Keller campaign asks for investigation into 'dark money' sweatshirts

Albuquerque Mayor Tim Keller’s campaign wants a local politics blogger to reveal who passed out dozens of “I love Tim Keller” sweatshirts to homeless people along Central last week and has filed a complaint with the city’s ethics board in an attempt to force his hand.

Keller’s campaign called the sweatshirts a “cruel political stunt” and the culprit’s anonymous spending illegal, in a Friday news release.

According to the City Charter, those who spend more than $250 to influence an election must register with the clerk’s office and publicly list their donors unless the group is an advocacy nonprofit, classified as a 501(c)(4).

The Keller campaign said that the dozens of sweatshirts likely cost more than $250 and have called the tactic “dark money” spending because of the stunt’s secretive nature.

Paul Gessing, the president of the Rio Grande Foundation, a Libertarian-leaning think tank, told multiple local media outlets this week that he knew who was behind the stunt, but wouldn’t reveal their identity.

Gessing told the Journal on Monday that he knew the distributor’s identity and in a Wednesday KOAT-TV interview called the tactic “brilliant.”

“I think it’s a very interesting technique to highlight an issue and put it in front of the media and average New Mexicans, Albuquerqueans, specifically, who may be going to the polls and make sure they’re aware of this real problem,” Gessing said of homelessness.

Gessing did not respond to requests for comment on the complaint Friday.

Neither did Darren White’s campaign, which has repeatedly denied any involvement with the sweatshirts.

Daymon Ely, the Keller campaign’s lawyer, filed the complaint Thursday with the City Clerk’s Office — just days before the Dec. 9 runoff election that pits challenger White against two-term incumbent Keller in the race for mayor.

“If this is not properly investigated, the political process and attempts to regulate the process are meaningless,” Ely wrote.

But if the board does rule in Keller’s favor, it’s unclear how much latitude the group has to compel Gessing to speak up.

According to the City Charter, to punish someone not employed by the city the only two actions the Board of Ethics can take are issuing a “public reprimand” or imposing a fine of $500 for each violation of the city’s code.

In a recent ethics ruling involving District 1 City Council Candidate Stephanie Telles and her challenger’s campaign manager, Scott Forrester, the board said it only had authority over candidates and committees.

This past precedent suggests that the board might not get involved in a complaint that goes after Gessing as a third party.

Beyond “making a mockery” of the election code, Ely appealed to the board’s morality in the complaint’s final paragraph.

“These people are being used as political props,” Ely wrote. “It is disgraceful. It is also unlawful.”

Along Central on Monday, dozens of people appearing to be homeless were dressed in the bright yellow sweatshirts. Some were unaware of the man their shirt endorsed, while others saw through the ploy but said their options were to wear it or freeze.