LobbyComply Blog

Sen. Phil Griego (D) resigned his seat with only a week remaining in the current legislative session. Griego is the subject of an ethics investigation arising from his role as a broker for the Inn of the Five Graces after helping pass legislation to sell the state-owned building.

Griego has acknowledged violating a state constitutional provision prohibiting lawmakers from having any interest in a contract authorized by the Legislature.

Gov. Susana Martinez has requested a nominee to be named by Sunday, March 23, 2015, to fill the Senate District 39 seat.

The House unanimously passed a bill requiring lobbyists to disclose more information, but in a different form than the introduced version. House Bill 155 requires lobbyists to disclose the issues they are advocating and doubles registration fees to $50.

Originally, the bill included provisions requiring estimated expense reports and reports on the recipients of certain types of payments. When the legislation stalled in committee, the two provisions were removed to enable the bill to move forward.

An attempt to reintroduce the provisions failed by a vote of 33-30.

Photo of the New Mexico State Capitol by Urban on Wikimedia Commons.

Senate Majority Leader Michael Sanchez (D) is sponsoring a bill to eliminate the state’s campaign contribution limits. Senate Bill 689 repeals the 2009 law enacting the first-ever limits on how much candidates and committees can raise per election.

Sanchez believes the limits encourage big donors to funnel money to independent expenditure committees, resulting in less transparency.

The bill is currently pending in the Senate Rules Committee.

A bill to extend revolving door prohibitions has been recommended by a unanimous vote in the House Government, Elections, and Indian Affairs Committee. House Bill 241 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 is expected to pass the House, but will likely face opposition in the Senate.

Last year, a similar proposal cleared the House 43-23, but the Senate Rules Committee failed to advance the mirror version of the bill.

A bill to require additional disclosure of legislative lobbying has stalled after a party-line vote in the House Regulatory and Public Affairs Committee. House Bill 155, sponsored by Rep. Jeff Steinborn (D), received three pass votes from Democrats and three no votes from Republicans.

A majority vote of those present is needed to pass a bill out of a committee.

The bill would require issue disclosure, itemized gift reporting, employer expenditure reporting, and would double lobbyist registration fees to $50.

Secretary of State Dianna Duran has dropped an effort to force Democratic gubernatorial candidate Gary King to return $10,900 in campaign contributions. Initially, Duran claimed the contributions violated campaign finance limits because donors were attempting to give for both the primary and general election after the date of the primary election.

In a letter to King, Duran updated her position by stating the questionable contributions were permissible as long as King shows the post-primary contributions were used to retire debt from the primary election. Duran also expects King to provide statements from the contributors indicating part of their contributions were intended to help with the candidate’s primary debt.

The decision will likely make moot a legal action King filed against Duran set for hearing by the state Supreme Court.

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.