Senate “buddymandering” meltdown

The New Mexico state senate approved a map last night for how its own districts will look for the next 10 years. The vote came after days of hurry up and wait, as lawmakers negotiated behind closed doors in an untransparent process. I’d give senators an “F” on two counts: they didn’t do their work in public, and they focused way too much on preserving seats for incumbent lawmakers. More on this in a moment. 

Many are calling what happened last night on the Senate floor a debate. I’d call it a meltdown.

How the rise of copper reveals clean energy’s dark side

This story is co-published by New Mexico In Depth and the Guardian US, as part of the series “America’s dirty divide.” Corky Stewart, a retired geologist, and his wife live in a rural subdivision in New Mexico’s Grant County, about a mile north of the sprawling  Tyrone copper mine.  

“We’ve been here three years and we’ve heard four blasts,” Stewart said of the mine, one of four on an expanse of land partitioned into dozens of four-acre lots. From his perspective, the blasts don’t seem unreasonable, given that a mining company owns the property and has the right to do what it wants. 

But he didn’t know when he bought the property that the company would propose a new pit called the “Emma B” just a half-mile from the wells he and his wife depend on for drinking water. “If they were to somehow tap into our aquifer and drain our water supply, then our houses become valueless,” he said. 

“We’re not making any effort to prevent the pit from being built,” he said. “All we’re really asking is for them to give us some commitment that they will fix whatever they do to our water supply.” But the mine refuses to give them this assurance, he said.  Freeport-McMoRan did not respond to multiple requests for comment by New Mexico In Depth and The Guardian.

Sheriff goes to the dark side, lobbing grim attacks with no evidence

Back in 2017, I wrote “it doesn’t get much darker” than ominous television ads attacking mayoral candidate Tim Keller, who is now Albuquerque mayor. Well, it’s gotten darker, and again Keller is the target. 

Four years ago the television ads, followed by billboards, showed an image of Keller and quickly cut to a dark figure wearing a hoodie, a classic racist trope. “Sex offender” flashed in bold red letters on the screen before cutting to a backlit child riding a bike. Essentially, the ad sought to tap unconscious racist fears and smear Keller as a sex offender at the same time. Media outlets, including New Mexico In Depth, found no basis in the charge.

Lawmakers continue secret spending

Government transparency is more than good, it’s essential. The dark corners of government make it difficult for the people (as in, all of us) to exercise our right and our duty to ensure those we elect are governing in our best interest. 

In a cash-strapped state like New Mexico, transparency in how elected officials spend public money is even more important. For that reason, we applaud the publication of a list of how individual lawmakers spent public infrastructure funds under their control. Lawmakers have long resisted making that information public, but finally relented this year after sustained public pressure. We’ll be able to see the so-called capital outlay spending of individual lawmakers from now on.

Legislature shines light on itself

The Legislature concluded today, which also happens to be the final day of Sunshine Week, so it’s only fitting that we review a couple of transparency measures taken up by the Legislature. 

In short: it’s a mixed bag. One prominent measure five years in the making passed, and if the governor signs the bill, lawmakers will no longer be able to allocate public works dollars in secret. But another measure that sought to fix a loophole in campaign finance disclosure laws was dead in the water. 

Lawmakers shine light on themselves

Once a contentious measure among lawmakers, a bill that requires a list of how lawmakers allocate public infrastructure dollars be published on the legislative website sailed through the 2021 session. It’s momentous, considering the long history of secrecy surrounding how lawmakers decide what projects to fund. The public list will only pertain to projects this year and in the future.

New Mexico Senate passes capital outlay transparency bill

The Senate passed a measure Wednesday that would enable New Mexicans for the first time to see how each lawmaker spends public infrastructure money under their control. 

Should House members agree with Senate amendments, and Gov. Michelle Lujan Grisham sign it into law, the measure would require legislative staff to automatically publish a list 30 days after the session ends that details how individual lawmakers spend millions of dollars in most years — a far cry from the secrecy that has surrounded such decision making at the Roundhouse for as long as people can remember. 

House Bill 55, sponsored by Rep. Matthew McQueen, D-Galisteo, and a bipartisan group of lawmakers, sailed through the Senate after some debate, a much different outcome than in previous years. 

In 2015, New Mexico In Depth discovered that such information was a secret after filing a public information request for a list of individual lawmaker’s infrastructure spending allocations and finding out that information wasn’t subject to public scrutiny. That’s because of a long established statute that makes confidential any communication between individual lawmakers and legislative staff. That statute still stands, but now, if the measure becomes law, details about lawmakers’ individual spending choices will be exempt from the rule. 

During the February House floor debate on the bill, McQueen said it’s important to make the information readily available to everyone who’s interested. Sen. Jeff Steinborn, D-Las Cruces, said during Wednesday floor debate in the Senate that making the allocations public was long overdue and “fundamentally the right thing to do.” He listed three reasons: it’s public money that the public has the right to see; making it public prevents fraud; and transparency will result in money better spent. 

Since 2016 when the first bills were introduced by McQueen and former senator Sander Rue, R-Albuquerque, the transparency measure has been hotly debated, with opposition largely hinging on the political costs to lawmakers if their spending decisions are known to the public. This concern has been voiced largely by rural lawmakers who represent multiple counties, who say they must juggle many more funding requests from their constituents than they can possibly fill. 

But a 2019 investigation by New Mexico In Depth found the issue wasn’t a cut-and-dried example of a so-called rural/urban divide. 

That year, we asked every lawmaker to give legislative staff permission to share their capital outlay allocations with the public.

Lawmakers, and lobbyists too, push through in the midst of COVID

The pandemic legislative session (as it will go down in history) lived up to its name just a week in, with at least one House Republican lawmaker and four Roundhouse staff testing positive for COVID-19. Given that lawmakers aren’t required to be tested, there may be more. Democratic House Speaker Brian Egolf said he was “dismayed” Republicans had a catered lunch, a characterization Republican House Minority Leader Townsend disputed to the Santa Fe New Mexican. Townsend urged delay of the session before it began, and is now calling for a temporary halt.It’s not surprising there’s been a COVID outbreak at the Roundhouse. We are in the midst of a deadly pandemic that has killed more than 3,200 New Mexicans in under a year, closed schools and businesses, and created untold anxiety and stress. Should the Legislature be meeting? It’s questionable.

New Mexico lawmakers pursue big agenda while navigating checkpoints

New Mexico’s legislative session begins today against an odd backdrop of optimism,  uncertainty, and vigilance, all at once. 

Planning for a largely online session has long been in the works, with the public barred from the Roundhouse until the COVID-19 pandemic is brought to heel. Now, the Legislature finds itself launching a session grappling with the twin challenges of a deadly pandemic and the spectre of violence, and no one knows exactly how it will turn out.  

The Roundhouse has been abruptly fenced off in the wake of the Jan. 6 insurrection in the nation’s capitol and subsequent warnings by the FBI that armed protests may occur across the country in the lead up to the inauguration of President-Elect Joe Biden Wednesday. Only approved lawmakers, staff or others with specific credentials, like media, will be able to enter, through checkpoints. In Santa Fe, national guard and state police are out in force to handle armed protests and possible violence. 

Here’s a sneak peek at our special print edition, which will be published in newspapers around the state this weekend.