Commissioner accused of violating federal law
Hatch Act rules at heart of issue
A complaint filed against Sandoval County Commissioner Jay Block by a Democratic Party leader alleges he violated federal law when he registered to run for office while still in the military.
But Block says he made certain he was in compliance with the limits placed on him as an active duty officer before launching his run.
Deputy Secretary of State John Blair said Marg Elliston, head of the Democratic Party for Sandoval County, filed the complaint with Secretary of State Maggie Toulouse Oliver’s office on Feb. 3.
The complaint accuses Block, a Republican who represents District 2 and lives in Rio Rancho, of registering to run for office while still on active duty in the Air Force, thus violating the Hatch Act. Block had served 20-plus years in the U.S. Air Force before successfully running for his county commission seat last fall. The Hatch Act states that although federal employees “may actively participate in political management and political campaigns,” they cannot run for public office in partisan elections or hold office in a political club or party.
In March, Toulouse Oliver’s office responded to Elliston, stating:
“Upon consultation with the
Attorney General’s Office, it appears that they can assist you in properly filing your complaint with the U.S. Office of Special Counsel.
“The Office of the Secretary of State does not have investigative authority regarding potential Hatch Act violations ... . ”
In a statement from James Hallinan of the Attorney General’s Office to the Observer, he noted, “The Office of the Attorney General fully reviews every complaint received and investigates where appropriate. It is the policy of this office to neither confirm nor deny an existence of an investigation, in order to preserve the integrity of our investigations and protect those individuals not charged with a crime.”
Block said he received an email March 24 that a complaint had been made in regard to him possibly not following proper procedures to run for office.
“After serving 22 years in the military, I was fully aware of the restrictions that the military puts upon its members,” Block said. “I was fully aware of the Hatch Act; I did the research on it and I was in constant contact with the JAG, (and) the lawyers at Kirtland Air Force Base to make sure I was in compliance with the limitations put on me as an active duty officer.”
Block said he was fully aware he would jeopardize his retirement if he ran for office without checking all legalities involved, including violating the Hatch Act.
“There are those who would use the Hatch Act as a political tool to attack those who now serve in our community as elected officials, and I understand that,” Block said. “I ran to be a county commissioner in my district so I could help the community and make it a better place for our citizens.”
Block said the lawyers working for the secretary of the Air Force in Washington, D.C., made sure he was in compliance to run for office and approved his request.
According to Block, he received that approval from the Air Force in February 2016.
“I had that approval letter before I filed for my candidacy on (March 8),” Block said. “I went out of my way to ask the county attorney and the county clerk if they needed that letter and they said, ‘There’s no requirement; if the Air Force says you’re good, you’re good.’”
Elliston declined to comment for this article.