Denish, Arnold-Jones accepting cash during session

Law that bars legislators, governor from soliciting during and around sessions doesn’t prohibit accepting donations

“We’re not currently accepting campaign contributions,” Democratic gubernatorial candidate Diane Denish’s Web site states.

That’s apparently a reference only to the fact that the campaign isn’t accepting contributions through its Web site. The campaign has taken its online donation system down as part of its efforts to voluntarily comply with a state law that prohibits lawmakers and the governor – but apparently not the lieutenant governor – from soliciting campaign contributions during and around the legislative session that begins Tuesday.

But Denish is still accepting contributions if they’re sent unsolicited, spokesman Chris Cervini said.

“Lt. Gov. Denish and her campaign voluntarily do not solicit campaign contributions during the legislative session,” he said. “That means that until the bill-signing period is over, there are no fundraising calls, no fundraising events, and the campaign even blocked the ability to accept contributions from its Web site during this period.”

“However, if a supporter sends the campaign an unsolicited contribution, it’s not mailed back,” Cervini said. “The campaign voluntarily holds itself to the same law directed towards the governor and members of the Legislature.”

State law prohibits legislators and the governor from soliciting contributions from Jan. 1 – or in the case of special sessions, when the proclamation of the session has been issued – until the end of the session for lawmakers and 20 days after the session for the governor. The latter accounts for the time in which the governor has to act on legislation.

The law doesn’t prohibit the governor and lawmakers from accepting contributions during the periods in which it’s illegal to solicit. In fact, Republican gubernatorial candidate Janice Arnold-Jones – a state representative – has accepted a number of contributions during the current period in which solicitation is illegal.

Those contributions are revealed on Arnold-Jones’ Web site, which includes a real-time list of campaign contributions.

“If someone should happen to be so moved after hearing the representative speak and they choose to open up their checkbook, of course we’ll accept it, but we are not soliciting because the law expressly prohibits it,” Arnold-Jones Campaign Manager Steve Kush said.

Richardson, Johnson did it too

That’s nothing new. A quick check of contributions on the money-in-state-politics Web site FollowTheMoney.org reveals that the last two governors – Democrat Bill Richardson and Republican Gary Johnson – accepted campaign contributions during periods in which solicitation was illegal.

For example, Richardson accepted $25,000 from Sempra Energy of San Diego on Jan. 14, 2004. He also accepted $50,000 from Sonny Otero of Santa Fe on March 3, 2006 – which was after that session ended but during the bill-signing period.

Johnson accepted $2,000 from contractor Gerald Martin of Albuquerque on Jan. 19, 1998.

Arnold-Jones, according to her Web site, has accepted 19 contributions since Jan. 1. Most are for small amounts, and together they add up to $2,720.

Denish isn’t releasing real-time information about contributors, so whether she’s accepted contributions during the current reporting period isn’t known, but a check of FollowTheMoney.org reveals that she has accepted a number of contributions over the years during periods in which it’s illegal for governors and legislators to solicit.

Some examples:

• On the last day of a special session in 2005 – Oct. 12 – Denish accepted $10,000 from BGK Property Management of Santa Fe.

• On Jan. 20, 2006, while the Legislature was in session, Denish accepted $5,000 from Garrett Thornburg of Santa Fe.

• Twelve days after the 2006 session ended – on Feb. 28 – Denish accepted $5,000 from Brian Egolf of Santa Fe, who is now a state representative.

• While the Legislature was in session in 2007, Denish accepted $25,000 from Public Service Company of New Mexico on Jan. 29.

• Eighteen days after the regular session ended in 2009, Denish accepted $5,000 from High Desert Investment Corp. of Rio Rancho on April 10.

Weh, Turner, Martinez are soliciting money

Denish has been loudly touting the fact that she’s complying with the law that applies to the governor and lawmakers.

“When the legislature is in session, I believe our focus must be solely on the issues important to New Mexico families, not campaign fundraising,” Denish said last month. “That’s why I go beyond what the law requires and have consistently chosen not to solicit contributions during legislative session.”

“The fact that this is an election year changes nothing – the people’s business always comes first,” Denish said at the time.

Aside from Arnold-Jones, the other three Republican gubernatorial candidates – Allen Weh, Doug Turner and Susana Martinez – are continuing to solicit campaign contributions during the period in which solicitation is illegal for the governor and lawmakers. Denish has said repeatedly that it’s important to lead by example, and Cervini pointed out that those three Republicans are continuing to solicit contributions while Denish and Arnold-Jones are not.

Turner has said he’s a candidate, not an elected official, and has no influence over legislation. Therefore, he said, there’s no reason for him to stop soliciting campaign funds during the session. But he pointed out that Denish casts tie-breaking votes in the Senate, so he believes she should not solicit contributions during and around legislative sessions.

Turner also said he believes the law should be amended so that the prohibited solicitation period applies to other elected officials – such as mayors and district attorneys – who lobby the Legislature.

Arnold-Jones has called for a change in state law so that the prohibition on soliciting funds applies to all gubernatorial and legislative candidates.