The mailing in question was paid for by a state Democratic committee.

The mailing in question was paid for by a state Democratic committee.

ALBUQUERQUE — The Republican Party of New Mexico is filing a complaint with the Federal Election Commission (FEC) over a recent mailing sent out by Democrats in a Corrales-based state House district that improperly advocated the election of Barack Obama.

The mailing also advocated the election of the Democratic candidate in state House District 23, Ben Rodefer, who’s challenging Republican incumbent Rep. Eric Youngberg.

The state committee that paid for the mailing — the New Mexico Democratic Legislative Campaign Committee (NM-DLCC) — is registered with the state, and as such is not allowed to promote the election of candidates for federal office.

“Last time I checked, Barack Obama is running for president of the United States, a federally held office. The mailer clearly urges people to support Barack Obama for president, which is a violation of federal law,” Shira Rawlinson, communications director for the state Republican Party, said in a press release.

Only committees registered with the FEC are allowed to advocate for the election of candidates for Congress or president, and under much stricter fundraising restrictions. The NM-DLCC is only registered with the New Mexico Secretary of State.

Noting that state committees can raise money in unlimited amounts from a wide range of sources including corporations, Rawlinson accused the NM-DLCC of using “illegal corporate contributions to promote Barack Obama.”

State Rep. Mimi Stewart, the treasurer of the NM-DLCC, concedes that her group made a mistake.

“It was honest oversight,” Stewart, an Albuquerque Democrat, tells NMI. “And we look forward to working with the FEC to resolve the matter.”

Asked what would be a reasonable resolution, Stewart says she isn’t sure. She points out that this is “single occurrence” out of about 50 mailers sent out this election cycle.

“We’re usually very careful about this,” she adds.

The state GOP is seeking “immediate action” from the FEC. According to the formal complaint sent by the state party to the federal agency:

The New Mexico Democratic Legislative Campaign Committee (NM-DLCC) sent a mailing to voters in New Mexico on or about October 24, 2008 advocating the election of Barack Obama for President and Ben Rodefer for State Representative… Specifically, the mailer in question states, “Elect Ben Rodefer and Barack Obama.”

The complaint, dated Oct. 28 and signed by Matthew A. Kennicott, executive director of the Republican Party of New Mexico, details the specific violation:

It is unlawful to expend state or corporate funds in a federal election. By expending funds sending this mailer to voters promoting the election of Barack Obama for President, the NM-DLCC has engaged in Federal Election Activity (FEA), as defined by the Federal Election Commission. The NM-DLCC has spent non-federal funds promoting a federal candidate and is in clear violation of federal law.

Stewart estimates that the NM-DLCC has spent about $350,000 this year to help expand Democratic majorities in the Legislature. Currently, the Democratic Party enjoys a 42 to 28 majority in the state House, and a 24 to 18 majority in the state Senate.