Legislative Newsletter: LFC discusses wage gap, more

Note: This goes out to newsletter subscribers at the start of each week. We will post the first few on the website before it becomes a newsletter exclusive. Sign up here for free! Hello political junkies! This week the interim Legislative Finance Committee met to discuss, among other things, the state budget forecast.

Campaign finance updates fail in House

The House voted down a bill sought to modernize the Campaign Reporting Act. SB 42 sought to simplify campaign reporting compliance for some elected officials and to provide more sunshine on campaign finances. The bill failed on 33-36 vote. Legislators debate portions of the bill that would change the way loans to candidates from family members would be reported. There were questions about how the difference between a loan from a family member to help fix a home issue such as plumbing or roofing was different from a loan toward the candidates campaigning. 

There was also discussion about the restricted times during legislative sessions when a legislator may receive a donation through the mail but not cash it until after the legislative session concluded.

A screenshot of the House Floor Session webcast Feb. 15, 2023 when Rep. Matthew McQueen presented HB 103 which updates the Campaign Reporting Act.

Campaign finance reporting changes head to House floor

The House Judiciary Committee unanimously passed an update to the Campaign Finance Act. SB 42 seeks to simplify campaign reporting compliance for some elected officials and to provide more transparency on campaign finances. Amended to include HB 103, bill presenter and HB 103 co-sponsor Rep. Matthew McQueen, D-Galisteo, said SB 42 was previously a disclosure bill. The addition of HB 103 adds a modernization effort to align campaign finance reporting with the modern election process. “Senate Bill 42 requires out of state groups making independent expenditures of $5,000 or more to disclose the source of those funds.

Campaign Finance Reporting Act update clears first House committee

A bill proposing to amend Campaign Reporting Act to simplify campaign reporting compliance for certain elected officials passed its first House committee hearing. “This bill reacts to gaps that we have seen in the statute we passed in 2019 and attempts to close those gaps,” bill co-sponsor Senate Majority Floor Leader Sen. Peter Wirth said. The bill was approved by the House Government, Elections and Indian Affairs Committee on an 8-1 vote with Rep. John Block, R-Alamogordo, as the sole vote against SB 42. “I think there’s a huge loophole where you could have a PAC, and you could be running a lot of money through that PAC that’s not affiliated during the session. So I think if we could maybe extend to more than just directly type entities that might clear it up a little bit,” Block said.

Campaign reporting updates pass the Senate

The Senate approved a bill that seeks to simplify campaign reporting for some elected officials. The Senate passed the bill, a committee substitute for SB 42, on a 26-10 vote Saturday afternoon. “This bill continues the one thing that the United States Supreme Court has allowed us to do when it comes to regulating independent expenditures in our election cycle, and that is required disclosure,” bill sponsor Senate Majority Leader Peter Wirth, D-Santa Fe, said. “In 2019, we passed a comprehensive bill that for the first time defined some key terms, coordination being perhaps the most important when it came to independent expenditures, and over the last four years, what we found is, you know, it’s one of these areas where you have to constantly be working. And so this bill does a couple things: It closes some of the loopholes that have been used since we passed the bill in 2019…The bill also has some kind of cleanup provisions in the campaign reporting act.

Spending in New Mexico’s 2nd district congressional busts into stratosphere

This year’s rematch between Democrat Xochitl Torres Small and Republican Yvette Herrell in New Mexico’s second congressional district is one of the most closely-watched in the nation, generating tensions within the state’s oil and gas industry and tens of millions in outside spending. Roll Call has identified Torres Small as one of the 10 most vulnerable House incumbents up for re-election this year. The respected Cook Political Report rates the race as a tossup. 

This story was written by New Mexico In Depth and is republished with permission through a Creative Commons license. At this point, candidates and outside groups have spent a combined sum exceeding $30 million. Spending in 2018 approached $14 million, in a year when across the country record spending was recorded.

Ethics complaint alleges group failed to disclose donors, and suggests connection to prominent lobbyist

Over the course of May and early June this year, a new group called the “Council for a Competitive New Mexico” (CCNM) spent over $130,000 on a media campaign supporting a group of incumbent state senators, most of whom would go on to lose as part of a progressive wave in June’s Democratic primary. The media campaign included several negative mailers and automated phone-calls against candidates opposing the incumbents while the public was left in the dark about who organized the group and who funded the media campaign. 

This story originally appeared at New Mexico In Depth and is republished with permission. Now, an ethics complaint filed this week with the Secretary of State’s office alleges that CCNM broke New Mexico’s election code by not disclosing its donors. 

Neri Holguin, campaign manager for two of the candidates who won during the June primary, Siah Correa Hemphill and Pam Cordova, writes that the group may have violated the New Mexico Elections Code by not reporting who paid for the negative advertising and phone calls against those candidates as well as others. 

“It was a deliberate attempt to make it as difficult as possible for voters to know who’s behind these hits on our candidates,” said Holguin in an interview. “They knew the rules enough to file as an independent expenditure (IE) and to list their expenditures, and so why not list contributors?”

“Voters need to know that, and we have no way of knowing that right now,” said Holguin. At the core of Holquin’s complaint is a new state law that triggers certain groups to disclose publicly and quickly who the donors are that paid for their electioneering activities if the costs are larger than a state-prescribed threshold. 

Holguin said she believes CCNM was created by a group of people, including prominent New Mexico lobbyist Vanessa Alarid–whom she mentioned by name in the complaint–that have used similar tactics in recent years to influence elections at the local and state level without disclosing publicly who is funding the activities in a timely fashion.Chevonne Alarid, the president of the nonprofit group, however, said disclosure isn’t necessary  until it files its annual report to the Internal Revenue Service.

Despite no corporate money pledges, Democratic federal candidates keep taking it

While every Democrat running for federal office in New Mexico this year pledged to not accept money from corporate political action committees, they still benefit from corporate giving. 

Funneled to their campaigns from intermediary PACs that gather corporate money and then redirect it to candidates for office, the donations shine a light on the complications Democrats face when attempting to distance themselves from corporate special interests while still raising enough money to run winning campaigns. Since the landmark Citizens United vs. FEC Supreme Court ruling in 2010– which opened political campaigns to unrestricted outside spending in elections by corporations, nonprofits, unions, and other organizations—a movement to enact reforms that would limit corporate influence in elections has grown, and found a home within the Democratic Party. One group, called End Citizens United, encourages candidates to pledge not to accept donations from corporate PACs. Federal rules already prohibit candidates from taking donations from corporations directly.

Torres Small raises big money once again in 2nd Congressional District race

Congressional candidate Xochitl Torres Small once again dominated fundraising in the federal races, according to the latest campaign finance reports, covering Oct. 1 to Oct. 17. The Democrat seeking the 2nd Congressional District seat reported raising nearly $950,000 in those 17 days. The hefty campaign finance haul brought the water attorney’s total tally to over $3.8 million for the open congressional seat.

Democrats hold big cash advantages in federal races

While Democrats led the way in fundraising in the latest quarter, federal campaign finance reports filed Monday show, one candidate considerably outraised the rest. NM Political Report first reported that Xochitl Torres Small, a Democrat seeking the 2nd Congressional District seat, raised over $1.9 million yesterday. Her fundraising total was $650,000 more than all three candidates for U.S. Senate combined raised in that same time period. Torres Small spent over $1.3 million and finished with $1.1 million cash on hand for the final few weeks of the race. Her opponent, Republican State Rep. Yvette Herrell, raised $564,000 and spent $245,000, leaving her with $419,000 cash on hand for the final stretch.