Albuquerque Journal

Dueling campaign violation complaints resolved

Secretary of state rules against issues raised by candidates for his office

- BY DEBORAH BAKER JOURNAL CAPITOL BUREAU

Secretary of State Brad Winter has disposed of dueling campaign finance complaints lodged against the Republican and Democratic candidates in the contentiou­s race to succeed him.

Winter concluded last week that the Republican nominee for secretary of state, Nora Espinoza, did not violate state campaign finance laws, as a complaint from a Democratic Party official alleged.

Two weeks earlier, he had determined that a complaint filed against Democratic nominee Maggie Toulouse Oliver by a Republican lawmaker was filed too late for his office to act on.

Espinoza, a state representa­tive from Roswell, and Toulouse Oliver, the Bernalillo County clerk, are running in the Nov. 8 general election to fill out the final two years of former Secretary of State Dianna Duran’s term. Winter, a Republican, was appointed to the job after Duran resigned last year and pleaded guilty to misusing campaign funds.

Robert Lara of Las Cruces, treasurer of the state Democratic Party, alleged there were multiple violations of the Campaign Reporting Act and administra­tive rules in reports Espinoza filed this year.

Lara said the GOP nominee failed to identify specific vendors and purchases on her spending reports, instead listing “Citi Cards” as the recipient.

Winter said the law doesn’t clearly require a vendor, so there was no violation. But he said that “in an effort to promote transparen­cy,” Espinoza should provide more detail, and that the campaign “may amend their 2016 primary reports” to reflect specific vendors.

Allegation­s that she didn’t provide a purpose for campaign expenditur­es and used

campaign funds for personal business were unsubstant­iated, Winter also found.

And her use of “businessma­n” or “business owner” to describe the occupation­s of donors of $250 or more was not a violation because the law doesn’t define “occupation,” according to Winter. But, again, he suggested that in the interest of transparen­cy, she should amend the reports to give more detail.

Winter’s letter also said his office has no policy requiring couples who donate to a campaign to be listed as a single contributo­r — as Lara alleged — and therefore there was no violation when Espinoza’s report listed couples as contributo­rs.

And Winter said Espinoza wasn’t required to report legal work by Rep. Zach Cook, R-Ruidoso, as an in-kind contributi­on because Espinoza said Cook hadn’t done any legal work for her campaign.

It was Cook who filed a complaint against Toulouse Oliver with Winter’s office, alleging that she should have reported a contributi­on that one political action committee gave another PAC two years ago — when she was running against Duran — that was earmarked for TV advertisin­g supporting her.

Toulouse Oliver said the complaint was baseless, because she didn’t receive the contributi­on and is legally barred from coordinati­ng with such independen­t expenditur­e committees. And she said it was filed too late.

Winter said any complaint about the 2014 general election had to be filed by Feb. 2, 2015. Cook’s complaint was received on June 22 of this year.

“I conclude that the complaint is untimely and our office is unable to proceed with an investigat­ion,” Winter wrote on Aug. 4.

 ??  ?? ESPINOZA: Didn’t violate campaign finance laws
ESPINOZA: Didn’t violate campaign finance laws
 ??  ?? TOULOUSE OLIVER: Said complaint filed too late
TOULOUSE OLIVER: Said complaint filed too late

Newspapers in English

Newspapers from United States