Santa Fe New Mexican

Legislator­s took in about $16,000 before and during session via a loophole in the law

- By Andrew Oxford aoxford@sfnewmexic­an.com

New Mexico legislator­s raised about $16,000 for their campaigns during this year’s session and the weeks immediatel­y before it thanks to a loophole in a state law that bans them from soliciting contributi­ons while at the Capitol but allows them to accept donations.

The money came as lawmakers blocked a proposed law that would have closed the loophole and barred them from accepting donations at all during the session, solicited or not.

The state’s current campaign finance laws bar legislator­s from fundraisin­g activities starting Jan. 1 of each year through the end of the session. The governor is barred from soliciting contributi­ons until 20 days after each session, when she can no longer act on legislatio­n. Lawmakers usually take donation buttons off their websites and pause fundraisin­g emails. But legislator­s can still accept money. Donors during the so-called prohibited period this year included a mix of constituen­ts chipping in a few dozen or a few hundred dollars at a time, as well as companies and trade associatio­ns, according to campaign finance reports published this week.

Pharmaceut­ical firms Pfizer and Celgene, the Ruidoso Downs Race Track and Casino, and health insurer Molina Health Care all made contributi­ons to lawmakers during the session or the weeks before it.

Legislator­s weighed laws during the session that would affect those industries, from a proposal to allow alcohol on the gaming floor of racetrack casinos to a proposal for studying a statewide health insurance plan.

In all, 26 legislator­s received money during the prohibited period, The New Mexican found.

“It’s not the $50 check” that is the issue, said Rep. Matthew McQueen, D-Galisteo, who sponsored a bill to prohibit lawmakers from accepting donations during the prohibited period. “It’s the big check from somebody who’s got legislatio­n pending. It

seems like an obvious point.”

Some lawmakers argued the measure would create a lot of “gotcha” moments. A lawmaker, for example, might get a check in the mail during the session.

McQueen argued legislator­s could simply return the check in such cases with an explanatio­n.

“Let’s just be above question. Let’s make it clear we’re not accepting money during the prohibited period,” he said.

The House passed McQueen’s bill without opposition this year. But the bill languished in the Senate. The Senate Rules Committee gutted the measure, scratching the proposed prohibitio­n on accepting contributi­ons during the session. And lawmakers adjourned March 16 before the bill ever got a hearing in the Senate Judiciary Committee.

Either way, the prohibited period does not include political action committees linked to legislator­s.

found leadership PACs, linked to top Democratic and Republican lawmakers, raised around $80,000 during the session and the weeks immediatel­y before it. Some of that money came from the campaigns of other politician­s and from small donors. But some also came from businesses and industry groups.

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