近距离内射合集

Featured

Judge tosses parts of NM campaign finance law

Published Modified

A top federal judge in New Mexico has struck down as unconstitutional New Mexico鈥檚 limits on how much state political parties can contribute to political candidates and local political parties.

The court enjoined the state from enforcing its $11,000 limit per election cycle on contributions from state political parties to gubernatorial candidates or candidate committees; its $5,500 limit per election cycle for all other candidates; and the state鈥檚 $5,500 limit from state political parties to county parties.

Chief U.S. District Judge William P. Johnson, in an 87-page opinion released Thursday, upheld other state campaign finance limits in a mixed ruling on an 11-year-old lawsuit filed by the Republican Party of New Mexico, and other Republican plaintiffs.

For instance, Johnson dismissed the lawsuit鈥檚 challenge to the $27,500 limit on contributions from individuals and entities to state political parties.

A spokeswoman for the Republican Party of New Mexico had no immediate comment on Thursday, adding, 鈥淥ur legal team is studying the decision.鈥

spokeswoman for the state Attorney General鈥檚 Office, which helped defend the state, couldn鈥檛 be reached for comment Thursday.

The lawsuit challenged the constitutionality of New Mexico鈥檚 campaign finance laws as set out in the state鈥檚 Campaign Reporting Act. The statute was enacted in 2009 in response to political corruption scandals in the state and after recommendations from an ethics reform task force convened by then-Gov. Bill Richardson, the ruling stated.

Because New Mexico had no contribution limits at the time, the task force proposed creating limits to 鈥渁ddress quid pro quo corruption and the appearance of corruption associated with large campaign contributions,鈥 the ruling stated.

Several high-profile corruption scandals also influenced the task force and led to the adoption of the contribution limits, the ruling stated.

One of the scandals 鈥渋ronically, involved Governor Bill Richardson,鈥 the ruling stated. 鈥淩ichardson came under federal investigation in 2008 for allegedly giving state contracts to campaign donors. And these pay-to-play allegations ultimately caused Richardson to withdraw from consideration as President Obama鈥檚 Commerce Secretary.鈥

Richardson, who had served as Department of Energy secretary under President Bill Clinton, was never charged with a crime. He couldn鈥檛 be reached for comment Thursday.

鈥淧olitical corruption is not just a relic of New Mexico鈥檚 past,鈥 the ruling stated.

The judge also cited the convictions in the 1980s of former New Mexico State Investment officer Philip Troutman and Deputy State Treasurer Kenneth Johnson, who were convicted of conspiracy to commit extortion for soliciting $2,000 in contributions to the Democratic Leadership Fund.

In the 1990s, then-state Rep. Ronald Olguin was convicted for soliciting or demanding a $15,000 bribe in exchange for including a $100,000 appropriation into the House鈥檚 appropriation bill. Two state treasurers in New Mexico, Michael Montoya and Robert Vigil, were convicted of extortion and attempted extortion.

The judge wrote that political corruption has plagued New Mexico since statehood in 1912.

鈥淭he corruption of the Santa Fe Ring reportedly delayed New Mexico鈥檚 admission to the Union. And not long after New Mexico became a state, Albert Fall, former New Mexico senator and then Secretary of the Interior, was jailed for accepting bribes in exchange for federal petroleum leases in the Teapot Dome scandal.鈥

The Santa Fe Ring was a group of powerful attorneys and land speculators said to have amassed a fortune through political corruption and fraudulent land deals. The ring name was attached to nearly all state politicians in the New Mexico state capital.

Johnson focused on Republican Party challenges to five different state campaign contribution limits, finding three violated the First Amendment.

For a contribution limit to survive, the state must first show a 鈥渟ufficiently important interest in that limit,鈥 Johnson wrote. Not just any corruption will suffice. 鈥淐ampaign contribution limits must aim to prevent quid pro quo corruption or its appearance.鈥

Lawyers representing the state, including the state Attorney General, presented evidence of the need to address quid pro quo corruption or its appearance through limits on contributions to political parties. 鈥淭wo key examples: the convictions of Troutman and Johnson in the 1980s and 鈥渢he recent 鈥榩ay to play鈥 scandals of Governor Bill Richardson,鈥 the ruling stated.

鈥淭he Court finds the federal investigation into Governor Richardson鈥檚 alleged pay-to-play schemes qualifies as the appearance of quid pro quo corruption because the State has demonstrated public awareness of the serious risk that Governor Richardson was awarding state contracts 鈥 the quid 鈥 in exchange for campaign contributions 鈥 the quo,鈥 Johnson wrote.

In the three limits the judge ruled as unconstitutional, Johnson found the limits on state party contributions to both gubernatorial candidates and non-gubernatorial candidates were lower compared to other states鈥 limits and lower than limits upheld by the U.S. Supreme Court.

As to the third limit, regarding state party contributions to county political parties, the judge found the state failed to put forth evidence to show that 鈥渢here鈥檚 a serious risk of donors circumventing valid contribution limits by donating money to a state party with the intention that the money be donated to a county party to give to a candidate in exchange for a 鈥榪uid pro quo鈥 candidate or the appearance of one.鈥

The limit on such contributions, he wrote, is 鈥渢oo attenuated from the root concern of quid pro quo corruption between individuals and candidates.鈥

Conversely, in upholding the $27,500 limit per election cycle, Johnson found that New Mexico鈥檚 limit on contributions from individuals and entities to state political parties is higher 鈥 often substantially higher 鈥 than the comparable limit imposed in 20 states. He also upheld the $27,500 limit on contributions from national political parties to state political parties for federal elections.

The judge found that evidence submitted in the case showed that the 鈥淣MGOP works closely with its Republican candidates, including evidence that the NMGOP provides its candidates with campaign assistance, strategic advice and often coordinates joint rallies and fundraising events with its candidates.

The case record also contains testimony about the importance of these type of fundraisers as ways for donors to meet candidates, the ruling stated.

鈥淪pecifically, former plaintiff Mark Veteto testified that his presence at State Republican fundraisers and the like allowed him access to former Governor Susana Martinez including the ability to email, text and call her.鈥

The state鈥檚 campaign reporting act was enacted just before the U.S. Supreme Court鈥檚 seminal case, Citizens 近距离内射合集 v. FEC, 鈥渋njected uncertainty into the world of campaign finance. Seizing on this uncertainty, the Republican Party of New Mexico and other plaintiffs filed suit in 2011, citing the First and 14th amendments and the Supremacy Clause,鈥 the judge wrote.

Current plaintiffs include the Republican Party of Bernalillo County, the Republican Party of Do帽a Ana County, New Mexico Turn Around, Harvey Yates, Jalape帽o Corp. and the Right to Life Committee of New Mexico.