Republican Party v. King

850 F. Supp. 2d 1206, 2012 WL 219422, 2012 U.S. Dist. LEXIS 7225
CourtDistrict Court, D. New Mexico
DecidedJanuary 5, 2012
DocketNo. 11-CV-900 WJ/KBM
StatusPublished
Cited by8 cases

This text of 850 F. Supp. 2d 1206 (Republican Party v. King) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Republican Party v. King, 850 F. Supp. 2d 1206, 2012 WL 219422, 2012 U.S. Dist. LEXIS 7225 (D.N.M. 2012).

Opinion

MEMORANDUM OPINION AND ORDER GRANTING IN PART PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

WILLIAM P. JOHNSON, District Judge.

THIS MATTER comes before the Court on Plaintiffs’ Motion for Preliminary Injunction (doc. 9) filed October 12, 2011. Plaintiffs seek a preliminary injunction against enforcement of certain provisions of the New Mexico Campaign Reporting Act (the “Act”) codified at N.M. Stat. § 1-19-25 et seq. (1978). Having considered the parties’ written and oral arguments and the applicable law, the Court GRANTS Plaintiffs’ motion in part, and hereby issues this Preliminary Injunction.

BACKGROUND

I. The New Mexico Campaign Reporting Act.

The Act was passed in 2009. There are three provisions of the Act which are at issue in this litigation. First, the Act prohibits persons1 from making contributions greater than $5,000 to political committees,2 including political parties (N.M.Stat. § 1-19-34.7(A)(1)); second, it prohibits political committees from making contributions greater than $5,000 to other political committees or candidates (id at 34.7(A)(2)); and finally it prohibits both persons and political committees from soliciting or accepting contributions greater than $5,000 (id at 34(C)).

II. The Parties.

The Plaintiffs are:

• Plaintiff Republican Party of New Mexico (“NM-GOP”), is registered with the Secretary of State as a political party headquartered in Albuquerque, Bernalillo County, New Mexico;
• Plaintiff Republican Party of Dona Ana County and the Republican Party of Bernalillo County (“Local Parties”), political parties independent of NM-GOP or any other party;
• Plaintiff New Mexicans for Economic Recovery Political Action Committee [1209]*1209(“NMER PAC”), a political committee registered with the Secretary of State and headquartered in Albuquerque, Bernalillo County, New Mexico, which was established solely for the purpose of making independent expenditures;
• Plaintiff New Mexico Turn Around (“NMTA”), is registered with the Secretary of State as a political committee headquartered in Albuquerque, Bernalillo County, New Mexico, which engages in both coordinated and independent expenditures, earmarking donations for one or the other and segregating the funds;
• Plaintiff Harvey Yates is an individual who resides in Albuquerque, Bernalillo County, New Mexico.
• Plaintiff Rod Adair is an individual who resides in Roswell, Chaves County, New Mexico.
• Plaintiff Conrad James is an individual who resides in Albuquerque, Bernalillo County, New Mexico.
• Plaintiff Howard James Bohlander is an individual who resides in Santa Fe, Santa Fe County, New Mexico.
• Plaintiff Mark Veteto is an individual who resides in Hobbs, Lea County, New Mexico.

The Defendants are:

• New Mexico Attorney General, Defendant Gary King, who has enforcement power granted by the Act to “institute a civil action in district court,” assess fines, and institute criminal prosecutions for violations of the Act. N.M. Stat. §§ 1-19-34.6(A)-(C).
• New Mexico Secretary of State, Defendant Dianna Duran, who has enforcement power granted by the Act to “adopt and promulgate rules and regulations” in order “to implement the provisions of the [Act];” “initiate investigations to determine whether any provision of the [Act] has been violated,” and to “conduct[ ] a thorough examination ... of reports filed” in order “to determine compliance with the provisions of the [Act.]” Id. at §§ 1-19-26.2, -32.1, -34.4.
• Defendant District Attorneys, Kari Brandenburg, Janetta Hicks, Amy Orlando, and Angela R. Pacheco, have enforcement power granted by the Act to “institute a civil action in district court” and assess fines for violations of the Act. Id. at § 1-19-34.6(B)-(C). These Defendants also have authority to institute criminal prosecutions for violations of the Act. Id. at § 1 — 19— 36(A).

Two of the six Defendants in the case, Secretary of State Dianna Duran and Third Judicial District Attorney Amy Orlando, have stipulated to the preliminary injunction, conceding that Plaintiffs have satisfied their burden and shown entitlement to the requested relief. (Doc. 20.) The other four Defendants contest the issuance of a preliminary injunction.3

Plaintiffs seek a preliminary injunction against enforcement of the Act. They desire to engage in various activities prohibited by the aforementioned provisions of the Act, which fall — for purposes of the present analysis — into three categories: making and accepting contributions to be used (1) in state campaigns, (2) for independent expenditures, and (3) in federal campaigns.

A. State Campaigns

• Plaintiff Harvey Yates, Jr., an individual, desires to make a contribution to [1210]*1210NM-GOP exceeding $5,000, and NM-GOP desires to solicit and accept that contribution.
• NM-GOP desires to make contributions greater than $5,000 to Plaintiffs Republican Party of Dona Ana County and the Republican Party of Bernalillo County (the “Local Parties”), and the Local Parties desire to solicit and accept those contributions.
• NM-GOP desires to make contributions greater than $5,000 to Plaintiffs Rod Adair and Conrad James, who are candidates for state office in the 2012 elections.

B. Independent Expenditures

• Plaintiff NMER PAC desires to solicit and accept contributions greater than $5,000 to be used for independent expenditures, and Plaintiff Mark Veteto desires to make such a contribution.
• Plaintiff NMTA desires to solicit and accept contributions of more than $5,000 to be used for independent expenditures, and Plaintiff Howard Bohlander desires to make such a contribution, to be designated for use in independent expenditures and kept segregated from any funds used for coordinated expenditures or contributed to candidates.

C. Federal Campaigns

• Plaintiff NM-GOP desires to solicit and accept funds greater than $5,000 from the Republican National Committee (“RNC”) and other individuals, entities, and political committees, which funds it would use to support candidates for election to federal office.

ANALYSIS

I. Standing.

Article III of the United States Constitution restricts the judicial power to adjudicating “cases” and “controversies.” U.S. Const, art. Ill, § 2. Therefore, a plaintiff must demonstrate that it possesses proper standing by showing that:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
850 F. Supp. 2d 1206, 2012 WL 219422, 2012 U.S. Dist. LEXIS 7225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/republican-party-v-king-nmd-2012.