Legislators’ lawsuit is baseless, defendants say

Robinson says insiders who decided to ‘snitch’ helped reveal conspiracy that led to lawmakers’ defeat

By Heath Haussamen

A lawsuit alleging an illegal conspiracy to defeat three incumbent lawmakers in the June primary is baseless, several people and groups named as defendants say, but one of the lawmakers says insiders who decided to “snitch” will help prove the allegations.

Sens. Shannon Robinson and James Taylor and Rep. Dan Silva claim in their lawsuit that several nonprofits and the three challengers who defeated the Albuquerque Democrats in the June primary conspired to illegally hide the spending of at least $180,000 on a secret campaign against them. The defeated lawmakers allege in the lawsuit that the money was funneled through the Center for Civic Policy and the League of Young Voters — which no longer exists in New Mexico — to at least six other nonprofits.

The lawsuit alleges that the Center for Civic Policy received approximately $1.5 million from liberal activist George Soros and other groups and individuals for the purpose of electing the three challengers “and others.”

“That is a completely false allegation. I have no idea where that comes from,” said Matt Brix, the center’s policy director. He added that the center has never taken any money from Soros or his Open Society Institute.

“There are so many completely outlandish allegations that we don’t even know where to begin. Everything in the lawsuit is categorically untrue,” Brix said.

You can read the lawsuit by clicking here. (Page 12 is missing from that electronic version of the lawsuit, but you can find it here.)

Robinson said in an interview that “some insiders” provided the defeated lawmakers with information about the conspiracy, but he did not name the insiders.

“There has been extreme secrecy by their organizations, and at the same time, any time you have a conspiracy going on, people are going to snitch,” Robinson said.

Robinson, Taylor and Silva claim in the lawsuit that they would have won the primary races if the alleged illegal campaign against them had not been carried out. They want the court to void their defeats.

Eric Griego defeated Taylor by 24 percentage points, Tim Keller defeated Robinson by 32 points and Eleanor Chavez defeated Silva by eight points. Unless the court rules otherwise, the incumbents will leave office at the end of the year.

The three defeated lawmakers are currently representing themselves in the case. Robinson is an attorney, and said he expects Taylor and Silva to hire attorneys to represent themselves.

‘I need to know what happened’

The lawsuit names several nonprofits and people tied to those nonprofits as defendants, and makes allegations against other nonprofits it doesn’t name as defendants. Some of the groups endorsed the defeated lawmakers’ challengers in the primary. Others, including the Center for Civic Policy, engaged in what they call a “Legislative Accountability Project” that used mailers, radio ads and phone calls to highlight lawmakers’ voting records two to three months before the primary.

The groups say the accountability project was related to the coming special session, not the election. You can view one of the mailers attacking Robinson by clicking here.

Robinson said some groups the lawsuit names as part of the conspiracy aren’t listed as defendants, including ACORN and the Sierra Club, because they are based in other states. He said he “just can’t sue them and end up in federal court.”

The lawsuit claims that New Mexico Youth Organized, which is part of the Center for Civic Policy, received at least $95,000 for the alleged illegal campaign; SouthWest Organizing Project and ACORN each received at least $80,000; and Conservation Voters of New Mexico received at least $60,000.

Asked for evidence to back up those figures, Robinson cited the “insiders” and said the numbers can be derived from estimating the cost of the mailers the groups sent out. Asked for evidence of a conspiracy, Silva said campaign literature sent by his opponent and the nonprofits was similar.

“That would be impossible to do unless it’s coordinated,” he said.

Silva said he simply wants the nonprofits to disclose where they received funding for their flyers and other materials, which he called “nasty.”

“My biggest problem with this whole thing — no one likes to lose. I did lose. My opponent got more votes. But I don’t want my constituents — they’re still my constituents until the end of the year — to ever have to go through this kind of election,” Silva said. “… I need to know what happened.”

Taylor could not be immediately reached for comment.

‘The voters spoke clearly’

Neri Holguin, who ran the primary campaigns of Griego and Keller, isn’t named as a defendant in the lawsuit but is listed as one of the primary conspirators. She said in an interview that the lawsuit is full of inaccuracies: It claims she managed Chavez’s campaign and is treasurer of Conservation Voters, but Holguin said neither is accurate. She was a Conservation Voters board member and treasurer of the group’s Albuquerque political action committee until October 2007, when she resigned.

“Robinson’s fundamental inaccuracies — claiming I managed races I know nothing about or claiming I served in a official capacity with groups I don’t belong to — speak to the baseless merit of the entire case. He can’t get the facts straight,” Holguin said. “The real facts are evident: Robinson was resoundingly defeated, as was James Taylor, in the primary election. The voters spoke clearly. These candidates need to accept the will of the voters — and move on.”

Holguin also released statements from Keller and Griego. Keller said the lawsuit is baseless and his campaign “followed the rules and spirit of campaign finance.” He said he expects the case will be dismissed.

Griego said he is confident the court will not overturn “the will of the majority of voters.”

“I look forward to representing District 14 in Santa Fe as state senator,” Griego said.

Robinson said he’s confident in the lawsuit.

“We’re going to do real well. All you have to do is follow the money,” he said, adding that the situation is “like playing cards when the other side has a marked deck. Eric Griego says he knocked on 1,000 doors. Good for him. Then why did he have to cheat?”

Brix said it’s unfortunate that the defeated lawmakers have resorted to “attacking the messengers” instead of addressing the policy issues revealed by the Legislative Accountability Campaign.

“We believe our role as nonprofits is to continue to hold public officials accountable. We have a responsibility to inform the public, to hold legislators accountable, and we have a long history of doing so,” he said.

Update, 8:15 p.m.

Sandy Buffett, who runs Conservation Voters, sent this statement by e-mail:

“Conservation Voters conducted all of our 2008 primary voter contact through our long-standing N.M. political action committee — the CVNM Action Fund– and reported all expenditures/donations in compliance with the N.M. Secretary of State in a timely and electronically filed format,” she wrote.

By way of disclosure, I also write for the New Mexico Independent, which is owned by the Center for Independent Media in Washington. When the group was starting up its New Mexico news site earlier this year, the Center for Civic Policy helped it locate funding sources. The Center for Civic Policy has never tried to use that fact to influence anything I have written.

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