When checks and balances fall short: Ethics oversight needed

Katherine Duncan is the Communications Assistant at CREW and previously worked as a corporate editor. Walker Davis is a Research Associate at CREW where he researches campaign finance and lobbying issues. In case it wasn’t already clear, having accountability measures in place for elected officials is crucial. Unchecked power is a formula for corruption. Perhaps […]

When checks and balances fall short: Ethics oversight needed

Katherine Duncan is the Communications Assistant at CREW and previously worked as a corporate editor.
Walker Davis is a Research Associate at CREW where he researches campaign finance and lobbying issues.

In case it wasn’t already clear, having accountability measures in place for elected officials is crucial. Unchecked power is a formula for corruption. Perhaps nowhere has this been more clear recently than in state-level politics in New Mexico and Mississippi, both of which lack appropriate accountability systems and both of which have faced local scrutiny and public outrage after widely reported ethical issues, including public officials using campaign funds for personal expenses.

New Mexico is one of only eight states without an independent ethics commission.  Mississippi is effectively a ninth. There, the Secretary of State is tasked with enforcing the law, but no one really does. Recent investigations have uncovered rampant political corruption in both states. In Mississippi, even lobbyists disapprove. States without ethics oversight may be more vulnerable to public corruption. These states would both benefit from lawmakers with higher ethical standards. Independent, non-partisan ethical oversight bodies can help.

After a string of high-profile and embarrassing fraud scandals, New Mexico’s legislature recently considered amending their state constitution to create a non-partisan independent ethics commission, but after passing the state House, the measure ultimately died in the Senate.

Most glaring of these violations was former New Mexico Secretary of State Dianna Duran’s resignation and jailing last year after a campaign finance scandal stemming from her use of campaign donations to pay gambling debts. Duran pleaded guilty to embezzlement and money laundering for transferring $13,000 in campaign donations to personal accounts, hiding the transfers by modifying campaign finance reports.

Though Duran’s legal and ethical issues were flashy, the more shocking revelation is the breadth of misreporting in the state. A recent investigation of ten members of the state legislative leadership found a $150,908.74 difference between what PACs and lobbyists report having given and what legislators report having received. The New Mexico campaign finance system was found to “mislead [and fail] voters.” Legislators claim to be “stunned.”

New Mexico Governor Susana Martinez, who is also the chair of the Republican Governor’s Association, claims to be “committed to transparency,” but the same investigation of state campaign finance reports uncovered a $147,081 difference between reported contributions to her campaign and reported receipts.

The latest political abuse plaguing New Mexico is a criminal complaint filed by state Attorney General Hector Balderas against former Democratic state Sen. Phil Griego for using “his position as a legislator to make money in a real estate deal, [which he] never disclosed,” and defrauding business associates. The Albuquerque Journal Editorial Board referred to Griego’s “ethics woes” as evidence that the state needs an ethics commission.

It is easy to understand how politicians stand to benefit from lack of oversight, but it is just as easy to see that voters stand to lose. A recent study revealed that public corruption is hurting the state’s economy, and a poll found that local business owners see corruption as a financial threat.

The ethics and transparency landscape in Mississippi politics is similarly bleak. An exhaustiverecent special investigation by a state newspaper found that elected officials commonly use campaign funds for private gain, and it largely goes unpunished because of the state’s weak ethics laws “and almost nonexistent enforcement.”

Independent ethics commissions put in place to detect public corruption and hold elected officials accountable have proven effective in states like Texas and California. These agencies prove that campaign finance enforcement does not have to go the way of the FEC, and both should serve as models to other states. Last year, the Texas Ethics Commission and California’s Fair Political Practices Commission each addressed secretive political spending with new disclosure rules.

Instead of being part of the problem that is money’s outsized and corrupting influence in politics, states like New Mexico and Mississippi have an opportunity to work toward a solution—a step that New Mexico came close to taking with its recent ethics commission proposal. Disappointingly, New Mexico’s reform effort ultimately fell short due to concerns that and ethics commission could be “could be used as a forum for false accusations designed to inflict political damage.” New Mexico should reconsider; political risks are a small price to pay for the opportunity to restore trust with voters and support the state economy.

Mississippi is currently considering a bill requiring itemized campaign finance reports that, if passed, would be a good first step towards keeping lawmakers from making personal use of campaign money. This past weekend, Mississippi newspaper The Clarion-Ledger wrote about “7 campaign finance reforms lawmakers should pass,” which included a suggestion to “provide auditing, enforcement and penalties”—or rather, the activities that an independent oversight body like an ethics commission would provide. In addition, New Mexico Governor Martinez just signed a campaign finance disclosure bill, which is a small step in the right direction. Though these recent shifts toward more political disclosure in New Mexico and Mississippi are welcome, both states would greatly benefit from the structure and oversight of an ethics commission that keeps the public informed and keeps public officials accountable.

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

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…
Gov signs bills with some vetoes 

Gov signs bills with some vetoes 

Gov. Michelle Lujan Grisham signed 69 bills that the legislature passed during the 2024 legislative session. These included the General Appropriations Act which contains…
Guv signs state budget

Guv signs state budget

Gov. Michelle Lujan Grisham signed the budget bill for Fiscal Year 2025 and the Capital Outlay spending bill. The FY25 state budget bill passed…
State fines oil company more than $2 million after spill

State fines oil company more than $2 million after spill

The Energy, Minerals and Natural Resources Department fined an oil and gas company operating in the Permian Basin more than $2 million over produced…
PRC denies request to build LNG storage facility

PRC denies request to build LNG storage facility

The New Mexico Public Regulation Commission unanimously rejected a request by the New Mexico Gas Co. to build, own and operate a liquified natural…
NM Supreme Court upholds Community Solar Rule

NM Supreme Court upholds Community Solar Rule

Hours after the New Mexico Supreme Court heard arguments in the investor-owned utilities’ appeal of the community solar rule, the justices upheld the regulations…
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…
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…
Supreme Court censures attorney over conduct in anti-COVID policy suits

Supreme Court censures attorney over conduct in anti-COVID policy suits

The New Mexico State Supreme Court censured a New Mexico attorney because of her “misconduct” in two unsuccessful cases pushing back on COVID-19 regulations…
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…
How Biden, others highlighted reproductive rights at the State of the Union

How Biden, others highlighted reproductive rights at the State of the Union

President Joe Biden highlighted reproductive rights issues as part of his State of the Union speech Thursday. Biden delivered his 2024 State of the…
Stansbury invites OB-GYN doctor as her state of the union guest 

Stansbury invites OB-GYN doctor as her state of the union guest 

U.S. House of Rep. Melanie Stansbury has invited an OB-GYN doctor from Roswell as her guest for President Joe Biden’s State of the Union…
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…
How Biden, others highlighted reproductive rights at the State of the Union

How Biden, others highlighted reproductive rights at the State of the Union

President Joe Biden highlighted reproductive rights issues as part of his State of the Union speech Thursday. Biden delivered his 2024 State of the…
Stansbury invites OB-GYN doctor as her state of the union guest 

Stansbury invites OB-GYN doctor as her state of the union guest 

U.S. House of Rep. Melanie Stansbury has invited an OB-GYN doctor from Roswell as her guest for President Joe Biden’s State of the Union…
See who’s going to be on your primary ballot in June

See who’s going to be on your primary ballot in June

Tuesday marked the official beginning of the 2024 New Mexico primary season for the legislature, with candidates officially filing for candidacy. This is the…

Bill to require disclosure of use of AI in campaign materials goes to governor

The Senate approved a bill aiming to require the disclosure of the use of artificial intelligence or other changes made by computers to campaign…
House amends, passes bill banning firearms near polling places

House amends, passes bill banning firearms near polling places

The House narrowly approved a bill that would ban firearms near polling places. The House voted 35-34 to pass the bill following an extensive…
U.S. Supreme Court lets ban on Couy Griffin from holding office stand

U.S. Supreme Court lets ban on Couy Griffin from holding office stand

The U.S. Supreme Court declined to hear an appeal of a Republican official who was barred from holding office after being convicted for a…
Politics Newsletter: legislative leaders not running for reelection

Politics Newsletter: legislative leaders not running for reelection

Hello fellow political junkies! Candidate filing day has come and gone, and members of House and Senate leadership opted to either not seek reelection…
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…

GET INVOLVED

© 2023 New Mexico Political Report