House OKs ethics bill with election ‘blackout’

Election season might seem like the perfect time for a government ethics watchdog to be on high alert. But in setting up a new statewide ethics commission, lawmakers are proposing to curtail its work during the height of election years — or even for the entirety of the campaign season. Some legislators contend the commission […]

House OKs ethics bill with election ‘blackout’

Election season might seem like the perfect time for a government ethics watchdog to be on high alert.

But in setting up a new statewide ethics commission, lawmakers are proposing to curtail its work during the height of election years — or even for the entirety of the campaign season.

Some legislators contend the commission needs a sort of blackout period to avoid political adversaries from filing complaints solely for the purpose of derailing a candidate’s campaign.

Advocates have been hesitant to give too much ground on the issue, though, for fear of defanging the proposed panel.

Three out of four New Mexico voters in the last election backed a constitutional amendment creating a statewide ethics commission. Now, lawmakers are mulling two dueling pieces of legislation setting out how the commission would operate.

The state House of Representatives passed one of those proposals Sunday evening, sending House Bill 4 to the Senate with a vote of 56-11.

That bill includes a provision barring the proposed commission from adjudicating a complaint against a candidate within 60 days of a primary election or general election. That would not apply to complaints involving the state’s campaign finance law or the Voter Action Act. And the commission would still be free to continue with investigations. But backers argue the provision would prevent the commission from becoming a weapon during campaign season.

“The investigation just stalls for that period of time,” said Rep. Daymon Ely, D-Corrales, who is sponsoring the bill.

Ely said he originally preferred a 30-day “blackout period.”

There is no such limit under current law for filing complaints with the Secretary of State’s Office about violations of campaign finance laws.

“What we’re trying to do is work a balance,” Ely said.

Rep. Rod Montoya, R-Farmington, proposed extending the so-called blackout period to 60 days before early voting begins.

“An election really begins — people start deciding on a race — 30 days prior, when early voting begins,” he said. “Anyone who would be motivated to just undermine a candidate’s ability to run without distraction would not use this as an opportunity just to get in a late ethics complaint.”

Looming over the debate were a lobbyist’s allegations of sexual harassment against state Rep. Carl Trujillo, a Democrat from the Santa Fe area, in the weeks leading up to his defeat in last year’s primary election.

A legislative committee later dismissed the case, and Trujillo is now suing the lobbyist, Laura Bonar, and several other associates alleging defamation.

“What we saw there was a complaint that was drug out through the entire election process beginning just prior to early voting,” Montoya said.

Bonar did not file a complaint when she first lodged her allegations but instead circulated an open letter to news organizations.

Still, Montoya’s argument underscored a point lawmakers have repeatedly raised in debating the proposed ethics commission: that politicians might actually face political attacks.

The House voted down Montoya’s proposal, but the issue is likely to come up again as the bill heads to the state Senate.

A separate bill would effectively bar the committee from acting on complaints at all for most of an election year.

Sponsored by Sen. Linda Lopez, D-Albuquerque, Senate Bill 619 would extend a blackout period on complaints against candidates from the day candidates must file to run in a primary election until the end of the general election. Her bill would prohibit the commission from taking any action on a complaint during that time and it does not provide exceptions for campaign finance laws.

The commission also would not be allowed to investigate “allegations of misconduct involving campaign advertisements.”

Senate Bill 619 has come under scrutiny for other reasons, too.

The bill would keep cases secret until the commission determines there has been an ethics violation, unless the person subject to a complaint waives confidentiality. Anyone who files a complaint would have to sign a confidentiality agreement. Violating that agreement would carry fines and jail time that would be tougher than the penalties for actually violating many of the state’s ethics laws.

Lopez said over the weekend that she may change her bill as other lawmakers offer input, describing the proposed legislation as very much a work in progress.

Asked if she would sign a bill with the sort of secrecy provisions currently in Lopez’s legislation, Gov. Michelle Lujan Grisham said Saturday that “transparency is a key part of the debate.”

“We do much better creating the kind of behavior and living by the standards we expect to see from our elected officials if you have more transparency than not,” she told reporters.

But the governor also argued there must be some measure of protection for people filing complaints.

“You have to have transparency. You have to. But you have to create a safe environment for the individuals who are complaining,” Lujan Grisham said.

The governor’s comments seemed to jibe with Ely’s bill, which would make ethics complaints public from the time the commission’s general counsel decides there is probable cause to pursue a case. He has argued that making ethics complaints public from the beginning of the process could deter some people from stepping forward with concerns about unethical behavior.

But other lawmakers have mostly raised concerns about the repercussions for politicians accused of wrongdoing instead of the prospect of retaliation against people filing complaints.

“Transparency is intended to create safeguards for all of us. I need to make sure it creates safeguards including for the person who is filing the complaint,” Lujan Grisham said.

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…
Advocates travel to D.C. to push for additional protections for the Gila River

Advocates travel to D.C. to push for additional protections for the Gila River

New Mexico advocates seeking to have the Gila River designated as a Wild and Scenic River will travel to Washington D.C. this week to…

NM Supreme Court annuls $10,000 penalty in PNM/Avangrid merger case

The New Mexico Supreme Court ruled on Monday that a penalty the New Mexico Public Regulation Commission levied against the state’s largest utility was…
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…
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…
Advocates travel to D.C. to push for additional protections for the Gila River

Advocates travel to D.C. to push for additional protections for the Gila River

New Mexico advocates seeking to have the Gila River designated as a Wild and Scenic River will travel to Washington D.C. this week to…
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…

GET INVOLVED

© 2023 New Mexico Political Report