Albuquerque Journal

Campaign reporting needs review

Hearings to begin soon on clarifying New Mexico’s laws

- BY VIKI HARRISON EXECUTIVE DIRECTOR, COMMON CAUSE NEW MEXICO

The New Mexico secretary of state will be holding hearings soon on regulation­s that will clarify New Mexico’s campaign reporting requiremen­ts in light of a number of court decisions that have invalidate­d parts of New Mexico’s current law while leaving other parts standing. It is an effort that was begun in 2014 by Maggie Toulouse Oliver’s predecesso­r, Dianna Duran, who was also faced with the obligation to enforce an ambiguous law. That effort was suspended amid scandal in the Secretary of State’s Office, and the Legislatur­e this year tried to solve the problem with the passage of SB 96.

The bill passed overwhelmi­ngly with bipartisan majorities in both houses, but it was vetoed by the governor, mainly at the behest of the Koch brothers-backed group, Concerned Veterans for America, based in Virginia. The result is confusion for campaigns and darkness for voters.

At issue is the requiremen­t that independen­t groups — like Concerned Veterans of America — report to the secretary of state if they engage in “electionee­ring” activities in the months right before an election or expressly advocate for the defeat or election of a candidate or ballot issue at any time during the year.

In the proposed regulation­s these groups must, if they spend more than $1,000 on their activities, report what they are spending their money on and the donors who gave more than $200 for that purpose. Actually, the reporting requiremen­ts are much less onerous for these groups than for regular PACs and candidates.

Currently in New Mexico, all candidates and PACs must report all contributi­ons and expenditur­es, with the additional requiremen­t that they must disclose the occupation of donors of more than $200. Not so for the out-of-state independen­t groups, who have hidden behind New Mexico’s ambiguous laws to avoid public scrutiny. Yet these large groups are dominating elections, running negative advertisem­ents and spreading misinforma­tion through phony phone banks. In the recent special Georgia House election over $28 million was spent by outside, dark-money groups. This big money is headed our way in the upcoming 2018 elections.

That’s why it’s important that the Secretary of State’s Office, which is the principal enforcemen­t agency of the state’s campaign finance law, acts now. The 2018 election cycle begins in a just few months.

New Mexico voters and businesses overwhelmi­ngly support the disclosure of “dark money” used to sway elections. In January, a poll taken by Research and Polling for Common Cause New Mexico indicated that nine in 10 voters supported requiring all independen­t groups who are spending money on campaigns to report who their donors are. In March of this year, 92 percent of business leaders weighed in to support disclosure.

The new regulation­s do not apply to nonpartisa­n groups not engaged in “electionee­ring” or advocating expressly for or against a specific candidate or ballot measures. They do not have to report anything and are of no interest to the secretary of state. But yes, groups who are spending big money to influence elections must report under the new regs. Why? Just as those groups have a right to spend as much as they want, the public has a right to know who they are. Accurate, complete informatio­n is the stuff that democracy is made of. It allows voters to hold elected officials to account, to determine real motivation­s and to not be misled. Without it, we are shooting in the dark.

We applaud the secretary of state for working to bring our law into conformanc­e with the Caonstitut­ion and recent case law. The new regulation­s clarify the rules, level the playing field for everyone who participat­es in the campaign reporting process and — most importantl­y — satisfy the public’s right to know who is advocating for candidates.

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