Politics

Bill to erode election security one hurdle away from becoming law

11 Comments / New Mexico, News, Politics / By

On Wednesday, the New Mexico Senate voted 27-14 to pass H.B. 4, an extreme rewrite of many portions of the state’s election code. 

Provisions in the bill would erode election security by letting felons vote, mandating a permanent absentee voter list, mandatory ballot drop boxes, and mandating voters be automatically registered at the Motor Vehicle Division (MVD), where they would have to opt out by mail.

There were many concerns in committees and during floor discussions about the bill infringing on religious freedoms because some religions do not permit voting. Forcibly registering people to vote would be a violation.

According to the bill’s fiscal impact report, the Taxation and Revenue Department reports that “implementation of this bill will have a high impact on its IT Division. The estimated time to develop, test, and implement the changes is approximately 2,704 hours or 17 months and approximately $717,700 ($567,800 contractual resources including gross receipts tax and staff workload costs of $149,900). The bill will require MVD to partner with [the Secretary of State’s office] to make changes to the interface between the two agencies.”

According to the New Mexico Sun, “The New Mexico Business Coalition (NMBC) strongly opposes HB 4. NMBC President Carla Sonntag published a letter arguing that the legislation would endanger both voting rights and voting system integrity in many ways, including automatically registering voters without their consent, increasing the likelihood of non-U.S. citizens being registered to vote and giving full voting rights to felons prior to completion of parole/probation.”

Following the Senate vote, Republican Senate Leader Brian Baca said in a statement, “I am incredibly disappointed in the Secretary of State and Democratic legislators who put progressive special interests above the people of New Mexico with the passage of this legislation,” adding, “The only beneficiaries of this legislation are felons and those seeking to compromise the integrity of our elections.”

While the bill was in the House, Republicans attempted to amend it with a provision to require photo identification to vote, which all died. In the Senate, Republicans attempted to add amendments, including one to create an opt-in system for the MVD registrations. Those attempts failed also.

Since the Senate amended the bill in that chamber, it will now have to go back to the House for concurrence. If that happens, it will go to Democrat Gov. Michelle Lujan Grisham’s desk, where she is all but guaranteed to sign it. New Mexicans can contact their state representatives to ask them to oppose the bill.

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Dem anti-gun bill heads to Gov. Lujan Grisham’s desk for a signature

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On Wednesday, the New Mexico House of Representatives concurred with changes to an anti-gun bill that were made in the state Senate, sending H.B. 9 by Rep. Pamelya Herndon (D-Bernalillo) to Democrat Gov. Michelle Lujan Grisham’s desk.

The bill would force citizens to lock up their firearms in “a gun safe or a device that prevents a firearm from being discharged or from being used to expel a projectile by the action of an explosion or a device other than a gun safe that locks a firearm and is designed to prevent children and unauthorized users from firing a firearm, which device may be installed on a firearm, be incorporated into the design of the firearm or prevent access to the firearm.”

If the gun owner does not lock up any and all firearms and their gun is somehow used in an offense by a minor causing “great bodily harm” or death, the parent of that child could be made a felon if the victim of the crime is killed or permanently disabled.

The bill included an amendment from the state Senate that created an exception for minors who have the “authorization of the minor’s parent or guardian for lawful hunting, lawful recreational use or any other lawful purpose.” The “lawful purpose” language would likely keep some people out of jail for not following the vague and confusing law.

It is unclear how the bill if signed, would be enforced since it is a reactionary piece of legislation based on if someone is harmed or killed by a weapon. 

The bill passed on a 34-28 vote with Democrat Reps. Ambrose Castellano of Ribera, Harry Garcia of Grants, Tara Jaramillo of Socorro, Patricia Lunstrom of Gallup, Willie Madrid of Chaparral, and Joseph Sanchez of Alcalde voting alongside all Republicans against concurrence.

Other anti-gun bills have not advanced as far as H.B. 9, but with fewer than nine days left in the legislative session, the likelihood of their passage declines significantly.

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Santa Fe judge releases alleged pedophile pre-trial

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On March 3, 2023, a former teacher at Holy Cross Catholic School in Santa Cruz, Calvin Robinson, 41 of Española, was released on an ankle monitor after his February 14, 2023, arrest on sex crimes charges.

Robinson was held on one count of criminal sexual penetration in the second degree, three counts of criminal sexual contact of a minor in the second degree, two counts of criminal sexual contact of a minor in the third degree (all felonies), and one count of enticement of a child, which is a misdemeanor.

The suspected pedophile was released pre-trial by Santa Fe District Judge T. Glenn Ellington of Division VII, a Democrat, on March 2, 2023, according to court records. Robinson was placed on the pretrial services electronic monitoring program.

“[Robinson] has demonstrated by his conduct with [the girl] that he has a single-minded determination when he has selected a young victim, strongly suggesting that any child within [his] orbit is in danger,” Assistant District Attorney Shelby Bradley wrote in the Feb. 17 motion requesting a hearing aimed at keeping Robinson jailed, the Rio Grande Sun reported.

KOB 4 News reported that Robinson was accused of “allegedly abusing a 13-year-old student” at the school. According to an archive of the Holy Cross school’s website, Robinson taught fifth grade.

The outlet further reported, “The victim, who attended the elementary school from Aug. 2021 until May 2022, came forward in January to report the crimes. The sexual abuse claims were corroborated by other students at the school, prosecutors said.”

“[T]he victim was seated next to Robinson’s desk when the teacher unzipped her pants and placed his hands inside, records allege. The child tried to push Robinson’s hands away several times, police said. When she wouldn’t unzip her pants, Robinson unzipped them, police said.” Multiple assaults allegedly happened on the young girl, including repeated touching and kissing.

It is unclear when the alleged pedophile’s court date will be, but without New Mexico’s bail system, it appears this led to the release of the accused sex criminal.

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Radical abortion, infanticide, ‘gender-affirming care’ bill advances

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On Tuesday, the New Mexico state Senate passed H.B. 7 by Rep. Linda Serrato (D-Santa Fe) and Sen. Katy Duhigg (D-Rio Rancho) to force public bodies to facilitate abortions and “gender-affirming care” (transgender treatments and surgeries) or face lawsuits.

The bill also explicitly bans municipalities and counties from passing local laws to protect children in the womb from being aborted, meaning places like Roosevelt County would be banned from enforcing their ordinances.

The bill would “prohibit public bodies from discriminating against persons based on their use or non-use of reproductive or gender-affirming care,” meaning it could push teachers and any other public workers to support body mutilation for all ages, including children, as well as abortion, according to the bill’s fiscal impact report. 

So-called “gender-affirming care” means “psychological, behavioral, surgical, medication, and other medical services to support a person’s gender identity,” while “public bodies” are defined as “state and local governments, commissions, or boards established by the state and any branches of state government, such as school districts and universities, that receive state funding.” It would also open up conscientious objectors to civil suits.

After debate in the Senate, the chamber passed the bill 23-15, now sending it back to the House after amendments made in the Senate Judiciary Committee.

If the House passes the bill on concurrence, it will then go to the governor for a signature, and Democrat Gov. Michelle Lujan Grisham has already signaled her support. 

According to New Mexico Alliance for Life (NMAFL), “Analysis provided by the ACLJ, reveals the legalized infanticide portion of HB 7 in section 3C mirrors language of radical California and Maryland bills that shocked the nation. In an effort to deceive the public, the abortion lobby behind HB 7 tried to sneak in the operative term, “perinatal” as a part of “reproductive health ” into another section, 2C. **Perinatal as defined in legal terms, encompasses up to 28 days after birth.”

NMAFL’s executive director wrote following the vote, “Today was a tragic day for our state as a majority of New Mexico Senate Dems voted in favor of radical HB7’s unscientific infanticde, abortion and transgender mandate. It’s really shameful that the sponsors misled the public throughout this process, until today, Senator Duhigg admits HB 7 is indeed a mandate and aims to “change behavior” regardless of conscience objections, long-term health impact, and parent’s rights.”

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Dems advance bill to give governor, other politicians a $60K pay raise

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On Monday, the New Mexico Senate Finance Committee voted 8-3 to pass S.B. 442, which would give the governor and other statewide elected officials a hefty $59,714 pay raise.

In addition to Democrat Gov. Michelle Lujan Grisham, all other statewide officials, including Lt. Gov. Howie Morales, Attorney General Raúl Torrez, Secretary of State Maggie Toulouse Oliver, State Auditor Joseph Maestas, Land Commissioner Stephanie Garcia Richard, and Treasurer Laura Montoya would get the raise.

According to the bill’s fiscal impact report, “Current law requires salaries from elected officials be paid from the general fund, except for the commissioner of public lands, who is paid from the state lands maintenance fund.”

During the committee’s consideration of the bill, Sen. Bill Sharer said, “Those are huge numbers; I never got an increase like that,” adding, “I’m concerned by these, what appear to be, colossal pay raises.”

Toulouse Oliver was happy to admit she wants a pay raise, claiming she would “welcome” the salary bump.

She said, according to the Santa Fe New Mexican, “We have lives and families to support just like everybody else.”

“This isn’t so much about making money — none of us went into government to get rich or to make money…. I just need to be able to pay my bills and deal with inflation, the cost of living that’s really high right now. I’m a single mom, so for me, it’s much needed and very welcome and appreciated.”

Currently, the governor makes $110,000, while the auditor, treasurer, and secretary of state all make $85,000. The attorney general makes $95,000, and the land commissioner makes $90,000 annually. 

The bill now goes to the Senate Finance Committee for consideration. 

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NM House Dems vote to give themselves taxpayer-funded salaries

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On Saturday, all but one New Mexico House Democrat voted to give themselves salaries on the backs of the state’s taxpayers. The proposal, H.J.R. 8 by Rep. Angelica Rubio (D-Doña Ana), passed the House chamber on a 40-24 vote, with Rep. Ambrose Castellano (D-Ribera) joining all Republicans in rejecting the measure.

The chamber debated the resolution for three hours, with Republicans offering an amendment to cap the salary at the median household income of an average New Mexican, which is approximately $54,000 annually. 

The amendment, sponsored by Rep. John Block (R-Alamogordo), was rejected on a party-line vote after a lengthy debate. Democrats advocated for a commission to set the salary without any parameters by the Legislature on how the amount should be set.

Currently, legislators in New Mexico do get paid a per diem, which is $176 a day for a House member and $181 a day for senators. For House members during the 60-day session, they receive $10,560, and senators receive $10,860. They also receive per diem for interim committees that meet throughout the year and, after ten years of service, receive a generous pension. 

Despite the compensation legislators receive, Democrats erroneously claimed New Mexico is the only state in the country that doesn’t pay its lawmakers. However, New Mexico’s system is quite generous versus states like New Hampshire, which pay their legislators only $100 without per diem, or Utah, which pays $285 per legislative day. Currently, New Mexico lawmakers make around $22 per hour based on eight hours of work for the per diem rate.

During the debate, Rep. Alan Martinez (R-Bernalillo) said he is “uncomfortable” voting for legislator pay, saying it incentivizes politicians “to stay here and become entrenched in the system.”

The resolution now heads over to the state Senate for consideration. However, it is unclear if it will pass the chamber with only around 13 days left in the legislative session. If it does pass the Senate, it will go on the 2024 general election ballot for voters to approve or reject the measure. 

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Radical anti-gun bill one hurdle away from becoming law

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On Friday, the state Senate passed H.B. 9, an extreme piece of legislation that would force New Mexicans to lock up their firearms in “a gun safe or a device that prevents a firearm from being discharged or from being used to expel a projectile by the action of an explosion or a device other than a gun safe that locks a firearm and is designed to prevent children and unauthorized users from firing a firearm, which device may be installed on a firearm, be incorporated into the design of the firearm or prevent access to the firearm.”

If the gun owner does not lock up any and all firearms and their gun is somehow used in an offense by a minor causing “great bodily harm” or death, the parent of that child could be made a felon if the victim of the crime is killed or permanently disabled.

As noted by even some Democrats in the chamber during a July 2022 preview of the bill, it would be the first crime proposal to base a defendant’s sentence not on their own actions but that of someone else (a minor) who got ahold of a firearm. 

The bill does not, however, include provisions protecting the gun owner if the firearm was stolen, nor does it account for the de-facto tax it burdens the owner with being forced to find a new locking device to place it at all times. The bill is also blatantly unconstitutional.

The Senate amended the bill to add an exception for children hunting, but it would still require locking up the gun at nearly all times. Other amendments were also made. 

All Republicans and one Democrat, Sen. Benny Shendo, Jr. (D-Jemez Pueblo), voted against the bill. The final tally for the bill was 24-16.

It now goes back to the House for concurrence since it was amended in the upper chamber. If it passes the House for concurrence, it will go to the governor’s desk for a signature. Democrat Gov. Michelle Lujan Grisham has already signaled she will sign it into law.

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Dems kill a slew of bills to curb crime epidemic

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On Thursday, the New Mexico House Consumer and Public Affairs Committee killed multiple proposals on party-line votes that would have helped curb the crime epidemic ravaging communities such as Albuquerque.

The committee quickly tabled H.B. 484 by Rep. Bill Rehm (R-Albuquerqu), which would have amended multiple sections of the Motor Vehicle Code to prevent driving with cannabis or controlled substances or metabolites in the blood. This would be in addition to alcohol blood concentrations. It quickly died on a 4-2 tabling vote, with Republican Reps. Stefani Lord (R-Sandia Park) and John Block (R-Alamogordo) voting against tabling it.

Next, H.B. 491, a bill sponsored by three Democrat representatives, including Rep. Cynthia Borrego (D-Bernalillo), would have increased penalties for car theft, which is meant to deter car thieves. New Mexico leads most other states in the nation in terms of carjackings.

According to the bill’s fiscal impact report, “Under the revised penalties, anyone convicted for these crimes could be guilty of a fourth-degree felony for a first offense; a third-degree felony for a second offense, regardless of which provision was the first offense; and a second-degree felony for a third or subsequent offense, regardless of which provision was the first or second offense.” 

Borrego told stories about her relative who owns a dealership in Española and recently had a car thief steal and then wreck a brand new Toyota Tacoma afterward — leaving the dealership on the hook for the costs.

Despite carjackings plaguing the state, Democrats on the committee voted 4-2 to table the bill, with Reps. Block and Lord the only representatives opposing the tabling motion.

Another crime bill, H.B. 509, also from Rehm and Rep. Andrea Reeb (R-Clovis), would keep those criminals who have been accused of a “dangerous felony offense” in jail while awaiting trial, with an enumerated list of 14 statutory crimes defined in the bill. The bill would allow the defendant to convince a court that they are not a danger instead of automatically releasing them before trial.

This proposal also died on a 4-2 vote, with all the Democrats voting to table it and both Republicans rejecting the motion. 

Another bill, H.B. 306, which would create state penalties for straw purchases (knowingly buying a firearm for a felon), was also considered by the committee. Instead of mirroring federal law, which mandates years in prison, the bill only allows for 18 months in prison — an extremely short sentence. “Knowingly” was undefined by the bill’s sponsors. Democrats on the committee supported the Democrat Gov. Michelle Lujan Grisham-backed bill, while both Republicans opposed it.  

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Senate committees advance anti-gun, gender bills, delay vote on anti-police bill

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On Wednesday, the Senate Judiciary Committee delayed a committee vote on S.B. 252, an anti-police bill that is disguised as a “use of force standard” sponsored by state Sen. Harold Pope (D-Bernalillo) and Rep. Angelica Rubio (D-Doña Ana). The move to delay the vote came after the committee lost its quorum and was not able to take action on the measure.

According to the bill’s fiscal impact report (FIR), “The bill establishes a process for law enforcement agencies to report officer-involved injuries or deaths to the Department of Public Safety (DPS) and for DPS to report annually on all incidents to the governor, Legislature, and the public.” 

Furthermore, “Law enforcement agencies that fail to comply with these reporting requirements are ineligible to apply for any state-agency-administered grants. The bill also requires law enforcement agencies to adopt and publish use of force policies that include a range of requirements” (emphasis added). 

DPS noted major concerns about the constitutionality of the bill. The FIR stated, “DPS asserts that SB252’s definitions of police homicide are unconstitutionally vague because they establish subjective criteria to determine whether an officer failed to evaluate the totality of the circumstances provided in the bill.”

Regarding police dogs, DPS noted that a provision of the bill “to disallow law enforcement officers from bringing police dogs to a protest or demonstration is that it may prevent officers from bringing [bomb sniffing] dogs to protests or demonstrations, a safety measure.”

Many law enforcers showed up at the state Capitol on Wednesday to oppose the bill, including even leftist sheriffs who stood opposed. 

Also in the Senate Judiciary Committee, S.B. 116 by Sen. Carrie Hamblen (D-Doña Ana) to ban firearm purchase and possession for those under 21 stalled on a 4-4 tie vote.

Another extreme bill, H.B. 9, which would make New Mexicans felons if they do not lock up their guns and a third party accesses them, passed the Senate Finance Committee and now heads to the Senate floor, where it will face intense debate. 

The Senate Health and Public Affairs Committee advanced H.B. 7, which would force public bodies to facilitate abortions and “gender-affirming care” after intense debate in that committee. It will next be heard in the Senate Judiciary Committee. 

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Couy Griffin acquitted on campaign finance charge

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On Wednesday in Alamogordo, a jury of twelve in the state District Court found former Otero County Commissioner and Cowboys for Trump founder Couy Griffin not guilty of skirting New Mexico campaign laws.

According to the Associated Press, “State prosecutors accuse Griffin of a misdemeanor violation of failing to register as a political group, which is punishable by up to a year in prison and an additional $1,000 fine.”

Griffin told the AP, “All I wanted to do was speak on behalf of an ‘America First’ agenda, which should all be protected under the First Amendment,” adding, “I don’t want the state of New Mexico to know who has supported Cowboys for Trump. It’s about protecting donors.”

The court case came after arbitration between Griffin and Secretary of State Maggie Toulouse Oliver’s office resulted in demands he registers the group as a political committee despite it not falling within that scope and ordered fines of $7,800. 

After the verdict, Griffin wrote on Twitter, “This trial was a great example of how our judicial system is supposed to work. We could get away from the weaponized system, from the radicalized activists that sit on the bench, and we do that by jury trials.”

“Thank you for following along, thank you for your support, and this fight’s just getting started. We’re gonna get lots more wins from here on out.” 

Griffin has battled in courtrooms in Washington, D.C., and in Santa Fe, where he has not been judged by his peers until now. He noted after his court victory on Wednesday that his previous cases were in front of leftist judges and/or juries, such as in Washington. D.C., where he claims it is “95 percent” Democrat. 

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