Leftist columnist rips Toulouse Oliver over thwarting referendum effort

Keep those signatures coming.

I called her office to complain, but no answer. We must never stop resisting this tyranny. Her and people like her are tyrants and even if you don’t agree with the Referendum, it’s plain to see the skullduggery here. Thank you Mr. Rubel for a well written and truthful commentary.

MEMORANDUM OF NEW MEXICO BONDING LAWS
Every State Officer must purchase a faithful performance (surety) bond to perfect his/her oath of office that he/she will uphold both, state and federal constitutions. If he/she does not have a personal bond, he/she is only a de facto employee of the state wanting in de jure authority to perform the duties of office. 
Given documented research and We the People’s knowledge, the only people in the State of New Mexico who have purchased a personal bond are Public Notaries and a few Sheriffs. Why don’t elected and appointed officers holding the public trust have a public performance bond as required by law? The answer is in the next question, “Since both constitutions are so regularly violated by public pretenders, what insurance company is going to risk their assets to insure an individual elected to office? It would be business suicide! Nevertheless, the fact that public officers are not bonded can be used as evidence that they are acting under color of office if you know how to challenge punitive writs.

MEMORANDUM
Pertinent Constitutional Provisions and Other Considerations Regarding Faithful Performance Bonds as Condition Precedent Before Exercising Duties of Office
Article VI, Clause 3, Constitution for the United States of America
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. (Emphasis added).
The phrase “shall be bound by oath” is taken to mean exactly as it meant in Sections 4 and 5, The Coinage Act of 1792; to wit:
Section 4. And be it further enacted, That every officer and clerk of said mint shall, before he enters upon the execution of his office, take an oath or affirmation before some judge of the United States faithfully and diligently to perform the duties thereof.
Section 5. And be it further enacted, That the said assayer, chief coiner and treasurer, previously to entering upon the execution of their respective offices, shall become bound to the United States of America, with one or more sureties to the satisfaction of the Secretary of the Treasury, in the sum of ten thousand dollars, with conditions for the faithful and diligent performance of duties of his office.
Note: This provision of the Constitution for the United States of America is binding on all state public officers for which they must maintain records and do so for public scrutiny.
An oath of office is a promise made to the People generating the office – by a constitution – and the oath is given in exchange for the public trust. The Faithful Performance Bond is given as the oath taker’s consideration for the public trust received upon taking the oath which binds him to the promises contained in the oath.

Article XX, Section 1, Constitution for the State of New Mexico
Every person elected or appointed to any office shall, before entering upon his duties, take and subscribe to an oath or affirmation that he will support the constitution of the United States and the constitution and laws of this state, and that he will faithfully and impartially discharge the duties of his office to the best of his ability.
Effect of failure to take oath. — Mere appointment or election of an official, without his qualification, will not oust incumbent from office; to do so he must take an oath and give bond where required. Bowman Bank & Trust Co. v. First Nat’l  Bank, 18 N.M. 589, 139 P. 148 (1914).
Article XXII, Section 19. [First state officers] New Mexico Constitution
Within thirty days after the issuance by the President of the United States of his proclamation….all officers…shall take the oath of office and give bond as required by this constitution or by the laws of the territory of New Mexico….” (emphasis added)
If a question arises about the enforceability of Territorial bonding law, this case in point answers the question; On January 17, 1924, the New Mexico Supreme Court held the requirement of bond prior to discharging the duties of office claimed in a case entitled Board of Comm’rs v. District Court of Fourth Judicial Dist., 29 N.M. 244, 223 P. 516 (S. Ct. 1924) And under Section 4, Chapter 76, Session Laws of 1923, constitutes the County Commissioners of every county a Board of County Finance, and section 8 of the act makes it the duty of the Boards and the District Judge of the Fourth Judicial District to approve the bond of the County Treasurers.
Note. The word stated is “the bond”, singular and not a blanket bond.
New Mexico law requires an oath not perjured:
Article XXI. Compact with the United States
Section 9. [Consent to Enabling Act]
This state and its People consent to all and singular the provisions of the said act…”
Section 10 [Compact irrevocable.]
This ordinance is irrevocable without the consent of the United States and the People of thisstate, and no change or abrogation of this ordinance, in whole or in part, shall be made by any constitutional amendment without the consent of the Congress.   (emphasis added)
Cross references. For amendment of compact with United States, see New Mexico Constitution, Article XIX, section 4. State consent to change requires constitutional amendment. Congress in 1920 consented to change in regard to use of proceeds of land granted state, but state itself must adopt constitutional amendment whereby this consent can be carried into effect. (emphasis added) Bryant v. Board of Loan Comm’rs, 28 N.M. 319, 211 P. 597 (1922). See N.M. Const., Article XIX, section 4.
[Note: A referendum vote would be required to change the law.]
The State Legislature began to re-codify and re-re-codify (perhaps to cause us to lose track of the original laws) and eventually the current laws are codified as 10-2-1 through 12, New Mexico Statutes Annotated (NMSA) 1978. It appears the state legislature passed the Surety Bond Act for the purpose of negating the Territorial Laws mandating Faithful Performance Bonds of all elected and appointed public officers prior to discharging the duties of office claimed. The said legislative act is in direct violation the Constitutional requirement first having permission of Congress and the necessary affirmative Referendum vote by the People of New Mexico. To wit.
Article XIX, Sec. 4. [Amendment of compact with United States.]
When the United States shall consent thereto, the legislature, by a majority vote of the members in each house, may submit to the people the question of amending any provision of Article XXI of this constitution on compact with the United States to the extent allowed by the act of Congress permitting the same, and if a majority of the qualified electors who vote upon any such amendment shall vote in favor thereof the said article shall be thereby amended accordingly. (As amended November 7, 1911.) (emphasis added)
Cross references. — As to consent of congress necessary to amendment of compact, see New Mexico Constitution, Article XXI, section 10.
1911 amendment. – As originally adopted, this section read as does the present text, but it was included in the required amendment of this article which was proposed by Congress and incorporated in the congressional resolution of August 21, 1911 (37 Stat. 39), providing for admission of New Mexico as a state, which stipulated that adoption of the amendment should be a prerequisite to admission. It was adopted by the people at the first election of the state officers on November 7, 1911, by a vote of 34,897 for and 22,831 against.
Perfecting a claim to office requires the following acts:
1. No state public officer could discharge assigned duties without first being bonded with an insurance company of their selection which was qualified and authorized to conduct business for that purpose within the State of New Mexico.
2. The quality of the bond had to be approved by a previously and lawfully bonded senior public officer of the Department of New Mexico Government wherein the individual seeking to perfect the public office to which he/she was elected or appointed would take on assigned duties. Special bonding arrangements are in place for those senior public officers.
3. Upon approval by the department head, the person seeking to perfect claim to the public office would provide that faithful performance bond approval information to the agency of government authorized to use public appropriations to pay for the bond who would then secure the surety bond sought and provide evidence of the secured bond to the Office of the New Mexico Secretary of State for filing in the Record of Official Bonds which office also possessed the attendant notarized oath of office of the bond holder as required to be taken by Section 1, Article XX, Constitution for the State of New Mexico.
4. Since the above sequence of public acts have not been performed by any person claiming to be the senior public office holder of any Department of the New Mexico Government, no subordinate public office was ever perfected anywhere within the State of New Mexico and those claiming to be in public office conducting legislative, judicial or executive activities of government are doing so without perfecting their claim to office.
5. The sequence of actions outlined in Subparagraphs 1 through 4 above are each required in the order delineated to perfect any state public office to which one is either elected or appointed. Avoid one step and the office cannot be perfected.
Questions and Answers
What is a Surety Bond? A surety bond is a written agreement providing for monetary compensation to be paid by the surety company should there be a failure by the person bonded to perform specified acts within a stated period.
What is Surety? Surety is a specialized line of insurance where one party agrees to be responsible for the debt or obligation of another party. There are three parties to this agreement:
• The principal (the public official) is the party that undertakes the obligation and who is primarily bound on a bond.
• The surety company guarantees that the obligation will be performed.
• The obligee (the People of New Mexico) is the party who receives the benefit of the bond. The bond protects the obligee from loss.
What are the differences? With traditional insurance products:
• The risk is transferred to the insurance company.
• The insurance company takes into consideration that a certain amount of the premium for the policy will be paid out in losses.
• The goal is to spread the risk.
With Surety:
1. The risk always remains with the principal. The obligee receives the benefit and protection of the bond.
2. The premiums paid are charged for the use of the surety company’s financial backing and guarantee.
3. Surety professionals view their underwriting as a form of credit so the emphasis is on prequalification and selection.
What is the basic information that a Surety uses to underwrite? The surety needs to determine if the applicant has the following:
4. Capacity: The applicant must have the skill and ability to perform the obligation
5. Capital: The applicant’s financial condition must justify approval of the particular risk.
6. Character: The applicant’s record must show him or her to be of good character and likely to perform the obligation that he or she assumes.
It is quite clear that the object/purpose of an official bond is to protect the public. Put another way; The purpose of a penal bond binds a public office holder to the promises contained in the oath of office. The law requiring bonding and filing it, is abundantly crystal clear:
NMSA 10-2-5. [Recording of bonds required.] (1893)
The bonds given by all persons elected or appointed to office in this state shall be recorded. History: Laws 1893, ch. 56, § 1; C.L. 1897, § 3187; Code 1915, § 515; 1929, § 17-111;1941 Comp., § 10-205; 1953 Comp., § 5-2-5. (emphasis added)
NMSA 10-2-6. [Record of official bonds of state and district officers.] (1893) The bonds of all state and district officers shall be recorded in a record book to be provided for that purpose, and known as the record of official bonds, in the office of the secretary of state. History: Laws 1893, ch. 56, § 2; C.L. 1897, § 3188; Code 1915, § 516; C.S. 1929, § 17-112; 1941 Comp., § 10-206; 1953 Comp., § 5-2-6.                   (emphasis added)
NMSA 10-2-7. [Filing of bonds by officials of state and state agencies.] (1905) The bonds of all state officials, and of the members of all state boards and institutions, after having been recorded as required by law, shall be filed and kept in the office of the secretary of state; and all state bonds now filed elsewhere shall be transferred to the office of the secretary. History: Laws 1905, ch. 59, § 1; Code 1915, § 517; C.S. 1929, § 17-113; 1941 Comp., § 10-207; 1953 Comp., § 5-2-7.     (emphasis added)
NMSA 10-2-8.County and precinct officers; recording and filing bonds.  (1967)
The bonds of all county officers and constables shall be recorded in the office of the county clerk in a book designated as the record of official bonds. After having been recorded, the bonds shall be filed and kept in the office of the county clerk. History: Laws 1893, ch. 56, § 3; C.L. 1897, § 3189; Code 1915, § 518; C.S. 1929, § 17-114; 1941 Comp., § 10-208; 1953 Comp., § 5-2-8; Laws 1967, ch. 238, § 2. (emphasis added)
NMSA 10-2-9. [Recording as prerequisite to discharging duties of office.]  (1893) Each and every person who may hereafter be elected or appointed to office in this state, required by law to give bond, shall file the same for record before entering upon the discharge of the duties of the office. History: Laws 1893, ch. 56, § 5; C.L. 1897, § 3190; Code 1915, § 519; C.S. 1929, § 17-115; 1941 Comp., § 10-209; 1953 Comp., § 5-2-9.  (emphasis added)
All persons elected or appointed to a state public office are mandated, within 30 days, to take the oath of office prescribed under Article XX, Section 1, Constitution of New Mexico, and as soon after doing so within the 30 day grace period, they must give a penal bond binding them to the promises contained in the oath taken; otherwise, the office becomes vacant. At the end of the 30 day grace period, failure to complete any of the required steps necessary to enter the office prevents one’s entry into the office and prohibits one from discharging the duties of that office.  Being bound by oath is mandated for all public officers, both state and federal, by Article VI, Clause 3, Constitution of the United States.

Why can’t we go after their bonds? That could prove to be quite interesting