‘Flawed’ campaign finance system in NM leads to more questions

State lawmakers are coming under more scrutiny since New Mexico Secretary of State’s office recently started investigating a handful of state legislators for possible campaign finance violations. State Reps. Antonio “Moe” Maestas, D-Albuquerque, Roger Madalena, D-Jemez Pueblo and Andy Nuñez, R-Hatch, are all under fire for discrepancies in their campaign finance reports. But perceived problems with […]

State lawmakers are coming under more scrutiny since New Mexico Secretary of State’s office recently started investigating a handful of state legislators for possible campaign finance violations.

Bag o CashState Reps. Antonio “Moe” Maestas, D-AlbuquerqueRoger Madalena, D-Jemez Pueblo and Andy Nuñez, R-Hatch, are all under fire for discrepancies in their campaign finance reports.

But perceived problems with campaign spending aren’t limited to them. New Mexico Political Report also found questionable campaign spending by state Reps. Patricia Roybal Caballero, D-Albuquerque, Jane Powdrell-Culbert, R-Corrales and Debbie Rodella, D-Espanola.

New Mexico Political Report reviewed only a handful of campaign finance reports.

Ken Ortiz, chief of staff for Secretary of State Dianna Duran, said his “staff is working on the campaign finance inquiries that have come to our attention.”

Duran is battling her own ethics issues after Attorney General Hector Balderas filed a criminal complaint accusing her of illegally using campaign money for personal use, including cash withdrawals at casinos.

While some entries in lawmakers’ finance reports may seem problematic, it turns out many may be the result of a flawed reporting system, outdated reporting laws and poor reporting by candidates.

“A majority of these are going to continue to be simple mistakes,” said Viki Harrison, director of Common Cause New Mexico, which advocates for clean elections. “But they erode public trust, which is the opposite of what we want.”

New Mexico is one of the few states in the U.S. that is run by an unpaid state Legislature. Representatives and senators often rely on the stipend they receive and campaign contributions. New Mexico laws allow legislators to use campaign funds for daily expenses such as office supplies or official trips.

That, coupled with a problematic reporting system, opens the door for ambiguous use of campaign money.

In October 2014, Roybal Caballero reported a $4,000 contribution to Equality E PAC. While large expenditures to other campaigns or political action committees may raise eyebrows for some, Harrison said current campaign contribution rules allow it.

Caballero also reported spending almost $1,400 for a hotel stay in Anchorage, Alaska for the Council of State Governments. Harrison said this is acceptable because it is part of her role as a legislator.

But it’s Roybal Caballero’s reported spending of campaign money on gifts that Harrison said might be problematic. In November 2014, Roybal Caballero spent $48 for a “retirement gift” at the National Hispanic Cultural Center in Albuquerque.

In an email to New Mexico Political Report, Caballero said the purchase was for a bolo tie for former House Chief Clerk Stephen Arias when he retired. She added that the purchase was a “reasonable expenditure” under current campaign finance rules, but acknowledged that it raises concerns about “why we need to fix our broken campaign finance reporting system.”

Powdrell-Culbert made similar expenses, according to her finance reports. On Valentine’s Day earlier this year, Powdrell-Culbert spent $116 at Dillard’s, a department store, on gifts for her legislative and campaign staff. She also spent $19.76 at Ross in March 2014 and $25.44 in February 2014 for gifts at TJ Maxx, two other department stores.

“I can’t imagine what that was for,” Harrison said.

Harrison said the state’s Campaign Reporting Act “is very specific,” noting that it “specifically excludes personal living expenses.” While Powdrell-Culbert also marked many restaurant expenses as “gifts,” Harrison said the law allows “a lot of leeway” on food expenses.

Powdrell-Culbert did not return a voicemail New Mexico Political Report left for her Thursday afternoon.

Other listed payments are hard to track exactly what lawmakers spent the money on.

Rodella reportedly spent almost $5,000 on credit card payments from July 2014 to March of this year. Each of the seven expenditures entries are listed as payments to Visa, with a note added to break down the charges.

While this raised concerns with Harrison, she said it might be explained by sloppy accounting and an outdated reporting procedure. Rodella is listed as her own campaign’s treasurer. When New Mexico Political Report contacted her she said she was busy and would call back. We will update this story when she calls back.

The U.S. Supreme Court’s landmark Citizens United decision also feeds into the broader problem, Harrison argued.

“In just five years since that decision campaigns have become very expensive,” she said. “There’s a lot more money to keep track of.”

She said her organization’s goal is to make a campaign finance system that’s easier for lawmakers to file on and simpler for the public to read and navigate.

It’s a problem that Ortiz acknowledged.

“The current campaign finance information system does not have any automatic cross checking capability so the process is manual,” Ortiz said.

He said his office’s review process will include analyzing “hundreds of thousands of entries” that “need to be individually reviewed” to determine whether lawmakers are spending campaign money legally and reporting their fundraising accurately.

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

Politics Newsletter: LFC Budget report

Politics Newsletter: LFC Budget report

The Dec. 4 politics newsletter includes Legislative Finance Committe revenue tracking report, countdown to the legislative session and Meanwhile on the Hill.
Judge rules that congressional map is not an unlawful gerrymander

Judge rules that congressional map is not an unlawful gerrymander

A judge upheld the congressional maps that Republicans alleged included illegal gerrymandering, particularly in the case of the state’s 2nd Congressional District. Ninth Judicial…
Challenger announces she’ll run for Ivey-Soto Senate seat

Challenger announces she’ll run for Ivey-Soto Senate seat

Former New Mexico House Democratic Campaign Committee finance director Heather Berghmans announced her run for state senate District 15 on Thursday. She is running…
NM looks to brackish and produced water amid climate change

NM looks to brackish and produced water amid climate change

This water will not be used as a drinking water source but can be used in other sectors and may reduce demand for freshwater.…
Environmental groups react to new methane rule

Environmental groups react to new methane rule

In his role as a field advocate for Earthworks, Andrew Klooster often visits oil and gas facilities. Although most of his work focuses on…
New Mexico guv, other leaders tout progress during COP 28

New Mexico guv, other leaders tout progress during COP 28

Gov. Michelle Lujan Grisham and New Mexico Environment Department Secretary James Kenney participated in a panel discussion Sunday during the COP 28 United Nations…
More learning time, free meals coming to students this school year

More learning time, free meals coming to students this school year

As children prepare to return to school for the new public school year, they will see some changes after legislation passed in the 2023…
Legislature hears about post-COVID impacts on education

Legislature hears about post-COVID impacts on education

Public education is still recovering from the effects of COVID-19 lockdowns. The state Legislative Finance Committee’s Public Education Subcommittee released a report Wednesday detailing…
ECECD hosts baby showers to let parents know about resources

ECECD hosts baby showers to let parents know about resources

Friday afternoon, a line of people formed outside a room in the Explora Science Center and Children’s Museum in Albuquerque.  The line was made…
Gov. Lujan Grisham tests positive for COVID

Gov. Lujan Grisham tests positive for COVID

Gov. Michelle Lujan Grisham tested positive for COVID-19 for a third time. The governor’s office said that Lujan Grisham is experiencing mild symptoms and…
Study: New Mexico had highest increase in abortion since 2020

Study: New Mexico had highest increase in abortion since 2020

Between January 2020 and June 2023, New Mexico saw a larger increase in abortion than any other state, according to a new report. The…
Doctors encourage vaccinations for respiratory illnesses, including COVID

Doctors encourage vaccinations for respiratory illnesses, including COVID

Health officials from hospitals throughout the state encouraged New Mexicans to get vaccinated against three respiratory illnesses, including COVID-19. After the U.S. Food and…
US Supreme Court expected to hear the abortion medication case this term

US Supreme Court expected to hear the abortion medication case this term

Two upcoming U.S. Supreme Court cases  this term could impact abortion rights and victims of domestic violence. The high court has not set a…
Indigenous Women Rising: Abortion fund budget has doubled since Dobbs

Indigenous Women Rising: Abortion fund budget has doubled since Dobbs

Representatives from the abortion fund provider Indigenous Women Rising told members of the Interim Indian Affairs Committee on Monday that their monthly abortion fund…
Study: New Mexico had highest increase in abortion since 2020

Study: New Mexico had highest increase in abortion since 2020

Between January 2020 and June 2023, New Mexico saw a larger increase in abortion than any other state, according to a new report. The…
Senators introduce suicide prevention legislation

Senators introduce suicide prevention legislation

The Youth Risk Behavior Survey Data Summary and Trends Report shows upward trends in the nation’s high schoolers expressing they felt hopeless, considered suicide…
Indigenous Women Rising: Abortion fund budget has doubled since Dobbs

Indigenous Women Rising: Abortion fund budget has doubled since Dobbs

Representatives from the abortion fund provider Indigenous Women Rising told members of the Interim Indian Affairs Committee on Monday that their monthly abortion fund…
Study: New Mexico had highest increase in abortion since 2020

Study: New Mexico had highest increase in abortion since 2020

Between January 2020 and June 2023, New Mexico saw a larger increase in abortion than any other state, according to a new report. The…
Local election results certified, with some recounts pending

Local election results certified, with some recounts pending

The New Mexico State Canvass Board met Tuesday in Santa Fe to certify the official 2023 local election results. The State Canvass Board is…
NM Supreme Court hears gerrymandering oral arguments, decision to come at later date

NM Supreme Court hears gerrymandering oral arguments, decision to come at later date

Attorneys for both the Republican Party of New Mexico and Secretary of State Maggie Toulouse Oliver delivered oral arguments on Monday in the case…
Voter education campaign begins as voting begins in local elections

Voter education campaign begins as voting begins in local elections

Tuesday marked the beginning of early voting for local elections throughout the state. It also marked the beginning of a voter education public service…
New Mexico governor kickstarts effort to overhaul oil and gas regulation

New Mexico governor kickstarts effort to overhaul oil and gas regulation

By Jerry Redfern, Capital & Main After failing in the last legislative session early this year, a major update of New Mexico’s Oil and Gas…
NM looks to brackish and produced water amid climate change

NM looks to brackish and produced water amid climate change

This water will not be used as a drinking water source but can be used in other sectors and may reduce demand for freshwater.…
Environmental groups react to new methane rule

Environmental groups react to new methane rule

In his role as a field advocate for Earthworks, Andrew Klooster often visits oil and gas facilities. Although most of his work focuses on…

GET INVOLVED

© 2023 New Mexico Political Report