Comments on: Member-to-member mail is an unavoidable loophole in Albuquerque’s public financing system

By: z75

z75 — Sat, 03 Oct 2009 02:11:13 +0000

You are correct about this. One of the requirements under First Amendment jurisprudence for regulating an entity as a political committee, or (in Albuquerque's case) as an MFC, is that it must either: (1) be under the control of a political party or candidate; or (2) have campaign activity as its “major purpose”

By: z75

z75 — Sat, 03 Oct 2009 02:05:02 +0000

How “long-standing?” The U.S. Supreme Court settled the issue about 60 years ago. This is why the City Attorney won't enforce any alleged requirement for membership organizations to register with the government before spending their members' own money to speak with them. Besides, they know if they try to enforce it, the entire “matching fund” system for Albuquerque elections will be held unconsitutional, just as the Federal millionaire's amendment recently was in Davis v. FEC.

By: marjorie

marjorie — Sat, 03 Oct 2009 01:52:33 +0000

Each candidate was given $1 per registered voter, which was $328,000. They are each also allowed an additional 10 percent of that from in-kind contributions. So, in total, a candidate can receive $32,800 in-kind. Each separate in-kind donation can not be more than 5 percent of the salary of the office sought. For the mayor, that would be a little over $5,000, I believe.

You can see that rule here: http://www.cabq.gov/clerk/documents/2009_public...

You can see the process for complaints in this document: http://www.cabq.gov/clerk/documents/2009_ethics...

By: freespeech22

freespeech22 — Sat, 03 Oct 2009 01:19:19 +0000

How “long-standing” is the interpretation? This is the first mayoral campaign under the new law.
Ask Bob White how much “cash” an individual can give to a campaign? He'll say it's limited. That would mean that Ferguson blew the limit.

By: commando73

commando73 — Sat, 03 Oct 2009 01:19:01 +0000

I don't believe the word “individual” appears in the MFC definition. It uses the word “person” which defined later in the definitions to include individuals and businesses.

By: marjorie

marjorie — Sat, 03 Oct 2009 01:10:58 +0000

Actually, I have followed up with him. If you give a direct contribution to a campaign, like Will Ferguson did to the Chavez campaign, you do not have to register as an MFC. Ferguson's contribution was in-kind, which is considered the same as cash under the rules. Apparently this is a long-standing interpretation of the code by Albuquerque officials. I think the distinction is the difference between “to aid” versus to give out right to a campaign. But if everyone who gave more than $250 to a candidate had to register as an MFC, the city would have literally 100s if not 1000s of MFC's registered, including a number of people who show up as donors this year on various campaigns records.

All I know is that this is an interpretation that predates this election cycle.

By: marjorie

marjorie — Sat, 03 Oct 2009 01:05:39 +0000

I asked about political party's and apparently they've been considered differently under federal case law. But the member to member criteria doesn't apply for them.

By: Crunchy_45

Crunchy_45 — Sat, 03 Oct 2009 01:04:44 +0000

No one is saying that unions or the NRA cant mail. That is not the issue. But under the city charter, the other candidates have to be matched. Why even have the law, if no one is going to follow it and the yellow-bellied clerk and city attorney don't have the nerve to enforce it.

Cowards.

By: freespeech22

freespeech22 — Sat, 03 Oct 2009 00:38:05 +0000

The first amendment issue is a smokescreen. Nothing prohibits the NRA, or anyone else, from spending and saying whatever they want. But under the current law, “participating” candidates are supposed to be matched.

By: freespeech22

freespeech22 — Sat, 03 Oct 2009 00:35:47 +0000

This is not the way the public financing system works in Arizona. Bob White is a shill for the mayor and should not be considered an impartial official.

You still never followed up with him as to where the distinction between a business and individual is printed in the definition of a measure finance committee.