Links solicit donations during session

SANTA FE (KRQE) - By law, state lawmakers can't ask for campaign contributions in any way during a legislative session, but a News 13 investigation found they are and it's widespread.

House Speaker Ben Lujan, D-Santa Fe, House Majority Leader Ken Martinez D-Grants, Appropriations & Finance Chair Kiki Saavedra D-Albuquerque, Deputy Chair Lucky Varela D-Santa Fe, Judiciary Chair Al Park D- Albuquerque and just about every House Democrat is listed on the Web site www.actblue.com , advertising an opportunity for you to contribute to them.

It's a similar situation in the state's Senate: President Tim Jennings, Majority Leader Michael Sanchez, Finance Chair John Arthur Smith, Judiciary Chair Cisco McSorley are all featured on the Web site.

Act Blue is a political action committee for Democrats nationwide, calling itself the largest source of funds for Democrats.

"The law is clear," Secretary of State Mary Herrera said.

In October, Herrera sent a letter to all lawmakers telling them to remove donate links from Web sites during legislative sessions.

"They will have to explain to me why they were on this Web site soliciting funds," she said.

News 13 asked several of the listed Democrats about the links.

"I did not know about it," Rep. Andrew J. Barreras said.

The Democrat from Tome said he didn't know if Act Blue was aware of the New Mexico law, but said they should be.

"I didn't know it was even happening," Sen. Eric Griego, D-Albuquerque, said.

Sen. Cisco McSorley, D-Albuquerque, said he was shocked that his name was on the Web site because he's not up for re-election in November and isn't even soliciting contributions outside of the legislative session this year.

"I'm aware of Act Blue. I don't use it," Rep Brian Egolf, D-Santa Fe, said. "I have my own Web site with an online donate feature that's disabled during the legislative session."

All of the lawmakers News 13 spoke with said they had no idea Act Blue was soliciting on their behalf during a legislative session.

"It's probably one of those things where you could have opened an account two or three years ago and it's been sitting there all this time," House Majority Leader Ken Martinez, D-Grants, said.

When News 13 showed Martinez the Web site Friday, he took action right away.

News 13 watched as his staff called Act Blue to complain. Monday he sent a letter to Act Blue writing that the organization's actions are prohibited under state law and asking them to remove the donate links.

After News 13 called Act Blue in Massachusetts, they removed all the links.

"I'm glad this came down and I'm glad you did this service to the people of the state of New Mexico," McSorley said.

One Democratic lawmaker though was soliciting on his own Web site during this legislative session—Rep. Jeff Steinborn of Las Cruces.

"It's just an oversight on my part, to tell you the truth," he said.

Steinborn said his Web site was static, and hadn't been updated in years. He said the Act Blue donation link was disabled though and donations couldn't be accepted.

However, News 13 tried and successfully donated $10 to his campaign to prove it was active.

"It wasn't intentional. I certainly haven't solicited and I take, I think anyone who knows me knows I take ethics laws probably as serious or more serious, having introduced bills every single session, than anybody. So we all have oversights, this was certainly one of mine and I'm glad you brought it up with me," Steinborn said.

There is no indication any of the lawmakers actually received any contributions during the legislative session, except Rep. Steinborn because of the $10 donated by News 13.

Steinborn said he will refund the money.

Martinez asked the Legislative Council Service for an opinion on whether the solicitations by "Act Blue" are a violation of the law. The council service concluded it's a gray area.

Herrera said he'll forward any evidence of wrongdoing to prosecutors.