The Sandoval County Commission’s effort to impose a right-to-work ordinance at the county level may have run into a roadblock: the pile of cash it would cost the county to defend itself against promised lawsuits.. But in a late-night vote, the commission voted 4-1 to publish the proposed ordinance’s legislation, putting in motion the process for passage of the ordinance. When enacted, right-to-work laws stop employers from entering into agreements with workers that require they be a member of a labor union or that non-union members pay union dues, known as “fair share” as a condition of employment. County Commission Chairman Don Chapman said he supported right-to-work, but was concerned about the cost of litigation. During the meeting he read aloud an email from the county attorney explaining that the county would be sued—and that it is “very likely we will lose the lawsuit” at both the federal district court and circuit court of appeals level.
A Sandoval County Commission meeting attracted a boisterous crowd Thursday night, as passions ran high over a proposed right-to-work ordinance. The capacity crowd remained mostly respectful, at least until after public comment and once the commissioners began speaking. One commissioner compared unions to the mafia and then singled out a teacher who commented earlier and blamed teachers unions for poor education of students. Right-to-work laws, which are in place in more than half the states in the country, bar unions from imposing mandatory fees on workers. The proposed ordinance would not apply to current companies and unions in the county.
A big, vocal crowd is expected at a Sandoval County Commission meeting Thursday night to discuss an issue usually raised at a state level: Right-to-work. Republicans raised right to work proposals at the New Mexico State Legislature in 2015 and 2016, but were unable to pass any laws stopping unions from imposing mandatory fees on workers. Now, advocates are pushing for it at the county level. And Sandoval County is poised to be the first salvo in a bruising battle that will likely end up in the courts. Advocates like Americans for Prosperity raised the issue in Sandoval County and commissioners are expected to start the process toward passing the ordinance on Tuesday.
On the surface, Secretary of State Maggie Toulouse Oliver’s proposed changes to campaign finance reporting rules appear to be a wonky topic. But to some outspoken opponents it’s a free speech violation. Burly Cain, the New Mexico state director of Americans for Prosperity, compared the proposed changes to forcing an 80-year-old woman to “wear an armband to say what she believes on her arm.”
Officials with the secretary of state’s office say they are simply attempting to update outdated sections of the state’s Campaign Reporting Act that are no longer legally valid after high-profile court decisions. This includes the state law definition of “political committee,” which is broadly defined as two or more people who are “selected, appointed, chosen, associated, organized or operated primarily” for influencing an election or political convention. This definition was found to be “unconstitutionally broad” in New Mexico Youth Organized v. Herrera, a 2009 court case, according to Secretary of State Chief Information Officer Kari Fresquez.
The Libertarian Party of New Mexico’s membership numbers are now high enough to qualify the group for major party status. Now that determination lies on how many votes former New Mexico Gov. Gary Johnson receives on election night in the state. If Johnson wins five percent of the vote in New Mexico, the state’s Libertarian Party could have a nominee on the next gubernatorial ballot. Libertarian Party of New Mexico Director Burly Cain told NM Political Report voters are finding it increasingly difficult to find a candidate they agree with, especially during this election cycle. “Many people in this election cycle are finding that they are looking for underlying principles that match their political ideals,” Cain said.
New Mexico could see a Libertarian primary election on the same day as the Democratic and Republican primaries in 2018. That will depend on the outcome of this year’s presidential election and if the state’s Libertarian Party can boost its membership numbers. Currently the Libertarian Party is considered a minor party in New Mexico, along with the Green and Constitutional parties. But if at least 5 percent of voters in New Mexico vote for the party’s presidential nominee, former New Mexico Gov. Gary Johnson, the Libertarian Party will be on its way to be considered a “major party” in the state and qualify for its own primary election. Johnson is currently polling in the 5 to 10 percent range nationally, but in New Mexico he is polling as high as 24 percent.