Downfall: How the campaign finance enforcer became a law breaker

Minutes after pleading guilty to multiple felonies on Oct. 23, former Secretary of State Dianna Duran hardly acknowledged her wrongdoing to reporters outside the courtroom in Santa Fe. Note: This piece also appeared in the Nov. 4 edition of ABQ Free Press. Instead, she repeatedly emphasized how her criminal behavior—which included using campaign money to pay for […]

Downfall: How the campaign finance enforcer became a law breaker

Minutes after pleading guilty to multiple felonies on Oct. 23, former Secretary of State Dianna Duran hardly acknowledged her wrongdoing to reporters outside the courtroom in Santa Fe.

Dianna Duran after her guilty plea.
Dianna Duran after her guilty plea.

Note: This piece also appeared in the Nov. 4 edition of ABQ Free Press.

Instead, she repeatedly emphasized how her criminal behavior—which included using campaign money to pay for personal use at casinos—had nothing to do with how she “preserved the integrity of the electoral process” in her five years as head of state elections. She characterized her embezzling and laundering of campaign money as “poor personal financial decisions” that didn’t have “anything to do with the integrity of the office.”

“I know and believe that I have done a tremendous job not only as Secretary of State but in my state senate years and as county clerk,” Duran told reporters.

Resigning as Secretary of State came only as part of a plea deal she just made with Attorney General Hector Balderas. She resigned just before midnight the night before her guilty plea.

“In order for us to accept the plea, that was one of the conditions,” Duran explained. “I still believe I can conduct the office the way we have for five years, but it was part of a plea agreement that, again, I made for the best interest of my family and the state of New Mexico.”

Duran’s self-congratulatory remarks about her integrity, of course, is a matter of opinion.

In her nearly five years as the state’s second-highest elected Republican official, critics accused Duran of exaggerating instances of voter fraud, flubbing attempts to purge the voting rolls of out-of-date registration records and laxly enforcing campaign finance rules.

In 2011, shortly after becoming the first Republican to hold the office since Calvin Coolidge was president, Duran referred 64,000 voter registration records to the state Department of Public Safety for investigation of possible fraud. Only 19 such instances of people wrongly casting ballots were found and none were charged in criminal cases.

The following year, Duran was criticized for sending confusing mailers to 177,000 registered voters in an attempt to purge the rolls of those deemed “inactive.” Some of the mailers, in fact, went out to active voters like Common Cause New Mexico Voting Rights Director Diane Wood and the wife of state Rep. Brian Egolf.

Duran’s legal troubles began in late August when Balderas charged her with 64 counts of criminal activity, including fraud, money laundering and embezzlement. According to the complaint, Duran had funneled her own campaign money into a personal account from which she withdrew large amounts at  casinos around the state.

The complaint also claimed that Duran issued a check to Sean Davis, who was later revealed as the father of Duran’s grandchild, for campaign work. The check appeared to be endorsed by Davis and signed over to Duran. But Davis told investigators he did not endorse the check or do any work for Duran’s campaign.

This was not one of the six charges to which Duran eventually pleaded guilty.

Elected officials from around the state weighed in on the charges, including Gov. Susana Martinez.

Martinez issued a statement to the media and called the allegations “troubling and concerning.”

“It’s important that New Mexicans understand that no one is above the law and that every New Mexican is treated equally throughout our system,” Martinez said.

Lawmakers on the other side of the aisle quickly jumped at the opportunity to call for Duran’s impeachment. Democratic House leadership called on Speaker of the House Don Tripp, R-Socorro, to take action. Tripp quickly formed a bipartisan investigatory committee to look into the possibility of impeachment.

That committee only had time to meet once before Duran resigned.

When Duran showed up for her first court appearance, it was the first time most people, including her staff, had seen her. The Secretary of State’s Chief of Staff told reporters that Duran had taken personal leave but remained in contact with her staff.

Meanwhile, the list of lawmakers who were under review by Duran’s office for campaign finances began to grow longer. Less than a week after Balderas filed charges against her, Duran referred 31 cases of potential campaign violations to his office.

Balderas later sent them back to Duran, stating that his office wouldn’t give her office legal counsel while the charges against her were pending.

Several other potential campaign violations from names not on the list of 31 cases, such as state Reps. Antonio “Moe” Maestas, D-Albuquerque, James Madalena, D-Jemez Pueblo, and Andy Nuñez, R-Hatch, also surfaced in the media.

Duran, in fact, has been criticized for her office’s perceived picking and choosing when it comes to handling of ethics complaints. In 2012, she doled out a swift fine of $1,200 to former Democratic state Sen. Mary Jane Garcia for using campaign money for expenditures reported as “Cash.” Garcia claimed the money was used for travel expenses related to her work as a public official and not for political purposes, which is barred by state law.

Garcia also repaid $3,980 that had been withdrawn from her campaign account. Garcia went on to lose in the general election.

The same year, Duran stalled for months on complaints that Reform New Mexico Now, a Republican super PAC, had failed to report $205,000 in campaign donations from two big donors. Six months after state primary elections on which Reform spent roughly $2 million, Duran fined the super PAC $250.

One of the PAC’s unreported contributions at issue came from Mack Energy Corporation, an oil and gas company based in southeastern New Mexico.

Among Duran’s six guilty pleas was a campaign finance violation where she failed to accurately report Mack Energy Corporation donations to her own reelection campaign for Secretary of State in 2014. Duran’s failure to report $12,700 in contributions from the company violated state campaign finance rules and equals a criminal misdemeanor.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…

GET INVOLVED

© 2023 New Mexico Political Report