New Mexico: Legal fight brews over new campaign finance rules | Santa Fe New Mexican

Proposed campaign finance rules that Secretary of State Maggie Toulouse Oliver hopes to get on the books before what’s likely to be an expensive election year could be headed for a courtroom showdown. The state’s usually mundane regulatory process has become a flashpoint in a national battle over the influence of money on electoral politics. Now a coalition of conservative and libertarian groups that has campaigned against Democrat Toulouse Oliver’s policies is signaling it will sue to stop the rules. Though the policies got a final hearing last week, few of the couple dozen people who turned out for the meeting at the state Capitol were concerned about the wording of the 14-page proposal. Instead, most spoke about what the new policy would represent in a more fundamental sense.

New Mexico: Governor pocket vetoes proposal to consolidate local elections | NMPolitics.net

Gov. Susana Martinez killed on Friday legislation that would have consolidated most local elections into one beginning in 2019. The pocket veto was a defense of local laws requiring photo identification to vote, Martinez spokesman Chris Sanchez said. “It would have taken away voter ID in the local jurisdictions that have implemented it,” Sanchez said. “The governor is a strong supporter of voter ID.” Satisfying concerns about preserving local voter ID laws in Albuquerque, Rio Rancho and elsewhere was key to winning GOP support for the bill during legislative deliberations. Cities would have been allowed to opt out of consolidated elections if the bill had become law. Supporters said those that did opt out would have been allowed to keep their own rules governing elections, including requiring a photo ID to vote.

New Mexico: Voter registration during early voting shot down in House | Albuquerque Journal

A proposal to allow people to register to vote closer to Election Day was narrowly rejected by a House committee Thursday.
Rep. Debbie Rodella, D-Española, crossed party lines to join with Republicans to table the bill – a procedure that blocks it from moving forward. The proposal, Senate Bill 224, would have allowed people to register at early-voting sites, which operate until the weekend before Election Day. As the law stands now, the registration period ends 28 days before the election.

New Mexico: A less automatic voter registration bill clears committee | The NM Political Report

An automatic voter registration bill lost a bit of what made it automatic, but moved on from the House committee that previously blocked it. State Rep. Daymon Ely, D-Albuquerque, was one of two Democrats to previously vote against the legislation in the House Local Government, Elections and Land Grant Committee. He explained after that vote that he voted against the bill initially so he could bring it off the table, citing a parliamentary rule, and reconsider the matter. The bill was previously tabled in the same committee. Ely brought the bill back Tuesday. After a very brief discussion, the committee passed the bill unanimously. “It looks complicated but it’s not,” sponsor Patricia Roybal-Caballero, D-Albuquerque, told the panel of the amendment.

New Mexico: Open primary bill moves forward in Senate | Albuquerque Journal

A proposal to open New Mexico’s primary elections to independent voters survived – just barely – its first challenge in the state Senate.
The bill made it out of the Senate Rules Committee on Monday without a recommendation and now heads to the Judiciary Committee, potentially its last stop before reaching the Senate floor. But that was only after a motion to recommend passage of the bill failed on a tie vote. A similar proposal, meanwhile, is also advancing through the House, though it has not yet reached the floor. Monday’s action centered on Senate Bill 205, sponsored by Sen. John Sapien, D-Corrales.

New Mexico: Automatic voter registration bill dies in committee | The Santa Fe New Mexican

Two Democrats joined with Republicans to kill a bill that would have automatically registered all eligible adults as voters when they obtain a New Mexico driver’s license. Rep. Debbie Rodella, D-Española, questioned whether the bill was necessary when the Motor Vehicle Division can already offer eligible adults the chance to register to vote. Republicans on Thursday evening moved to table the bill in the House Local Government, Elections, Land Grants and Cultural Affairs Committee. Rodella and a newly elected Democrat, Rep. Daymon Ely of Corrales, sided with Republicans to stop the proposal on a 5-2 vote.

New Mexico: Senate approves popular vote for presidency on 26-16 vote | Albuquerque Journal

Fresh off a divisive election season, the Senate on Monday approved legislation adding New Mexico to an interstate compact aimed at guaranteeing the president – in future elections – would be elected by national popular vote. The measure, Senate Bill 42, passed the chamber on a party-line 26-16 vote, with Democrats in favor and Republicans opposed, and now moves on to the House. “By doing our part to move toward a national popular vote, we can begin the process of regaining the voters’ trust in our elections and ensure their voices are equal to every voter across the country,” said Sen. Mimi Stewart, D-Albuquerque, the bill’s sponsor. However, several Republican critics of the legislation accused Democrats of pushing the change in response to President Donald Trump’s victory. “Just because we didn’t get our way means we pout and change the entire system,” complained Sen. Cliff Pirtle, R-Roswell.

New Mexico: Bill would OK registration closer to election | Las Cruces Sun-News

Potential voters would be able to register up until three days before an election under legislation that cleared its first committee hurdle last week. Senate Bill 224 would change current law, which cuts off voter registration 28 days before an election. “It is long overdue that New Mexico update its antiquated 28-day cut off period for citizens to register to vote. Clearly, we have the technology to safely enable citizens to register much closer to the election,” said Sen. Jeff Steinborn, D-Las Cruces, the bill’s sponsor. “This bill is a great step forward to make that happen.”

New Mexico: State Supreme Court upholds closed primaries | The Santa Fe New Mexican

The New Mexico Supreme Court on Monday upheld the state’s system of closed primary elections, ruling the practice is constitutional and not overly burdensome. The decision means primary elections can continue to be closed to voters who aren’t registered as members of the political parties with candidates on the ballot. That means other voters, including those who decline to state a party affiliation, can vote in only general elections. The Supreme Court’s ruling, however, may not be the last word on the issue. The state Legislature is considering legislation to open primary elections to all voters. Albuquerque lawyer David Crum, who brought the case before the Supreme Court, had argued closed primaries violate the state constitution’s guarantee of free and open elections.

New Mexico: Lawmakers Consider Automatic Voter Registration Bill | KUNM

The state Motor Vehicle Division would pull info on drivers and register them to vote—if they are eligible—according to a bill that is being considered by lawmakers in Santa Fe during this year’s legislative session. Representative Patricia Roybal Caballero (D-Bernalillo) proposed the legislation. She says it would get more folks voting. “It’s an attempt to modernize our system, make it more accessible, coordinate so it is not so cumbersome, so it is more secure. It gives us a chance to invigorate the voters,” she said.

New Mexico: Legislature mulls move to open primaries | Associated Press

New Mexico lawmakers will consider electoral reforms to make it easier for independents to vote in primary elections and to run for state office, amid a steady shift away from major party registration in the state. Republican and Democratic lawmakers filed proposed legislation and constitutional changes on Monday that would upend New Mexico’s closed primary system that excludes independent voters from major party primaries. One new bill would allow unaffiliated voters to participate in primary elections for a major party of their choice. The two bill sponsors — Republican Rep. Jim Dines of Albuquerque and Democratic Rep. Stephanie Garcia Richard of Los Alamos — said younger voters in particular are being shut out of the electoral process because they do not identify closely with major parties. “For me, the issue is access,” Garcia Richard said. “This is a way, I believe, of taking down barriers to access to the ballot.”

New Mexico: Democrats propose amendment calling for automatic voter registration | The Santa Fe New Mexican

All eligible voters in New Mexico should be registered, and the government should do it for them automatically, three Democratic lawmakers said Wednesday in announcing a proposal to enshrine new election law in the state constitution. The legislators said their proposal for automatic voter registration would reduce costs and create a more accurate system. Another likely benefit would be more people voting and holding government accountable for policy decisions, said Rep. Liz Thomson, one of the measure’s sponsors. “The more voices we hear, the better we can represent them,” Thomson said. She is teaming on the proposed constitutional amendment with Rep. Javier Martinez and Sen. Daniel Ivey-Soto. All three sponsors are from Albuquerque.

New Mexico: Supreme Court revives election-related constitutional amendments | Albuquerque Journal

Constitutional amendments dealing with school elections and voting rights that were thought to have failed years ago actually were passed, the state Supreme Court ruled today. The justices concluded that the constitutional changes needed the approval of only a majority of voters — not the 75 percent that was thought to be required — because they expanded rights, not curtailed them. That means that school elections could now be held in conjunction with other nonpartisan elections, such as municipal elections, rather than having to be held separately. The other changes modernized language in the constitution, replacing the references to “idiots” and “insane persons” as being prohibited from voting.

New Mexico: Auditor: Elections are chronically under-budgeted by secretary of state | Albuquerque Journal

State Auditor Tim Keller, in a report released today, says the Secretary of State’s office has been chronically under-budgeting for elections over the past decade. Keller says that has led to the need for $25 million in emergency loans, grants and special appropriations from the state to pay for elections. “Repeatedly using emergency funding mechanisms for routine, regularly scheduled elections runs against commonsense budgeting principles,” Keller said in a statement. Secretary of State Brad Winter, however, told the Journal the problem is not that the office has underestimated how much elections will cost, but that it has been under-funded.

New Mexico: Hundreds of newly eligible 17-year-olds register for voting | The Santa Fe New Mexican

The state’s first bloc of 17-year-olds who are qualified to vote numbers 1,267. They can cast ballots in the June 7 primary elections, a spokesman for the Secretary of State’s Office said this week. A new state law allows 17-year-olds to register and vote in the June primaries if they will turn 18 before the general election on Nov. 8. State legislators approved the measure this year and Gov. Susana Martinez signed it. Of the New Mexico 17-year-olds who registered to vote in the primaries, 874 are Democrats and 393 are Republicans. Another 316 17-year-olds also registered, but they cannot cast a ballot in a primary because they did not align themselves with either major political party. New Mexico’s primaries are open only to those voters registered as Democrats or Republicans.

New Mexico: Duran case ruling could cost taxpayers $90K | Albuquerque Journal

Taxpayers are on the hook for nearly $90,000 – and more – in legal fees and costs owed to the American Civil Liberties Union of New Mexico in its successful public records fight to compel then-Secretary of State Dianna Duran to provide the proof behind her claims of voter fraud by foreign nationals, the state Court of Appeals has ruled. An appeals panel found the legal tab was “reasonable” after a lawsuit filed by ACLU turned up public documents that Duran’s office had improperly withheld after the group filed requests under the state Inspection of Public Records Act. In the end, no actual “voter fraud” list was produced.

New Mexico: State loses appeal of Duran-era case on illegal voting | The Santa Fe New Mexican

The New Mexico Secretary of State’s Office lost another court battle Wednesday, and as a result, state taxpayers face a bill of more than $90,000. The case stems from former Secretary of State Dianna Duran’s since-discredited claims in 2011 that 117 foreign nationals had illegally registered to vote in New Mexico and that 37 of those had actually cast ballots. In a long-running lawsuit over legal fees in a public records case filed against Duran in 2011 by the American Civil Liberties Union, the state Court of Appeals upheld a 2014 District Court decision that the ACLU is entitled to more than $87,000 in legal fees from the Secretary of State’s Office. That figure does not include subsequent legal fees from the appeals process.

New Mexico: Some 17-year-old New Mexicans can vote as of May 18 | Albuquerque Journal

The secretary of state has made it official: Some 17-year-olds will be able to vote in this year’s primary election, although not until a new law takes effect May 18. That means they would miss the first eight days of early voting – offered in county clerks’ offices – but be able to vote after that, through the June 7 primary election. The Legislature this year passed, and the governor signed, a bill allowing 17-year-olds to vote in primaries if they will be 18 by the time of the general election. Because of the May 18 effective date, there was some uncertainty about how the new law would apply to this year’s election. But Secretary of State Brad Winter clarified it in a memo dated April 9 he sent to county clerks.

New Mexico: Secretary of State won’t say if 17-year olds will be able to vote in primaries | The NM Political Report

The New Mexico Secretary of State’s office is not saying much about whether some 17-year-olds will be able to vote in the upcoming New Mexico primary elections. During the 2016 legislative session, a bill passed that allows those who will turn 18 before the general election to participate in primary elections. Gov. Susana Martinez signed the bill into law following the session. Still, it is unclear whether the Secretary of State’s office will be ready to accept votes from that age group during the primary on June 7.

New Mexico: Bill expanding primary voting rights to some 17-year-olds heads to governor | The Santa Fe New Mexican

Certain 17-year-olds would be able to vote in primary elections under a bill now on its way to Gov. Susana Martinez. The measure would allow 17-year-olds to vote in the primary if they will turn 18 before the general election. Rep. Jeff Steinborn, D-Las Cruces, has sponsored the bill for three years as a way to interest younger people in government and politics. His earlier attempts cleared the House of Representatives, but Wednesday was the first time the proposal made it through the Senate.
Senators voted for the measure 24-16. House members approved it 10 days ago in a 41-26 vote.

New Mexico: Independents Lose Bid for Open Primaries | New Mexico In Depth

A plan to amend the state Constitution to let independents vote in primaries was tabled Monday by the House Judiciary Committee. One of the sponsors, Rep. Moe Maestas, D-Bernalillo, said the proposal (HJR 12) would get more New Mexicans involved in the political process. He cited record low voter turnout and a growing population of independent voters. “I’m a firm believer in the idea that, if folks vote in the primaries, they’ll also vote in November,” Maestas told members of the Committee.

New Mexico: Voter fraud claims lead to fight over legal fees | Albuquerque Journal

Just months into her stint as New Mexico secretary of state, Dianna Duran made Fox News, The Washington Post, and the Los Angeles Times after announcing her office had discovered more than three dozen foreign nationals had fraudulently voted in New Mexico elections. “This culture of corruption that has given all New Mexicans a black eye is unacceptable,” Duran was quoted as saying in a March 2011 press release. But a protracted public records lawsuit filed by the ACLU of New Mexico revealed no voter fraud lists existed, although other records were produced. And now taxpayers may be on the hook for more than $90,000 in attorney fees and costs awarded to ACLU lawyers who won the case.

New Mexico: Proposal to take redistricting out of lawmakers’ hands clears first hurdle | The Santa Fe New Mexican

It’s a long shot to make the ballot, but a proposal to take away the power of state lawmakers and the governor to redraw legislative districts got off to a successful start Wednesday. The proposed constitutional amendment to create a five-member redistricting commission zipped through the House Government, Elections and Indian Affairs Committee on a 9-0 vote. Every 10 years, after the U.S. census, state lawmakers redraw boundaries for districts of the New Mexico Legislature, the U.S. House of Representatives and the Public Regulation Commission. Then the governor reviews the maps and can accept or veto them.

New Mexico: Online voter registration is coming to New Mexico | Albuquerque Journal

New Mexicans should be able to register to vote online by the end of this week, as the Secretary of State’s Office is putting the final touches on new regulations that will allow the option for the first time in state history. Online voter registration has surged in popularity in recent years and is already available in 26 states, according to the National Conference of State Legislatures. New Mexico is one of three additional states – Oklahoma and Florida are the others – implementing such a system. Gov. Susana Martinez signed a bill, approved by legislators during this year’s 60-day legislative session, that mandated online voter registration, among other changes, and officials in the Secretary of State’s Office have been working to have it ready to go by Friday – more than a year before their deadline.

New Mexico: State Struggles With Campaign Finance Enforcement | Associated Press

Former New Mexico Secretary of State Dianna Duran was able to funnel thousands of dollars in campaign donations to her private bank accounts during a gambling binge without any regulatory agency noticing that she was breaking the law. Duran’s own agency was in charge of regulating campaign finance, but it was a confidential tip about numerous cash deposits that led to her getting caught. In the wake of the violations by Duran, more lawmakers were accused of sidestepping campaign finance laws by spending political donations on satellite TV service, clothing from outlet stores and other personal expenses.

New Mexico: Tenth Circuit Overturns Sanctions in Voting Rights Case | National Law Journal

Plaintiffs lawyers who brought a challenge to a political redistricting plan in Albuquerque were wrongly ordered to pay $48,217.95 in attorney fees as a sanction for dragging out the litigation, a federal appeals court ruled Tuesday. The U.S. Court of Appeals for the Tenth Circuit found that U.S. District Judge William Johnson of New Mexico abused his discretion in calculating the amount of the sanction against the lawyers based on the date they received a damaging expert report from the city. The plaintiffs did not dismiss their case after receiving the report.

New Mexico: Secretary of State, Dianna Duran, Pleads Guilty to Fraud | The New York Times

New Mexico’s former secretary of state Dianna Duran pleaded guilty on Friday to embezzlement and money laundering for using campaign contributions to pay gambling debts. She had resigned hours earlier, one of the terms of a plea agreement that, if approved by the judge, could spare her prison time. Speaking to reporters after her appearance before Judge T. Glenn Ellington of State District Court, Ms. Duran said, “I realized that I made some choices that were not healthy, and I will be seeking professional help.” Later, she said she had made her decision to plead guilty “in the best interests of my family and all New Mexicans.” Her sentencing has been scheduled for Dec. 14.

New Mexico: Failed amendments actually passed, group claims | Albuquerque Journal

Proposed changes to the state Constitution expanding when school elections can be held and modernizing language about who can vote failed to get the required 75 percent of the vote statewide, so they weren’t adopted. Or were they? In an unusual court challenge, the League of Women Voters is asking the state Supreme Court to rule that amendments that won majority approval in 2008, 2010 and 2014 – but failed to hit the 75 percent mark – are actually in effect. Changing most sections of the state Constitution requires the approval of only a simple majority of voters. But four sections, dealing with elections and with the educational rights of Spanish-speaking children, require a 75 percent approval.

New Mexico: Attorney General’s office files new felony identify theft charge against Dianna Duran | Albuquerque Journal

Attorney General Hector Balderas’s office has tacked another criminal charge onto its case against Secretary of State Dianna Duran, alleging the person Duran listed as her campaign treasurer during her 2010 election bid — former state Sen. Don Kidd — did not know his name was being used and had no role in verifying Duran’s campaign reports. In addition, the AG’s office filed notice it intends to seek an enhancement to any possible sentence handed down to Duran under a high-profile but untested 2012 public corruption bill. The legal salvos capped off a week in which Duran’s attorney filed a motion to have the Attorney General’s Office disqualified from prosecuting the Duran case and Balderas moved to cut formal ties between the two offices, pending the case’s outcome.

New Mexico: Secretary of state faces 65th charge: identity theft | Los Angeles Times

The New Mexico secretary of state, who oversees campaign finance reporting and once bemoaned a “culture of corruption” in the state, has been accused of using her election fund as a personal piggy bank at jewelry stores, ATMs and casinos. Secretary of State Dianna K. Duran already faces allegations of financial crimes, stemming from a separate August indictment. Late Friday, the New Mexico attorney general’s office alleged in a criminal complaint that Duran also falsified campaign finance reports by forging the name of a former state Senate colleague and claiming him as her campaign treasurer. The onetime colleague, Don Kidd, a banker in southeast New Mexico, denied any involvement with Duran’s campaigns in 2010 and 2014.