Court says non-profit mailers, “constitutionally protected”

The Secretary of State's Office violated New Mexico Youth Organized constitutionally protected rights when it tried to force the nonprofit to register as a political action committee, according to a ruling by U.S. District Judge Judith C. Herrera.

Secretary of State Mary Herrera and Attorney General Gary King have both been adamant that the mailers in question crossed the line. Judge Herrera disagreed and stated:

An independent political communication cannot be considered campaign-related, and, therefore, cannot constitutionally be subject to regulation, unless either: (a) it uses express words of advocacy such as “vote for” or “defeat”; or (b) it “is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate.”

...The Supreme Court has repeatedly held that only organizations controlled by a candidate for office or organizations whose “major purpose” is the election or defeat of a candidate can be required to register and report as a political committee.

Matt Brix, policy director for the Center for Civic Policy - the organization that oversees NMYO, said in a press release:

Judge Herrera looked at the facts of the case in light of the law. This ruling represents one more victory for the nonprofit sector in New Mexico in its battle to defend the First Amendment and fulfill its mission of educating the public about how the legislative process works and how legislators vote.

Hopefully that will enliven the efforts of these nonprofits in educating Albuquerque in the mayoral race. A perfect start would be a public awareness campaign enlightening Burque residents to the fact that Mayor Martin Chavez's campaign director is a registered lobbyist for SunCal as reported by Marjorie Childress in the New Mexico Independent this morning.