Democrats swept statewide races on Election Day, and will control not just the governor’s office and all of the executive agencies, but also independent state agencies that oversee everything from state funds to state lands. Democratic incumbent Tim Eichenberg easily won the race for State Treasurer over Republican Arthur Castillo and Democrat Brian Colón defeated Republican Wayne Johnson for State Auditor. In the three-way race for Attorney General, Democratic incumbent Hector Balderas beat Republican Michael Hendricks and Libertarian Blair Dunn. And another Democratic incumbent, Maggie Toulouse Oliver defeated Republican Gavin Clarkson and Libertarian Ginger Grider to hold on to the Secretary of State seat. The closest statewide race on Election Day was for State Land Commissioner.
Last winter, snows didn’t come to the mountains, and the headwaters of the Rio Grande suffered from drought. In April, the river—New Mexico’s largest—was already drying south of Socorro. And over the summer, reservoir levels plummeted. Meanwhile, the U.S. Supreme Court battle between Texas, New Mexico and the U.S. government over the waters of the Rio Grande marches onward. At a meeting at the end of August, the special master assigned to the case by the Supreme Court set some new deadlines: The discovery period will close in the summer of 2020 and the case will go to trial no later than that fall.
Campaign finance reports filed Monday showed positives for both gubernatorial candidates, with the Republican showing a lead with money left, but the Democrat raised, and spent, more money. Republican nominee Steve Pearce finished the campaign finance period—which lasted from July 1 to Sept. 3—with nearly $1.9 million cash-on-hand for the final two months of the race. This was well ahead of the $1.2 million cash-on-hand for his opponent, Democrat Michelle Lujan Grisham. Lujan Grisham, however, raised $1.9 million in the period and spent almost $1.5 million.
The New Mexico Attorney General filed embezzlement and other charges against a former Tax and Revenue Department (TRD) secretary Thursday. She had previously resigned amid questions about possible preferential treatment of a former client. A spokesman for Attorney General Hector Balderas confirmed that special agents with the AG’s office filed nine criminal charges against former Tax and Revenue Department Secretary Demesia Padilla. This is a developing story and may be updated with more information. Update: Added information from the criminal complaint
At the time of publication, the criminal complaint against Padilla was not yet available through online court records.
Elected officials will weigh in this week on key energy issues, both in Albuquerque and Washington D.C. What happens in those hearings and committee meetings might not grab headlines, but they affect landscapes, communities and the lives of all New Mexicans, whether they live close to oil and gas wells and coal mines, or hundreds of miles away. When private companies drill or mine on federal lands, they pay a percentage in royalties. Right now, that’s 12.5 percent for onshore coal, oil and gas, though an Obama-era rule—overturned last year—updated valuation rates to increase royalty collections. About half the money collected goes to the federal government and half to the state where the mining or drilling occurred. New Mexico currently receives more royalties from extraction on federal lands than any other state.
New Mexico filed its responses to Texas and the federal government on a U.S. Supreme Court lawsuit over the waters of the Rio Grande. On Tuesday night, New Mexico Attorney General and its contract attorneys filed the state’s counterclaims on Texas v. New Mexico & Colorado. We’ve posted those three pleadings below. A press release announcing the counterclaims included a quote from Balderas:
Our legal strategy will hold Texas and the federal government accountable for the significant amount of precious water being misappropriated that rightfully belongs to New Mexico’s working families and small businesses, and for the federal government not using proper accounting and failing to ensure reasonable water delivery improvements. Using the best science, technology and evidence-based strategy, we will protect our traditionally underserved and culturally diverse population, and protect against those interests that threaten our citizens and businesses.
Two of the three candidates seeking the Democratic nomination for governor have over $1.5 million cash on hand for the final stretch before the primary election on June 5. Early voting has already started. State Sen. Joseph Cervantes has now loaned his own campaign over $2 million and raised only about $15,000 from others. He now has $1.65 million cash on hand. U.S. Rep. Michelle Lujan Grisham raised over $410,000 and spent nearly $640,000 between April 3 and May 7.
Attorney General Hector Balderas says a controversial new question about citizenship on the U.S. Census questionnaire is illegal. Balderas joined a coalition of state attorneys general who filed a lawsuit to stop it. The attorneys general, led by New York AG Eric Schneiderman, along with the U.S. Conference of Mayors sued in federal court today, saying the question would result in an illegal undercount of the population. The fear is that the question would cause an undercounting of those that fear the federal government would use the information to arrest or even deport non-citizens. The coalition argues the U.S. Constitution calls a count to determine “the whole number of persons in each state”—and has nothing to do with a person’s legal status.
Correction: In referencing a Ms. article from 2011, this story originally said that Chris Garcia was one of the operators of an allegedly illegal website, Southwest Companions. Garcia was charged by police of being an operator of the site, which they alleged was a house of prostitution, but a state district court judge threw out all the charges. The reference has been removed. It’s rare lately for Democrats and Republicans in Congress to find consensus, though some phrases like “infrastructure” and “small businesses” still inspire legislators to declare their willingness to work together. “Sex trafficking” is another one of those.
An Alamogordo resident filed an open records lawsuit against the New Mexico Office of the Attorney General Friday, alleging the office illegally redacted portions of legal invoices related to a U.S. Supreme Court case. Open records activist Wendy Irby filed the suit after she received significantly-redacted billing records for a contract between the Attorney General’s office and an Albuquerque law firm well-known in the state legal world for government contracts. According to court records, Irby asked the AG’s office for billing information from Robles, Rael and Anaya P.C. related to Texas v. New Mexico and Colorado, a case about the states’ water use and sharing. The private law firm argued the case on behalf of the AG’s office. Irby’s lawsuit says Attorney General Hector Balderas and his records custodian violated the New Mexico Inspection of Public Records Act (IPRA) by blacking out billing specifics from Robles Rael & Anaya.