Sen. Rawson questions legality of governor raising presidential cash during legislative session

State Sen. Leonard “Lee” Rawson, R-Las Cruces, has asked the attorney general for an opinion on whether Gov. Bill Richardson can legally raise funds for a presidential campaign while the Legislature is in session.

In a letter sent Tuesday to Attorney General Gary King, Rawson asked whether a law that prohibits the governor from soliciting contributions for a “political purpose” from Jan. 1 until 20 days after the end of the session applies to Richardson’s federal campaign. You can read Rawson’s letter by clicking here.

The same law prohibits lawmakers from soliciting funds from Jan. 1 to the end of the session and prohibits lobbyists from contributing to such campaigns during those time periods. The intent, Rawson said, is to prevent political contributions from having an effect on decisions made by lawmakers and the governor.

Richardson has been openly soliciting campaign contributions for his presidential exploratory committee since announcing on Jan. 21 that he’s running for president. Having to delay fundraising until April while better-funded candidates raise millions of dollars would be a huge blow to Richardson’s presidential campaign.

At issue is a 2003 amendment to state law that defines “political purpose” as “influencing or attempting to influence an election” and defines election as “any primary, general or statewide special election in New Mexico.”

Richardson convinced the Legislature in 2003 to move the state from a presidential primary system to a nominating caucus. The difference is that a primary election is paid for by taxpayers, while a caucus is a private meeting paid for by the party. It technically isn’t categorized as an election.

Rawson asks in the letter whether New Mexico’s shift to the caucus system may “unintentionally open a loophole” in state law that allows Richardson to raise money for a federal campaign during the session.

Richardson campaign spokesman Pahl Shipley said Rawson’s question is irrelevant because state law only applies to state elections.

“It is clear that the prohibition applies only to state elections and does not apply to candidates seeking federal office,” Shipley said. “This is an obvious and not unexpected political attack from Senator Rawson. Is it ethical for him to use his official state office and state resources to sling political mud?”

Rawson said Shipley’s argument is “pretty weak,” pointing out that the state has some jurisdiction over the regulation of federal elections in New Mexico, including, through running elections, setting polling locations and hours.

Rawson said there’s a deeper question that should be asked. It wouldn’t be a big deal if Richardson were only soliciting contributions from individuals, he said, but fundraising also involves taking contributions from people tied to corporate interests.

“Legal or illegal, is it ethical? Rawson asked. “When you have Legislation dealing with industry coming up, I really wonder. … You know it has an effect.”

It’s not unusual for the attorney general’s office to take months to respond to a request for a legal opinion. This will be the first test of King’s ability to be independent of the governor, a fellow Democrat.

Rawson, who served in the Legislature with King for many years, said he has no doubt about that.

“I think Gary will be independent of the governor,” he said. “I have a high degree of respect for him.”

A prior version of this posting did not clearly communicate Rawson’s concerns about donations from people tied to corporate interests.