Democracy for New Mexico

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

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NM-Sen: Pearce Demands Firm Dates for Debates with Hippies at Woodstock

Wait, that can't be right. That headline must have popped into my head because the strange vibes of GOP Senate candidate Steve Pearce's attack on hippies are still lingering in my head. You know how it is. What his campaign is really doing is trying to set a seven-day deadline for a decision from Dem Tom Udall's camp on debate dates.

The Pearce campaign sent out an open letter to the media yesterday whining that the Udall campaign isn't moving quickly enough to finalize a set of debates. Pearce must be postively itching to get onstage with Udall and chant his drill, drill, drill and nuke plant, nuke plant, nuke plant mantras, thinking that will seal the deal with New Mexico voters. Authoritarian personalities are like that.

Udall spokeswoman Marissa Padilla says the letter surprised her because the two campaign managers had what she described as a civil telephone conversation Friday and had agreed to talk again this week to finalize the debate details. "We're seeing another disingenuous cheap attack on Tom Udall from Steve Pearce," Padilla said. "Given Pearce's lockstep support for the failed Bush administration policies that got us here in the first place, I would not be too eager to debate Tom Udall."

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Monday: Bush Legacy Tour Comes to Albuquerque

Brace yourself and watch the video to refresh your memory about some of the too-numerous-to-name failures that make up the disastrous legacy of Bush and his conservative cronies. Then think about what's at stake in November when one of those conservative cronies has a chance to win another four years for the team. Then get off the couch and get active.

Americans United for Change has created a museum on wheels that documents some of the worst moments of the last eight years under Bush and the conservatives, and it's coming to Albuquerque on Monday, August 11, 2008. Stop by the bio-diesel-fueled bus to see the memorabilia and show your support for American United:

Monday, August 11th, 11:00 AM - 1:00 PM
In front of Natural Sound music store and Flying Star Cafe
Central Avenue and Carlisle Blvd, Albuquerque, NM

Pass it on. To learn more about the Bush Legacy Tour, and to see what other stops it will be making this summer and fall, visit BushLegacyTour.com. The tour will be in Farmington, NM on Tuesday.

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Concerned About Election Integrity? Sign Up Here

Many people complain about how elections are run, but too few step up to the plate to help them run smoothly and effectively. If you're concerned about making sure every vote counts, consider signing up to be a poll official.

From the Bernalillo County Clerk's Office:
The Bernalillo County Clerk's Office, Bureau of Elections, is actively recruiting Poll Officials for the General Election to be held on November 4th, 2008. Training classes will be provided, and are mandatory. There will be a selection of training times from which to choose, and each will last approximately 2 to 3 hours. Poll Officials are compensated for their Election Day work as well as Training time. 

The Election Day work schedule is 6:00 AM – 9:00 PM. Please be prepared to attend the entire day. Poll Official Requirements:

• Must be a Registered Voter in Bernalillo County
• Must have no Felony Convictions
• Cannot be a relative of a candidate
• Cannot be an active Law Enforcement Officer

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Albuquerque Sighting: CNN Express Yourself Tour

It's no surprise that New Mexico is one of the most important states in the nation during this election cycle. With three House seats and one Senate seat up for grabs and another tight presidential race shaping up here, we're already getting lots of attention from the national press, bloggers, pundits, political analysts and TV talking heads. There'll be much more to come as we inch closer to November 4th.

John Blair, Obama New Mexico's Political Director, told the DFA-DFNM Meetup last night that New Mexico is ranked Number 6 on Obama's list of vital battleground states. The campaign will be focusing much attention on New Mexico and devoting a ton of resources here from now until election day.

You never know who or what you're going to run into on any given day in our moving-to-all-Blue state. This morning, Mary Ellen ran into the CNN Express Yourself Tour trailer parked near her workplace. The trailer is traveling around the country seeking out and interviewing first time voters as part of CNN's League of First-Time Voters project. It'll be exploring Albuquerque all day today looking for newbies, including a stop outside Isotopes Park starting at 5:00 PM.

If you're a new voter, you can also submit your own video with questions you have about the election at the League's web page. Selected videos will be featured on CNN's Election Center broadcast weekdays.

Photos by M.E. Broderick. Click on photos for larger versions.

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Register Now for Camp Wellstone Training in ABQ

From Camp Wellstone: Camp Wellstone is on the road again. With a big election coming in November, we're training candidates, campaign workers, and community activists across the country in key states. Our next stop -- Albuquerque, NM. Make plans now to join us, August 16-17, 2008 at the Hyatt Regency. Register today for Camp Wellstone Albuquerque.

This two-day training, in collaboration with America Votes, the Center for Civic Policy and the Center for Progressive Leadership, is geared toward individuals wanting to make an impact in the 2008 election. With offerings for candidates and campaign workers, this training will combine lectures from highly experienced trainers and interactive exercises and simulations. Check-in and an opening reception kick off the weekend on Friday evening and the training will run from 10 AM Saturday through 5 PM on Sunday. Participate in one of these tracks:

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NM-Sen: Take2 for Udall and Udall Town Hall Meeting at Page One

Jill Cooper Udall explains the Take2 for Udall program
(Turn your volume way up)

Join the Take2 Team: At a Women for Udall rally yesterday at the UNM Law School, Jill Cooper Udall unveiled the campaign's new Take2 for Udall project. The idea is for each Udall supporter to get two new voters registered and make sure they vote in the November election. Those two can be encouraged to find two more new voters and so it goes. Or you can find two more yourself. Sign up to join the Take2 Team here or text Take2 to MYTOM. Once you sign up, you'll get the forms and info you need to get folks registered.

Albuquerque Town Hall: A town hall meeting with Tom Udall is set for Saturday, August 16 at 11 AM at Page One Bookstore, 11018 Montgomery Blvd. NE in Albuquerque. You will have an opportunity to discuss the campaign and ask any questions that you may have on issues that are most important to you. For more information contact Andrew Marshall at (505) 884-3055. Everyone is welcome.

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Steve Pearce's Hippie Hippie Shake: Don't You Want Somebody to Love?

Stare into the center of the mandala, Steve

As I commented on Matt's post at NM FBIHOP about the Steve Pearce hippie attack ad on Tom Udall, Grace Slick used to sing "One pill makes you larger. And one pill makes you small." Steve Pearce must have gotten the one that makes you small -- and that causes flashbacks for 40 years. Steve isn't looking for somebody to love -- he's trying to get people to dredge up old grudges from decades past. He must still carry that baggage from all those years ago. Stuck in the past like an angrily buzzing fly in a time-warp web.

Early Beatles do Hippie Hippie Shake.
Steve only shakes it to the right.

I highly doubt Steve can shake his hips. Maybe he never could and that's why he's still so angry about days gone by. I wouldn't be surprised if Pearce resented the Beatles too -- all that long hair, infectious energy and lust for life and love. He's carried the battle against everything liberating all the way to the 21st century.

Somebody had to do it. Why not someone so incensed by uppity women, peace symbols, solar energy, 1969 love beads and silvery minnows that he takes out a full-page ad in the Albuquerque Journal on them in the year 2008. And then tries to hang all the bathos and pathos of an era gone by on Tom Udall, his highly popular Senate seat rival -- who has a nasty habit of living in the present and approaching the future with optimism and ideas. Change and the future are scary to those stuck in the past and hung up over milk that spilled in the days of yore. Fear of the new. Fear of the other. Fear of creative thinking and being.

Tell Me This Is Sane
Check out what Pearce has to say in this Albuquerque Journal article. Does he sound sane speaking about his full-page Journal ad full of faux-hippies?

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Albuquerque DFA-DFNM Meetup Tonight: New Obama Political Director for NM

Tonight's the night for the monthly DFA-DFNM Meetup -- at 7:00 PM at the Social Hall of the First Unitarian Church on the SW corner of Carlisle and Comanche in Albuquerque. Click to join the group and/or RSVP.

We're excited that we'll be hearing from John Blair, the new State Political Director for the Obama campaign in New Mexico. He'll be discussing how the Campaign for Change is going, where it's headed and how we can get involved. He'll be happy to take on your questions.

We'll also be discussing the upcoming special legislative session, the Democratic Convention in Denver, the backlash against local progressive victories and how we can help turn New Mexico Totally True Blue on November 4th. We'll also be asking for your input on what you want to focus on in the coming months. There's so much going on it can be difficult to prioritize our energies. Come on down and join in the discussions.

NM-01: Hey Darren, Who Paid for Your Hospital Stay?

The rumors are swirling about the possibility that Heather Wilson and her power brokers (like Pete Domenici) are trying to push Darren White out  as the GOP Congressional candidate in NM-01. The talk is that Darren is such a weak candidate, poor fundraiser and loose cannon on the campaign trail that certain biggies in the GOP would love to shove him aside and insert Heather into the race for what is currently her seat. No matter. To me, Darren and Heather are two peas in a pod. And the pod is owned by the mega-corp lobbyists who are part and parcel of the Bush-McCain team.

Nobody seems to know where the rumors started, or if they have any validity. But what we do know is that even though White lacks some important candidate skills, he has something that more than 419,000 New Mexicans and 47 million American don't have -- health insurance. Last week, when White injured his back, New Mexico's government and taxpayers picked up the tab for his hospital stay.

White Was Against Universal Health Care Before He Was For It: Darren has his top-notch health insurance but he's been against making sure that New Mexicans have theirs. White said he opposed health care for every New Mexican at the Health Action New Mexico Forum earlier this year. However, now that his injury has put him in the spotlight on health care, he's changing his tune -- at least rhetorically. He's suddenly pretending he's all for universal health care. Yesterday, he said our country should, "provide affordable, accessible, and portable health care to all those New Mexico families and children." 

Quite a flip flop.

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