Secretary of State Dianna Duran
PRC candidate Cynthia Hall was instructed to return to court today if Duran doesn’t release cash; the status of other candidates’ funding isn’t clear.
A district judge in Santa Fe has ordered Secretary of State Dianna Duran to release cash to at least one publicly funded candidate who is due matching funds under state law.
Judge Barbara Vigil issued the order during a hearing on Thursday directing Duran to release $61,066 to Democrat Cynthia Hall, who is seeking the District 1 seat on the Public Regulation Commission. Hall is due the money under state law because privately financed opponent Al Park has raised almost $139,000.
Whether the secretary of state will comply with the order isn’t immediately clear. Hall said in a news release that Vigil directed her to return to court Friday and seek a new order if Duran didn’t.
If Duran does comply, it’s not clear whether she’ll also issue matching funds to other candidates who are due cash under state law. Vigil didn’t allow other candidates to intervene in Hall’s lawsuit today and the order only applies to Hall.
As NMPolitics.net reported Thursday, a recent U.S. Supreme Court ruling struck down a similar matching-funds law in Arizona in 2011. Duran’s decision to withhold the funds came early this week and followed two federal court hearings in a lawsuit filed by the Bernalillo County GOP and others challenging the constitutionality of New Mexico’s matching funds provision.
A judge denied a request from the plaintiffs – and Park, who filed a motion to intervene in the lawsuit last week – to issue a temporary restraining order requiring Duran to withhold the funds.
Duran decided to withhold the funds anyway, saying the attorney general advised that the New Mexico law was probably unconstitutional but Duran should issue the matching funds anyway unless a court ordered otherwise.
Duran rejected that advice, saying she is “faced with two conflicting legal directives” – a state law requiring the disbursement of funds and a U.S. Supreme Court ruling that says such disbursements would violate the constitutional rights of non-publicly financed candidates and their donors.
Democrat Karen Montoya, who is running against Hall and Park, is also due $61,066 under the existing state law. In the Democratic Court of Appeals primary, Victor S. Lopez is due $21,727 because opponent M. Monica Zamora has raised $107,475. And in the PRC District 3 primary, Danny Maki’s raising of almost $42,000 means his three Democratic primary opponents – Valerie Espinoza, Brad Gallegos and Virginia Vigil – are each due $1,730.90.
In a statement, Lopez’s campaign manager, Cheryl Harris, applauded Vigil’s ruling.
“Judge Lopez has worked hard to qualify for public financing, believes in public financing, and believes the state has an obligation to follow the law,” Harris said. “Judge Lopez hopes to become the first statewide candidate to be elected using public finance under the Voter Action Act.”