Santa Fe New Mexican, Aug. 5, 2014

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LOCAL & REGION

THE NEW MEXICAN Tuesday, August 5, 2014

King files lawsuit with state tribution limits. The law went into effect after the 2010 general election. Previously, candidates could accept unlimited amounts from donors. King’s lawyer, Kate Ferlic, told a reporter that King didn’t file the suit over the $10,900. “It’s By Steve Terrell the principle of the thing,” she The New Mexican said. “It’s to expose the collusion between the secretary of Democratic gubernatorial state and the governor.” candidate Gary King on MonDuran, through a spokesman’s day asked the state Supreme Court court to resolve a dispute written response, said that she “rejects the ‘creative’ argument with Secretary of State Dianna that Gary King is now submitDuran over whether his campaign accepted excessive contri- ting to the Supreme Court, concerning his acceptance of excess butions after the June primary campaign contributions in vioelection. lation of the limits imposed by At a news conference Monthe Legislature in 2009. day, King, who is state attorney “Candidates have observed general, said, “One of my real these limits since they were complaints in this is the secreimposed,” Duran said. “Legislatary of state is using her office tors, gubernatorial candidates, to try and steal the election for Gov. [Susana] Martinez.” Marti- candidates for state and local nez, like Duran, is a Republican. office throughout New Mexico have complied with the law.” He said Duran had singled him Duran said it’s “improper for out over the contribution issue a candidate from either party to potentially damage his camto make an overt appeal to the paign and benefit Martinez. court system, presenting a perDuran contends that King sonal reporting violation as if it improperly accepted $10,400 were a partisan political issue, from a Taos couple and $500 inviting the court to resolve a too much from a Santa Fe campaign violation in a partisan retiree after the primary. Last week, she instructed him to give manner.” A spokesman for the Martinez $10,900 in contributions to the campaign, Chris Sanchez, said, state’s public election fund. “Every candidate in the state has Duran maintains that a canbeen playing by the same set didate can’t accept contribuof rules for three years, and it’s tions for the primary after the unfortunate, but not surprising, election occurred. King argues that Gary King is now desperthe contributions were legal ately trying to use the courts because they are to help retire his primary election debt. King for partisan purposes to rewrite those rules in the last quarter to loaned about $535,000 to his campaign. save his failing campaign.” Under state campaign finance In his lawsuit, King referred laws, individuals and political to a “Guide to Campaign action committees can donate Finance and Campaign Reportup to $5,200 per primary elecing” on the Secretary of State’s tion and another $5,200 per website that says that an general election to a candidate “undesignated, excessive contrifor statewide office. This is the bution made after the primary, first governor’s election in New but before the general election, Mexico in which there are con- may be applied by presumption

Gubernatorial candidate asks N.M. court to resolve contributions dispute

Monday has TECH

to the primary if the campaign committee has more net debts outstanding from the primary than the excessive portion of the contribution.” But in her statement, Duran argued, “The proposed rule cited by the attorney general was posted for public comment and remains posted for public comment. The website states in bold ‘Notice of Proposed Rulemaking Changes.’ And the site clearly notifies readers that these are ‘proposed’ rules by using the term ‘proposed’ nine different times. This particular rule has not been adopted because no consensus could be developed concerning its compatibility with state statute.” Duran said King’s office was asked for comment on the rule, but it did not make any. King said if Duran’s interpretation of the law is accurate, candidates would be allowed to accept no more than $5,200 from a donor through the primary and after that date could accept $5,200 for the general election. His lawsuit documents nearly 40 instances before the primary in which Martinez received contributions from contributors totalling more than the legal limit. King said Martinez should be forced to give up that money if he has to give up his disputed $10,900. Other candidates, including Democratic attorney general candidate Hector Balderas, also received contributions from people who gave more than $5,200 before the primary. Neither Martinez nor Balderas had primary opposition. The court took no immediate action on King’s lawsuit. The justices could reject the case or schedule a hearing and ask for a response from the secretary of state. The Associated Press contributed to this report.

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