The City of Albuquerque Board of Ethics Rules & Regulations unanimously found that Tim Keller violated the city’s elections and ethics codes, but it did not impose any penalty. The board decided the case involving in-kind donations Monday, the day before voters cast ballots in the runoff election. Keller faces Dan Lewis after the two received the most votes in the first round of voting last month. Keller’s campaign received public financing, but his campaign accepted money as “in-kind” donations. Candidates who qualify for public financing are not allowed to accept private donations.
An ethics complaint against Albuquerque mayoral candidate Tim Keller is headed back to a city ethics board after initial disagreement over the correct jurisdiction. Filed by former mayoral candidate and current Bernalillo County Commissioner Wayne Johnson, the complaint alleges illegal coordination between Keller’s campaign and an independent fundraising group. Chief Hearing Officer Stanley Harada ruled that the issue should go to the city’s Board of Ethics, writing that under the city charter, he does not have jurisdiction in the matter. Johnson’s attorney, former Republican National Committeeman Pat Rogers, filed the complaint and insisted it should go to a city hearing officer and not the city’s Board of Ethics. From the start, Keller’s lawyer Molly Schmidt-Nowara said a hearing officer was not the correct jurisdiction.
The last few weeks of any election are sure to be dramatic as campaigns pile on the ads and social media posts, claiming opponents are acting improperly or are just bad people. The Albuquerque mayoral race is no different. With early voting already started and election day about two weeks away, the flow of campaign ads and ethics complaints is increasing. While ads run through election day, ethics complaints follow their own timeline and may not have resolutions before the polls close
In a recent complaint filed with Albuquerque’s Board of Ethics, mayoral candidate and Bernalillo County Commissioner Wayne Johnson alleged that candidate and State Auditor Tim Keller’s campaign accepted money as an in-kind contribution. The city’s election code doesn’t specifically state how an in-kind contribution should be received, but it does note that any professional services or property rental should be noted as an in-kind contribution on campaign finance filings.
The City of Albuquerque Board of Ethics Monday afternoon voted to impose a $1,900 fine on an Albuquerque City Council Candidate for not following the city’s election code. The hearing was the latest related to a complaint by former mayoral candidate Stella Padilla and private investigator Carlos McMahon against city council candidate Javier Benavidez. Padilla and McMahon alleged that Benavidez’s campaign fraudulently obtained about $38,000 of public campaign funds by using some of their own money instead of collecting $5 from each petition signer. Padilla and McMahon’s lawyer, prominent Republican Pat Rogers, wrote in his closing argument that Benavidez should return the taxpayer-funded money his campaign received, be fined at least $21,000 and be removed from the City Council if he wins the race. Rogers also said the issue should be referred to the Bernalillo County District Attorney’s office for possible criminal prosecution.
An anti-abortion group in Albuquerque filed an appeal to a campaign finance decision by the city that ended with a public reprimand and $1,000 fine earlier this month. Protest ABQ, a group that opposes abortion in Albuquerque, is challenging the City of Albuquerque’s decision in the Second Judicial District Court. At issue is a ruling by the city’s Board of Ethics that Protest ABQ violated a city statute by not properly registering as a measured finance committee, or MFC, before spending money in October city elections. During the recent municipal election, Protest ABQ group sent out mailers that purportedly depicted a woman who died from an abortion as well as an aborted fetus. The mailers said District 6 candidate, and now incoming councilor, Pat Davis* supported late term abortions and said that he is too extreme for Albuquerque.