SOS Duran Launches Investigation of Gov. Martinez's Radio Ads

Last week Secretary of State Dianna Duran said she believed that Gov. Susana Martinez did not violate any election law by using leftover campaign funds to buy radio ads.

But now it appears Duran's office is conducting some type of investigation of the matter.

The ads were aimed at whipping up public support for a bill to repeal the law allowing illegal immigrants to be issued driver's licenses.

The immigrants rights group Somos Un Pueblo Unido complained to Duran and Attorney General Gary King that the state Campaign Reporting Act restricts the spending of campaign funds after an election to “payment of campaign debts, donations to charities or the state’s general fund, contributions to other candidates or political parties and refunds to the contributors.”

Duran's initial response was that the ads were an allowable expense under the law.

Then Common Cause New Mexico joined the fray and asked the AG to investigate.

On Feb. 25 Duran's ethics investigator Christiana Sanchez sent a letter to Martinez's unnamed campaign manager asking for a written response within 20 days.

When I asked for a response last week, Martinez campaign spokesman Danny Diaz said, “It’s ironic that a radical special-interest group that believes illegal immigrants have a right to New Mexico driver’s licenses does not believe the Governor has a right to free speech. We disagree.”

In an email about Duran's letter Somos executive director Marcela Diaz said, "New Mexicans deserve to know how the Governor justifies using campaign funds to pay for inflammatory and misleading ads regarding such a complex public policy issue.”

Here's the letter from the SOS:

Duran Letter to Martinez Campaign

Good Government Groups Against Ethics Commission Bills

Bills that would establish a state ethics commission are being opposed — at least in their current form — by several organizations. some of which for years have advocated an ethics commission.

Senate Bill 43 is awaiting action by the full Senate. That’s also the case in the House for the similar House Bill 43.

Sarah Welsh, director of New Mexico Foundation for Open Government said in a written statement that most of the groups support “an independent, bipartisan commission to field and investigate ethics complaints against public officials, as well as to serve in an advisory capacity on all issues related to ethics in government.”

But the confidentially requirements in the bills are too strict and fly in the face of the state’s “sunshine” laws, which “start from the presumption that government must be open by default, with any secrecy provisions carved out as narrowly as possible,”

Welsh noted that under the bills, “a private citizen who files an ethics complaint and then decides to talk about it publicly could face penalties of up to $26,000 and a year in jail. Ironically, a public official, public employee or lobbyist found to have actually committed an ethics violation in betrayal of the public trust would only receive a public reprimand from the ethics commission.”

Sen. Linda Lopez, D-Albuquerque, who is sponsor of the Senate bill, told me Saturday that such confidentiality requirements are necessary to protect the reputation of officials and candidates.

Said Welsh on Tuesday, “Although confidentiality for the commission’s initial investigation and deliberations might make sense, these bills require that nearly all commission meetings, the entire hearing process and almost all documents collected and generated by the commission remain outside public view forever. The only documents that would be required to be released by this commission are advisory opinions, the final reports on investigations that result in a guilty finding and an annual report.”

On Saturday, speaking to the Senate Judiciary Committee, Jim Noel, representing Gov. Bill Richardson's office, questioned whether the confidentiality provisions in the bill were constitutional.

Besides NMFOG other groups opposing the bills include, Common Cause New Mexico, the Greater Albuquerque Chamber of Commerce, American Association of Retired Persons and the League of Women Voters of New Mexico.

OIL & GAS MONEY

I did a story about the new state Common Cause report, Connecting the Dots: The Oil and Gas Industry's Influence on New Mexico Politics.

You can find my article HERE.

The report itself is HERE (or to download it immedicately CLICK HERE. )