Legislator Asks Secretary of State To Drop Fine

SANTA FE – State Sen. Mary Jane Garcia, D-Doña Ana, has asked the secretary of state to waive a $1,200 fine for possible violations of a law governing campaign funds.

Garcia, who is the Democratic whip, said Tuesday in a letter to Republican Secretary of State Dianna Duran that she has “never intentionally violated any provision” of the Campaign Reporting Act, and she questioned whether Duran is correctly applying the law.

Garcia said Duran should ask the attorney general for an opinion on that question, and at least defer a decision about fining her until the opinion is issued.

Duran’s chief of staff, Ken Ortiz, said Garcia’s letter was under review Tuesday and no decision had been made.

Duran told Garcia in a letter last week that she planned to fine her. She was acting on a complaint from Bryan Stegall, who is listed as the campaign treasurer for Lee Cotter, Garcia’s GOP opponent in the Nov. 6 election.

Duran said Garcia had reported using nearly $5,500 in campaign funds to pay expenses to attend legislative meetings on a dozen occasions from January 2010 through August of this year. The lawmaker also received travel and per diem payments from the Legislature for the same meetings, Duran said.

Duran said Garcia violated the law repeatedly by making disbursements of more than $100 from campaign funds payable to “cash” rather than to an individual or entity.

Garcia said in her letter that she doesn’t use credit cards when she travels, instead paying cash for hotels, restaurants and gas stations.

“Using campaign funds for travel expenses related to my duties as a legislator is allowed under the act,” the senator wrote, adding that she hasn’t used the cash for anything other than the travel expenses.

And she questioned whether the $100 limit on disbursements to “cash” applies in this case, since the money was not being spent for political purposes, which is what that section of law regulates. She said the attorney general should be asked about that.
— This article appeared on page A6 of the Albuquerque Journal