The state Supreme Court has issued a preliminary order and set a hearing on a campaign finance lawsuit filed by Democratic gubernatorial candidate Gary King. The preliminary order blocks Secretary of State Dianna Duran from forcing King to handover $10,900 in contributions.

At the center of the dispute is a state law limiting campaign contributions to $5,200 for a primary election and $5,200 for a general election. King’s post-primary report reflected contributions received after the date of the primary and in amounts more than the $5,200 general election limit, but at or under the $10,400 two-election limit.

Duran contends a candidate may not accept contributions attributable to the primary after the election has occurred when offered by donors who have given the maximum amount for the general election. The Office of the Secretary of State has previously advised candidates to provide clarification on the campaign report if a contribution should be applied to more than one election.

The hearing is scheduled for August 28, 2014.

Attorney General Gary King received more than 33 percent of the vote in a field of five candidates to win the Democratic nomination for governor. King will face a general election match-up with Republican Gov. Susana Martinez, who ran unopposed in the Republican primary.

Martinez, a former district attorney from Las Cruces, was elected the state’s first female governor and the nation’s first female Hispanic governor in 2010.

King, a former state legislator and son of former Gov. Bruce King, raised about $476,000 for his gubernatorial bid since October. More than half of the contributions were in the form of King’s personal loans to the campaign.

During the same period, Martinez raised more than $2.4 million in campaign contributions.

The Legislature adjourned sine die on Thursday, February 20, 2014.

A bill to expand revolving door restrictions passed the House, but did not move out of the Senate Rules Committee.

Gov. Susana Martinez has until March 12 to act on legislation. Any bill failing to reach her desk is now dead.

A bill expanding revolving door restrictions passed the House and now goes to the Senate for consideration. House Bill 82 prohibits former statewide elected officials, public regulation commissioners, legislators, and cabinet secretaries from accepting compensation as lobbyists for a period of two years after leaving public service.

The bill also prohibits employers of lobbyists from hiring the former public officials before the end of the two-year period.

Opponents of the bill believe it is unfair to impose the restrictions on legislators who receive no salary. Legislators receive only a $159 per diem when in session and at committee meetings.

A state bill regarding revolving door restrictions passed the House Business and Industry Committee and is now in the House Judiciary Committee for hearings.

House Bill 82 prohibits former statewide elected officials, public regulation commissioners, legislators, and cabinet secretaries from accepting compensation as lobbyists for a period of two years after leaving public service.

The bill also prohibits employers of lobbyists from hiring the former public officials before the end of the two-year period.

The 10th U.S. Circuit Court of Appeals ruled the lower court was right in issuing a preliminary injunction to keep the state from imposing limitations on certain contributions going to and from political parties and political action committees.

The underlying issue in the case is whether political committees not formally affiliated with a political party or candidate can receive unlimited contributions for independent expenditures.

The state Republican Party, GOP lawmakers, and others argue the state’s cap on such contributions is unconstitutional. The state appealed, arguing limiting such contributions is in New Mexico’s interest as it tries to prevent corruption and the appearance of corruption in campaign spending.

The case now moves back to the federal district court where a decision on the merits is expected to be in favor of those challenging the contribution limits.

Campaign Finance

“FEC: Campaigns can raise money via text message” by Dave Levinthal in Politico.

“FEC sues ex-Sen. Craig over use of campaign cash” by The Associated Press on CBSNews.com.

“NJ considers changes to election finance rules” by The Associated Press in the Bergen Record.

Government Ethics

Georgia: “Squirrely Ethics in Georgia, Former Exec Says” by Iulia Filip in the Courthouse News Service.

New Mexico: “New Mexico agency compiled email list for governor’s PAC” by Steve Terrell in the Santa Fe New Mexican.

Governor Susana Martinez has endorsed legislative efforts to impose a two-year ban on lobbying for lawmakers. The forthcoming bill may also include civil or criminal penalties if legislators took lobbying jobs sooner than prescribed. All appointees of Governor Martinez have agreed to two-year bans on becoming lobbyists after leaving the position, but she wants formal legislation to hold state lawmakers to the same standard.

State Senator Dede Feldman has proposed Senate Bill 103, which would bar former legislators from lobbying for a shorter one-year period after leaving office. Currently, New Mexico’s lawmakers can quit their office and immediately begin lobbying, just as former state senator Kent Cravens did in September.

Photo of Governor Susana Martinez courtesy of the New Mexico State Government.

NEW MEXICO: The federal district court in Albuquerque has issued a preliminary injunction against enforcement of state limits on financial contributions to be used in federal campaigns and for independent expenditures in state races.

The contribution-limits law, which took effect at the conclusion of the 2010 election cycle, limits contributions to non-statewide candidates for office to $2,300 per election from any entity except a political committee, which can give $5,000 to non-statewide candidates. It limits contributions to statewide candidates for office, political action committees and political parties to $5,000 per election from individuals and groups.

The preliminary injunction is not a definitive ruling tossing any of the limits, but it is a temporary stay against the enforcement of non-statewide and independent expenditure limits based on findings that the plaintiffs were likely to be successful in their challenge to those limits, that they faced irreparable damage if the injunction wasn’t granted, and that the injunction serves the public interest.

The injunction was widely anticipated in light of the U.S. Supreme Court ruling in Citizens United. Limits on contributions to candidates for state office and to groups intending to spend money on state races in coordination with candidates remain in place.

The New Mexico Republican Party, represented by attorney James Bopp, Jr., has filed a lawsuit challenging New Mexico’s campaign finance law. The suit asks the federal district court in Albuquerque to declare unconstitutional part of a state law which sets a contribution limit of $5,000 to or by political parties. The law was passed in 2009, but did not become effective until after the 2010 election.

The lawsuit also contends that federal election law precludes New Mexico from restricting how much money a national political party can give to a state party organization for election work, such as registering voters and encouraging voter turnout.

The special session of the New Mexico Legislature adjourned on September 24, 2011.

The Legislature failed to reach a compromise on congressional redistricting, but passed a bill strengthening the preference given to New Mexico businesses bidding on state government contracts.

New Mexico Governor Susana Martinez has called for the Legislature to begin a special session on Tuesday, September 6, 2011.

The purpose of the special session is to address redistricting and a number of the governor’s economic development proposals.

Photo of Governor Susana Martinez by The State of New Mexico on Wikipedia.

New Mexico Governor Susana Martinez has signed two executive orders that seek to improve the procurement process in New Mexico.

Executive Order 2011-030 authorizes the suspension or debarment of businesses for conviction of fraud, embezzlement, theft, forgery, bribery, falsification, destruction of records, receiving stolen property, antitrust violations, willful failure to perform in accordance with contracts, and any other cause occurring within the preceding three years of a procurement which the state purchasing agent or a central purchasing office determines to be so serious and compelling as to affect responsibility as a contractor.

Executive Order 2011-031 created the Governor’s Task Force on Procurement Reform to review and update the current statutory and regulatory Procurement Code and to increase transparency and efficiency in the procurement process.

Governor Martinez has signed Senate Bill 432 prohibiting state and local government employees who are involved in the contracting process from subsequently being employed by a contractor. The bill expands the existing Governmental Conduct Act to apply to state and local government employees involved in the procurement process.

Under the new law, state agencies are barred from entering into contracts with a business represented by a person who has been an employee of the state within one year if the value of the contract is in excess of $1,000 and the contract is a direct result of an official act by the former employee. The law becomes effective July 1, 2011.