

Senate Bill 288 amends Section 10-15-2 of the state’s Open Meetings Act to make meetings of conference committees as well as standing committees of the Legislature open meetings that are subject to the requirements of the Act. The language of Senator Feldman’s proposed measure would also eliminate the current exemption for “any bill, resolution or other legislative matter not yet presented to either house of the legislature or general appropriation bills.”

“This is about having a fully public legislative process,” said Senator Feldman. At least 40 of our states have open conference committees and there is no reason why we shouldn’t as well. There’s no reason to hide the ball when it comes to having the House and Senate work to come to agreement on proposed legislation.” The proposed legislation is supported by the New Mexico Foundation for Open Government.

Comprehensive NM Ethics Reform Legislation Introduced

From the NM House Democratic Leadership:
Santa Fe, NM – House Democrats joined their Republican colleagues last week in introducing a bipartisan ethics and campaign finance reform package. The package includes:

HB 818 – Public Financing of Statewide Campaigns introduced by Speaker Ben Lujan (D-Nambe)

HB 819 – Gift Act by Rep. Gail Chasey (D-Albuquerque)

HB 820 – Legislative Campaign Funds for Office Duties introduced by Rep. Ken Martinez, House Majority Leader (D-Grants)

HB 821 – Campaign Reporting Requirements introduced by Rep. Mimi Stewart (D-Albuquerque)

HB 822 – State Ethics Commission Act introduced by Rep. Mary Helen Garcia (D-Las Cruces)

HB 823 – Prohibit Certain Acts by Public Officers introduced by Rep. Joseph Cervantes (D-Las Cruces)

HJR 6 - Distribution for Legislative Expenses, CA introduced by Rep. Ken Martinez

Speaker of the House Ben Lujan said, “Maintaining the public trust and the integrity of our democratic process is important to all of us. We are working with the recommendations provided by the Governor’s Task Force and we intend to move forward with these initiatives on ethics and campaign reform.”

Rep. Martinez said, “These bills represent a tremendous amount of work by the Governor’s Ethics Task Force. This is a comprehensive package and we have a good opportunity to pass most of these bills this year.”

Rep. Cervantes said, “These bills will eliminate a pay-to-play approach to government. This is an area where New Mexico can lead the nation by adopting these reforms. They will provide citizens with the greatest assurance of ethical standards from state leaders and state officials.”

Rep. Chasey said, “We appreciate the work of the Ethics Task Force. These bills give us the opportunity to provide greater transparency in government.”

Rep. Stewart said, “I want to commend the task force on the broad view they took on ethics reform in New Mexico. We will work hard as a legislative body to pass these reforms.”

Rep. Garcia said, “New Mexico is one of the 10 states that haven’t instituted a state’s ethics commission. It’s well overdue to resolve some of the ethical problems the state has encountered.’

Rep. Eric Youngberg (R-Albuquerqe) said, “While I worked on the subcommittee that dealt with the possible impeachment of (former State Treasurer Robert) Vigil, it became clear that New Mexico was ripe for ethical reform. I am looking forward to this bipartisan effort to ensure that integrity in government is upheld.”

Rep. Kathy McCoy (R-Cedar Crest) said, “We strongly support transparency and accountability in government and quick disclosure of campaign contributions. As a member of the Governor’s Ethics Task Force, I know that the public is desperate to see public officials conduct business ethically. Our citizens deserve nothing less. Recent scandals in state agencies reflect on all of us and the public deserves lawmakers they can trust.”

Editor's Note: The website of Common Cause NM is a good place for information on the NM ethics reform package and ways you can support the effort. As the legislative session progresses they'll be issuing email alerts about this legislation. You can sign up at their website. For more on the introduction of the reform package, see this article by Steve Terrell at the Santa Fe New Mexican.

Stop Corporate Welfare and Government Secrecy in New Mexico

From Sue Dayton:
On January 27, 2007, the Albuquerque Journal published a front-page article, “Sandia’s Manager Receives Bonus: Lockheed Earns a Contract Extension and $7.7 Million.” The article reported on Lockheed Martin’s “outstanding management” of Sandia National Laboratories. Lockheed’s management was so outstanding that Lockheed executives got $7.7 million in bonuses on top of its $16.6 million “fixed fee” for running the nuclear weapons lab! To add insult to injury the so-called “report card” with the information about Sandia’s performance and the executive bonuses is being withheld from the public. Along with the article the Journal published an editorial calling for the release of Sandia’s “report card” titled, “Let Taxpayers in On Sandia’s Open Secret.”

American taxpayers - and especially New Mexicans - should be OUTRAGED! Why?

• It’s called corporate government welfare. Taxpayers’ hard-earned money should not be used to pay the bonuses of Lockheed executives for doing what they should be doing.
• Sandia National Laboratories and the National Nuclear Security Administration (NNSA), the sub-autonomous agency of the U.S. Department of Energy now in charge of the nation’s nuclear weapons labs, is creating its own system of classifying documents that should be made public.
• The “classified report card” on Sandia’s performance reeks of government cover-up under a closed-door policy instead of the new open-door policy of government that the House has now pledged to implement. The NNSA’s authority to designate public documents “for official use only” is out of control and the NNSA should be removed from running the labs altogether.
• Sandia’s “classified report card” needs to be released in its entirety. Not 50%, not 75%, not 95%, but in its entirety.

The new House Democratic leadership has pledged to “clean up Washington” by creating an honest government and open leadership policy. Your representatives need to hear from you now. It’s time to tell them that corporate welfare is not the responsibility of American taxpayers and government reports that are not classified should be made available to the public.

Feel free to use the bullet points above and send your letter to the following representatives:

Nancy Pelosi, Speaker of the House
Office of the Speaker
235 Cannon House Office Bldg.
Washington, D.C. 20515
(202) 225-4965
sf.nancy@mail.house.gov
www.house.gov/pelosi
(letters can be submitted via e-mail, website or by mail) 

Bart Stupak, Chairman
Energy and Commerce Committee
Subcommittee on Oversight and Investigation
2125 Rayburn House Office Bldg.
Washington, D.C. 20515
(202) 225-2927 telephone or FAX  (202) 225-2525
(no e-mail address is available so send letter by mail or fax)

Senator Jeff Bingaman
United States Senate
703 Hart Senate Office Building
Washington, D.C. 20510
(202) 224-5521
E-mail: senator_bingaman@bingaman.senate.gov
(letters can be submitted via mail or e-mail)

Congressman Tom Udall
1410 Longworth House Office Building
Washington, D.C. 20515
www.tomudall.house.gov
(letters can be submitted via website or by mail)

Congresswoman Heather Wilson
318 Cannon House Office Building
Washington, DC 20515
202-225-6316 phone
202-225-4975 fax
www.wilson.house.gov
(letters can be submitted via website, fax or mail)

Government Accountability Project
Gloria Jarmon, Congressional Relations
441 ‘G’ St. NW
Washington, D.C. 20548
(202) 512-3000
E-mail: congrel@gao.gov

If you have any questions please feel free to contact me via e-mail. Many thanks for taking the time to write your representatives about this matter of utmost importance. 

Sincerely,
Sue Dayton
sdayton@swcp.com

Gov. Richardson Releases Proposed Ethics Reform Package

Here's a pdf of the press release. Gov. Bill Richardson will be pushing for legislation in January in the following areas:

• Establish an independent ethics commission
• Limits on gifts
• Set campaign contribution limits
• “Clean Elections” public financing
• Better campaign reporting
• Amend Governmental Conduct Act

As always, the devil will be in the details, a few of which are provided in the press release. I haven't looked at the proposals much but what jumps out at me initially is that public financing for candidates beyond the currently applicable PRC races will be extended only to contested judicial contests. I find that very disappointing since reform activists have been pushing for voluntary public financing for all candidates in all races. It's certainly important to get special interest money out of judicial races, but I think that special interest money is much more suspect in other more competitive races.

No gifts over $250 would be allowed generally, with a $100 limit during legislative sessions. Campaign contribution limits would be $2,100 per individual, per election in statewide races, with $1,050 limits for PRC and District races, and a ban on cash of more than $100 from one person.

An independent ethics commission would have "strong powers to investigate and discipline, including the ability to fine, censure, and reprimand public officials, state employees, lobbyists, contractors and officials." I don't know if that would include the power of subpoena witnesses.

Check out the press release and feel free to leave your comments on the Governor's proposals. I'm not sure how they match what his task force on ethics and campaign finance recommended, but I'll be looking at that soon.

BREAKING: Rove & Mehlman Possibly Implicated In Abramoff Scandal

David Sirota writes:

Roll Call has breaking news on a new congressional report that is expected to be released showing “hundreds of contacts between top White House officials and former lobbyist Jack Abramoff and his associates” that “raise serious questions about the legality and actions” of those officials.

Here’s the key excerpt:

“The 95-page report, which White House officials reviewed Wednesday evening but has yet to be formally approved by the panel, singled out two of President Bush’s top lieutenants, Karl Rove and Ken Mehlman, as having been offered expensive meals and exclusive tickets to premier sporting events and concerts by Abramoff and his associates. In total, the committee was able to document 485 contacts between White House officials and Abramoff and his lobbying team at the firm Greenberg Traurig from January 2001 to March 2004, with 82 of those contacts occurring in Rove’s office, including 10 with Rove personally. The panel also said that Abramoff billed his clients nearly $25,000 for meals and drinks with White House officials during that period…During the period examined by the committee, Bush administration officials repeatedly intervened on behalf of Abramoff’s clients.”

Here's the full story: Roll Call. Another excerpt:

The committee was able to uncover numerous times when Abramoff and his associates attended social events with senior White House aides using tickets or passes supplied by Abramoff. For instance, Abramoff attended an NCAA Tournament college basketball game with Rove in March 2002. Afterward, Abramoff told an associate that Rove was “a great guy” who told him “anytime we need something, just let him know” via Rove’s assistant, Susan Ralston. Ralston worked for Abramoff before moving over to the White House.