AG says Richardson’s presidential fundraising is OK

New Mexico Attorney General Gary King issued a formal opinion today stating that Gov. Bill Richardson’s fundraising for a White House run during the legislative session does not violate state law.

King made the announcement in a four-page letter issued this afternoon, which you can read by clicking here. State law is superseded by federal law in this instance, King’s office found, based on a prior federal court ruling to that effect and the wording of state and federal campaign laws.

King issued the opinion within days of a request from Sen. Leonard Lee Rawson, R-Las Cruces, who asked in a Jan. 30 letter whether a state law that prohibits the governor and lawmakers from raising money during legislative sessions applies to federal campaigns.

Richardson has been raising money since announcing on Jan. 21 that he is running for president. Richardson’s campaign responded last week to Rawson’s request by saying that the state law doesn’t apply to federal races.

“I recognized the importance of this question as soon as it was raised and the reasons why a prompt response was needed,” King said in a news release. “Based on our office’s thorough legal research and analysis, we conclude that the governor’s fundraising activities for the presidency are subject to preemption and regulated entirely by federal law and do not contravene the state ban on fundraising during the prohibited period.”

The opinion, written by Assistant Attorney General Zachary Shandler, states that the federal Court of Appeals has already ruled on the 1996 case of a Georgia state assemblyman who was considering running for United States representative. The court found that a Georgia law prohibiting fundraising during a state legislative session did not apply to federal races because the Federal Election Campaign Act states that it supersedes state law.

In addition, King’s opinion states, the New Mexico Campaign Reporting Act states that it “does not apply to any candidate subject to the provisions of the federal law pertaining to campaign practices and finance.”

The attorney general’s office found that the same question was raised in the case of former state Sen. Richard Romero when he was a candidate for U.S. representative in 2003. At that time, the secretary of state’s office concluded that Romero could raise funds for his federal race during the legislative session.

King cautioned in his letter that, though Richardson can raise money during the election, he and future candidates for federal office can’t make promises of official acts in exchange for money. They’re not exempt from the state’s Governmental Conduct Act.

“I also believe it is appropriate to caution all interested persons that federal campaign fundraising must not be linked in any way to state legislative matters or that will run afoul of existing state laws,” King said in the release.

I couldn’t immediately reach Richardson’s campaign or Rawson for comment.

Update, 5:20 p.m.

“The ruling is clear and speaks for itself,” Richardson campaign spokesman Pahl Shipley said.

Update, 6 p.m.

Rawson pointed out that, because the opinion states that federal fundraising is still subject to the state’s Governmental Conduct Act, it’s illegal for lobbyists to offer Richardson cash in exchange for an official act, and it’s also illegal for Richardson to accept cash that comes with such strings attached.

“What you’re left with is ethics,” he said. “The question of if it’s legal or illegal is going to depend on what the motives are.”

Rawson said that’s hard to determine, and it’s “essential to be above reproach.”

“Almost all political contributions are given with the intent to – you know, they’re not pure,” Rawson said.

He thanked King for the timely response to his request.

“I appreciate that the attorney general was very prompt and thorough,” Rawson said. “I think they did a very credible job, and I respect their decision.”