‘Tardy’ is another word for ‘compliant’
If bungling politicians literally shot themselves in the foot, John A. Baca wouldn’t have any toes.
Baca, a Democratic candidate for magistrate in Santa Fe, was riled by a recent column in which I reported that he didn’t file his campaign finance report until 18 days after the deadline.
Baca and his campaign treasurer claimed I had it all wrong. The treasurer, Gilbert Rubio Martinez, even stated Baca had been exonerated by the Secretary of State’s Office, but I had not written about this stunning turn of events. He wanted a retraction.
The treasurer sent a letter to my editor claiming Baca actually submitted his required document before the deadline: “The first primary financial report was filed with the SOS on April 8, 2022, three days prior to its due date,” Martinez wrote. “The Office of the Secretary of State confirmed to Mr. Simonich that Mr. Baca’s reportings had met compliance to the rules and requirements and that the reports were filed in a timely matter.”
That’s false. The secretary of state’s staff reiterated Tuesday that Baca missed the deadline by 18 days, just as I wrote.
“Mr. Baca filed the wrong report on 4/8,” stated Alex Curtas, a spokesman for the secretary of state. “He filed a 2020 first biannual report that day, not the 2022 first primary report that was due.
“He has now filed the proper report and come into compliance. We will be waiving any fines, according to our compliance policy.”
If someone wants to be a judge, he ought to know the rules and abide by them. Though Baca failed to do so, he received leniency from the secretary of state, Democrat Maggie Toulouse Oliver. She fined him $650, but wiped out his punishment.
Toulouse Oliver didn’t treat Baca better than other political sco±aws.
One of Baca’s opponents in the Democratic primary, Michael Roybal, initially was listed by Toulouse Oliver’s staff as having filed his report on time. But now the secretary of state says Roybal did not submit a valid report until 29 days after the deadline.
Toulouse Oliver fined Roybal $950. She waived his penalty, too.
Jon Paul Romero, running for Santa Fe County commissioner in District 1, also filed 29 days late. He has not been fined, according to state records.
Toulouse Oliver designated all those late filers as “compliant” once they turned in a valid report.
Candidates who complied on time also are listed as compliant. In New Mexico’s peculiar system, the good scouts and those who violate campaign codes all receive the same status after
they file something — even if it’s almost nothing at all.
Santa Fe County Commissioner Rudy Garcia falls into that category.
Garcia is seeking reelection in Commission District 3, so he’s no novice when it comes to campaigns. Still, Garcia told me he was ignorant of the fact that a campaign report was due in April. He didn’t file his report until May 3, missing the deadline by three weeks.
What Garcia submitted was more surprising than his admission that he didn’t know a deadline existed. Though he has two opponents in the primary, Garcia claimed he didn’t raise or spend any money on his campaign from late October to early April.
Garcia stands out among politicians for his chronic disregard of the campaign reporting regulations.
The secretary of state has fined him a total of $9,500 for being late on four consecutive reports. Toulouse Oliver waived the fines each time, including one in 2020 for $5,000.
Records on campaign contributions are supposed to be clear, correct and timely. New Mexico’s system is like looking into the smoke-filled room of a ward boss.
Why does the Secretary of State’s Office operate as a toothless supervisor of candidates’ conduct?
“Basically, our main interest is transparency, not penalizing,” Curtas said. “We prioritize voluntary compliance, and as long as candidates work with us, we’re open to waiving accrued fines.”
Any politician is instinctive enough to cooperate belatedly if it means avoiding punishment. It’s a system that enables candidates who violate the rules to be treated just as well as those who follow them to the letter.
The worst fallout for a wayward politician is getting his or her name in the newspaper.
Blown deadlines don’t cost them money. “Voluntary compliance” means the calendar is as useless as last year’s placemat. But publicity for failing to comply is a check in a system that’s imbalanced.
Tough-minded coverage of politicians always brings criticism my way. That’s all right.
They can whine, but they can’t kill the messenger.
Ringside Seat is an opinion column about people, politics and news. Contact Milan Simonich at msimonich@sfnewmexican.com or 505-986-3080.