Common Cause files complaint against Block
So, the Secretary of State finally has official cause to act; Common Cause, one of the groups that spearheaded the public-campaign finance legislation, has filed an official letter of complaint:
September 26, 2008
Hon. Mary Herrera
Secretary of State
325 Don Gaspar, Suite 300
Santa Fe, NM 87503Re: Apparent Violations of Voter Action Act
Dear Madame Secretary:
I am writing on behalf of Common Cause of New Mexico to urge you to take vigorous action with respect to the violations of the Voter Action Act (§§1-19A-1 et seq, NMSA 1978) that have apparently been committed by Jerome Block Jr., the democratic candidate for public regulation commissioner in PRC District 3. If the press accounts are accurate, Mr. Block has admitted to violations of both section 1-19A-9(D), which requires timely truthful reporting of expenditures of public funds, and section 1-19A-7(D), which requires that public funds not used for legitimate campaign expenses be refunded to your office at the conclusion of the primary.
Under the Act, your office has a clear duty to investigate and take action with respect to these apparent violations. Contrary to certain statements made to the press, the Act contains no provision for complaints by private parties in these types of cases. Instead, as the Attorney General’s office has correctly observed, the Act squarely places responsibility on your office to investigate and “make a determination” whether a violation has occurred, and, if such a determination is made, to take specific action against the violator, consisting of either the imposition of a substantial fine or a reference to the Attorney General for felony prosecution. §1-19A-17 NMSA 1978. In either case, a certified candidate who is found by you to have violated the Act is required to refund to your office all public funds that he or she has previously received. Id.
Common Cause has a strong interest in this matter because it was instrumental in securing passage of the Voter Action Act and has long been a dedicated supporter of public financing of political campaigns at both the state and national levels. Conduct by candidates of the kind that has apparently occurred in this case can tarnish public confidence in an effective system that prevents powerful interests from unfairly influencing the policy-making process. Violations of public funding laws in other states have been both infrequent and vigorously prosecuted. Common Cause therefore firmly believes that all allegations of such conduct must be promptly and thoroughly investigated, and that, when violations of the law are found to have occurred, they should be severely punished. Since the responsibility for such action falls on your office under the clear terms of the law, we urge you to do your duty in this regard without delay.
Thank you for your attention. We have also sent this message via fax.
Yours truly,
Steven Robert Allen Jim Harrington
Executive Director SGC Member/PRC District 3
Common Cause New Mexico Common Cause New Mexico
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