New Mexico's mercurial Governor, Michelle Lujan Grisham, has announced that she wants to address the “ugly truth” of racism, that she claims is embedded in core institutions. 

So she says she is going to create something called a "Racial Justice Czar." This czar will supervise a "Racial Justice Council" and that panel will identify "potential policy changes." (Most people are probably left betting that those will be doozies.)

So who does Grisham turn to—to fix New Mexico's alleged "racial" problems? None other than perhaps the most famous racist in New Mexico—State Representative Sheryl Williams Stapleton (D-Albuquerque). 

News reports indicated, "the council's make-up is still being finalized," but one thing for certain is that among its members will be the, apparently indispensable, House Majority Leader Sheryl Williams Stapleton, D-Albuquerque.

With the choice of Stapleton, it's pretty clear that Grisham herself is engaged in racial profiling. After all, she's certainly not choosing her because of her intellect or character, but only because she's black.

Stapleton and "The "Mexican on the Fourth Floor"

In late 2011, Representative Stapleton got really steamed at Republican State Rep. Nora Espinoza, R-Roswell, who questioned Stapleton's double-dipping. Stapleton was (and still is) being paid legislative per diem while in Santa Fe AND simultaneously being paid by Albuquerque Public Schools (APS) for working on exactly the same days. 

APS has long been a famous bastion of flakiness on myriad levels, with its top-heavy administration, scores of extra staff, hired lobbyists, and public relations and media spokespersons ALL on the payroll for education.

So to compound things, under then-superintendent Winston Brooks, APS actually made it approved "policy" for Stapleton to double-dip. (And you wonder why people have chosen so many charter schools and private schools in Albuquerque?)

In any case, Stapleton flew into a rage and hollered at Espinoza at least three times for everyone to hear:

"You’re carrying the water for the Mexican on the Fourth Floor!"

Stapleton was referring to then-Governor Susana Martinez, who had acknowledged that her parents were Mexican-American. 

Stapleton was widely criticized for the racist outburst, and the House Democrats subsequently deposed her as Majority Whip, replacing her with Albuquerque Representative Antonio Moe Maestas.

(Though it has to be said that the semi-tone-deaf Democrat Caucus allowed Stapleton to make a roaring comeback and installed her as Majority Whip once again in 2017.)

As a comical aside in the entire furor, both Stapleton and her then-sidekick, State Rep. Mimi Stewart both pled innocent to the very idea that angrily referring to Governor Martinez as "that Mexican on the fourth floor" was anything other than polite routine speech.

And both Stewart and Stapleton comically (though almost certainly insincerely) invoked what might be called the George Costanza* defense:

"Was that wrong? Should I not have done that? I tell you, I gotta plead ignorance on this thing, because if anyone had said anything to me at all when I first started here that that sort of thing is frowned upon... you know, cause I've worked in a lot of offices, and I tell you, people do that all the time."

Stapleton at First Claimed She "Had no Idea" She had Made a Derogatory Comment

Stapleton's "Costanza" approach consisted of saying she "did not mean the remark in a derogatory way or as an ethnic slur." Going on to say "I would never say anything derogatory,” as she apologized "If I offended anyone." (Using the modern-day "apology" style of putting the burden on the offended, rather than having the offender (Stapleton) take responsibility.)

Stapleton then went the extra mile, so to speak, by making the bizarre, Elizabeth Warren-like claim, that she considers herself "at least partly Latina." [NOTE: She is actually from the US Virgin Islands and speaks a kind of broken Spanish, which she sometimes invokes as she insists on shrieking off-key renditions of birthday songs on the floor of the House, which both horrifies and victimizes her colleagues in both parties.]

Later, Stewart weighed in—speaking as someone who was also simultaneously in a teaching position while attending legislative sessions. Stewart, who is from Massachusetts, said she "did not think Stapleton meant the remark about the governor to be an ethnic slur."

Both Stewart and Stapleton are said to be huge fans of George Costanza.

Stapleton Apology Seems to Contradict both Herself and Mimi "Costanza" Stewart

But later, Stapleton admitted she was lying when she had previously claimed that she had no idea she had said anything in an offensive way. Admitting, as her voice began to break:

"I lost it, ladies and gentlemen. I expect more of myself. This is not my character."

As Stapleton's remarks were reverberating throughout this Hispanic-plurality state, she followed up with a more thorough apology:

“I am publicly making an apology to the governor of the state of New Mexico, I am publicly making an apology to my district and I am publicly making an apology to the people of New Mexico as an elected official."

This, of course, left her buddy Mimi Stewart alone by herself, twisting slowly in the wind, in the embarrassing position of continuing to own the obviously false claim (as long as Stapleton claimed it) that there was no offense at all, all in good fun, nothing to see here.

Stewart was not warned by Stapleton that she was about to leave her alone, claiming the ridiculous.

Grisham Obviously Used Racial Profiling in Selecting Stapleton

Stapleton made the excuse that "I was under extreme stress." 

Well, maybe so. But this raises the question: Can the governor find no one else in the entire state for this expert panel who does not fold under pressure and stress and whose first instincts when excited or stressed is to blurt out ethnic or racial slurs? 

After all, this panel of authorities will be charged with defining, finding, identifying, and rooting out racism. It appears that Grisham is using the lamest approach, effectively telling New Mexicans: "I chose Sheryl because it takes one to know one."

And of course, all of this begs the embarrassing question: Just how many black leaders does the governor know? Apparently, very, very few. Almost none. A few political cronies. No one else. For panels like this, shouldn't she be looking for leaders? People of unimpeachable character? The right stuff? 

And the Governor's answer to all these questions is Stapleton? 

All this while the governor goes on to intone:

"We have a tendency to wrap ourselves in that particular cloak and pretend sometimes that we don’t have the kind of inequalities, institutional racism and hatred that exists.” 

“We have institutional racism embedded in every construct in American society. The fact you might not see it every day means you’re not looking for it every day. It exists.”

We can argue about whether any of that is true or not (neither the governor nor anyone else gave any examples for New Mexico) but just saying those things with a straight face, while simultaneously deciding that Stapleton is the judge and jury on these questions is nothing short of bizarre.

What this means is that Grisham used the most barefaced and obvious racial profiling, completely ignoring character, intellect, and articulation of issues, and shamelessly choosing based on race alone. The very thing she claims to oppose.

2009 Bill Prohibition of Profiling Act

New Mexico already has a 2009 law that allegedly bans "racial profiling." This bill purported to prohibit the used of certain information in the identification of criminal suspects based on descriptions that might include race, ethnicity, color, national origin, language, gender, gender identity, sexual orientation, political affiliation, religion, physical or mental disability or serious medical condition

That bill passed the New Mexico House of Representatives, without a whimper, by a vote of 62-0. But when it arrived in the State Senate, its sponsors faced some questions from senators, including then-Senator Rod Adair (R-Roswell):

Is it racial profiling to identify suspects or subjects of investigations based on testimony from witnesses or cameras, which might include descriptions of skin color, or guessed ethnicity, or gender, or if someone might have been on crutches, or had spoken a foreign language?

The sponsors couldn't answer.

Are there any data or studies of any kind to show that new Mexico law enforcement are engaged in racial profiling?

The sponsors had neither.

What if a Hispanic state police officer from Albuquerque tells a Hispanic deputy sheriff in Deming that he believes a suspect is Hispanic, female, about 5' 4" tall, 125 lbs, and that she had black/brown hair and brown eyes? Is that profiling?

Confused answers. Much debate and arguing ensued. 

Are we just copying some things being done in other states right now, especially back East?

Sponsors admitted that other states were passing similar bills.

The bill ended up passing the Senate, 32-10. In addition to having Adair vote "No," others voting No included Vernon Asbill of Carlsbad, Sue Wilson Beffort, Mark Boitano, Kent Cravens, William Payne, and John Ryan, all from Albuquerque, Dianna Duran from Tularosa, Stuart Ingle of Portales, and William Sharer of Farmington. 

The remaining five Republicans joined 27 Democrats in voting in favor of the bill.

Governor Grisham Statements and Nationwide Hysteria Aren't Justified by Actual Data

Grisham expressed regret this past week for having taken an aggressive approach to combating violent crime, particularly when she decided to send 50 State Police officers to patrol certain areas of Albuquerque last year.

The two-month “Metro Surge Operation” cost about $1 million. It resulted in 14,674 traffic stops and netted 738 arrests—the majority of which were for felony or misdemeanor warrants. The governor said Thursday that such decisions would be viewed through a different lens going forward.

“It is a public health emergency and New Mexico will treat it as such,” Lujan Grisham said.

But the data don't support all this regret and Nationwide Angst 

Statistics compiled by Heather MacDonald of the Manhattan Institute reveal the following:

• In 2019 police officers fatally shot 1,004 people, most of whom were armed or otherwise dangerous. African-Americans were about a quarter of those killed by cops last year (235), a ratio that has remained stable since 2015.
• That share of black victims is less than what the black crime rate would predict, since police shootings are a function of how often officers encounter armed and violent suspects.
• In 2018, the latest year for which such data have been published, African-Americans made up 53% of known homicide offenders in the U.S. and commit about 60% of robberies, though they are 13% of the population. 
• The police fatally shot nine unarmed blacks and 19 unarmed whites in 2019, according to a Washington Post database, down from 38 and 32, respectively, in 2015. (It must be noted that the Post defines “unarmed” broadly and loosely, counting as "unarmed" a suspect in Newark, NJ, who had a loaded handgun in his car during a police chase.)
• In 2018 there were 7,407 black homicide victims. Assuming a comparable number of victims last year, those nine unarmed black victims of police shootings represent 0.1% of all African-Americans killed in 2019.
• By contrast, a police officer is 18½ times more likely to be killed by a black male than an unarmed black male is to be killed by a police officer. 
• On Memorial Day weekend in Chicago alone, 10 African-Americans were killed in drive-by shootings.
• Such routine violence has continued—a 72-year-old black Chicago man shot in the face on May 29 by a gunman who fired about a dozen shots into a residence
• Two black 19-year-old women on the South Side shot to death as they sat in a parked car a few hours earlier
• A black 16-year-old boy fatally stabbed with his own knife that same day.
• This past weekend, 80 Chicagoans were shot in drive-by shootings, 21 fatally, the victims overwhelmingly black.
• Police shootings are not the reason that blacks die of homicide at eight times the rate of whites and Hispanics combined; criminal violence is. 

MacDonald went on to note:

The latest in a series of studies undercutting the claim of systemic police bias was published in August 2019 in the Proceedings of the National Academy of Sciences.

The researchers found that the more frequently officers encounter violent suspects from any given racial group, the greater the chance that a member of that group will be fatally shot by a police officer.

There is “no significant evidence of anti-black disparity in the likelihood of being fatally shot by police,” they concluded. 

A 2015 Justice Department analysis of the Philadelphia Police Department found that white police officers were less likely than black or Hispanic officers to shoot unarmed black suspects. Research by Harvard economist Roland G. Fryer Jr. also found no evidence of racial discrimination in shootings. Any evidence to the contrary fails to take into account crime rates and civilian behavior before and during interactions with police.

The false narrative of systemic police bias resulted in targeted killings of officers during the Obama presidency. The pattern may be repeating itself. Officers are being assaulted and shot at while they try to arrest gun suspects or respond to the growing riots.

Police precincts and courthouses have been destroyed with impunity, which will encourage more civilization-destroying violence. If the Ferguson effect of officers backing off law enforcement in minority neighborhoods is reborn as the Minneapolis effect, the thousands of law-abiding African-Americans who depend on the police for basic safety will once again be the victims. 

The Minneapolis officers who arrested George Floyd must be held accountable for their excessive use of force and callous indifference to his distress. Police training needs to double down on de-escalation tactics. But Floyd’s death should not undermine the legitimacy of American law enforcement, without which we will continue on a path toward chaos. 

*Costanza is a character on TV's Seinfeld. He used this "defense" while in the process of being fired by his boss for having had sexual intercourse with the cleaning woman on the desk in his office. 

Email us (at nmpj@dfn.com) with your feedback, comments, questions, and ideas.

[A guest editorial, by Editor Emeritus, former State Senator Rod Adair]

A few observations:

Can the President use the Army to enforce the law and to quell riot and violence, and to protect lives and property?

The three-way Republican US Senate primary promises to be an interesting race to watch Tuesday night.  Supporters of Gavin Clarkson and Elisa Martinez are claiming that the race is very tight and say it will provide the surprise of the night. 

We don’t necessarily agree with that analysis, but we can't help but notice that there have been developments worth reporting.

In early April, Mark Ronchetti released a survey, which we wrote about, that showed him with a strong lead over the other candidates. However, on April 27th, a video surfaced in which Ronchetti was shown jokingly referring to President Trump as "the orange one.” This video was from some time back when he was still working for KRQE-TV, where he served as its chief meteorologist for many years.

Ronchetti's opponents pounced. Gavin Clarkson notified this publication and had a YouTube video up within hours, followed by TV ads.  

Ronchetti Situation became Similar to the Herrell-Chase Argument: Who Likes Trump? 

Clarkson was the first to put a television attack ad together on the subject, and then Martinez followed suit. With the Ronchetti video surfacing five full weeks ago, Ronchetti's opponents have had tons of time to drive home their negative message. And they have.

To be fair to Ronchetti, since he entered the senate race, he has consistently stated that he supports President Trump and his policies, but that did little to stave off the attacks. Clarkson and Martinez had picked up on lessons from the Herrell-Chase contest and had decided that—all other issues be damned—voters needed to decide the nominee on the basis of the purest and longest-lasting Trump love.

We have covered this same ridiculous "debate" before in our analysis of the CD2 GOP primary.

Readers of NMPJ know how we feel about this completely anti-intellectual, philistine, 100% lowbrow approach to political discussion and debate: We absolutely hate it. We think it is beyond ignorant and is totally demeaning to the voting public.

This is for a number of reasons. Perhaps most ironic of all—and to be fair, irony is lost on thousands of voters—Trump himself has hired his most vocal critics, including his current press secretary, who was brutal to him. At least Trump apparently recognizes that you need people of ability, even if they've made fun of you before. But what do we know?

In any case, we must ask: "Is Ronchetti strong enough to weather the storm?" His supporters think so and argue he is the strongest candidate with the most compelling message. 

Anti-Ronchetti Forces in Full Attack Mode

In fairness, the anti-Ronchetti forces have been in full attack mode since he entered the race in January and long before any video surfaced. Many chalk that opposition up to jealousy on the part of Republican Party elites and insiders who felt entitled to choose the Republican nominee themselves. They were apparently very offended by the entry of an outsider like Ronchetti stealing their thunder.

Albuquerque radio talk show host Eddy Aragon (at left) began attacking Ronchetti immediately and has only grown more venomous over the past few weeks. To be fair to Aragon, last fall he said that NONE of the Republican candidates were any good—he dismissed not only Clarkson and Martinez, but also then-candidates Mick Rich and Louie Sanchez as simply not measuring up to the stature required to beat the former casino dealer Ben Ray Lujan.

And who did measure up? Well, Eddy thought it was Eddy himself. In dismissing all of the Republican candidates, he said he would actually enter the race, as his ability to articulate the issues is essentially unparalleled. However, after that announcement didn't go over that big, Aragon announced he would run as an independent.

Then that didn't go over so well either. Ultimately, he failed to file for the office in February and in a reappraisal of the situation ended up declaring that Elisa Martinez was "the one" after all, and that he was "all-in" for her. 

UPDATE on Eddy: Aragon switched his endorsement from Elisa Martinez to Gavin Clarkson in May, noting that Clarkson had raised the most money and complaining that Martinez had "texted, rather than called," the one donor Aragon is influential with to ask for a contribution. We presume Eddy considered that to be "dissing" his donor, and that was just too much for him to take.

Since then, Aragon has spent the better part of this month relentlessly attacking Ronchetti on his radio show and in social media. Many dismiss Aragon as having a tiny audience, but Aragon claims to possess a megaphone capable of flipping races. He has told numerous people that he has a daily audience of many thousands. 

In any case, we’ll soon find out if Aragon is as powerful with Republican primary voters as he claims, or if his megaphone is really that of a carnival barker, with an actual audience of about 150, with him going unheard by the overwhelming majority of Republican voters.

Social Media Warriors: Crusaders or Trolls?

Meanwhile, former Democrat intern and campaign volunteer John Block has emerged over the months, continuously and mercilessly attacking Ronchetti on social media. The irony of a former Martin Heinrich intern and volunteer for Mayor Tim Keller's campaign awarding himself the position of judge and jury of the conservative Republican purity test has been noted by many.

Yet, Block (shown while working on the Keller mayoral campaign) is oblivious and, with a straight face, claims to be channeling the feelings of Republican primary voters and Trump supporters.  Block has gone so far as to expend funds on Facebook ads asking voters to vote against Ronchetti (this spending might raise a few eyebrows over at the Federal Elections Commission, but that’s a different subject). Again, we will find out on Tuesday if John Block is the shepherd of Trump voters like he claims.  

The Money Race

To his credit, Gavin Clarkson has surprised us, raising and spending the most money of anyone in the campaign, which refutes the narrative that we had actually believed, which was that Ronchetti probably led in fundraising. Clarkson correctly pointed that out to us recently. Clarkson's latest report showed $1,088,918 raised. 

Mark Ronchetti did raise an eye-popping $675,000 in his first quarter of fundraising and has continued to receive strong financial support even after the COVID-19 economic shutdown slowed fundraising for all candidates. Ronchetti’s campaign says his fundraising has been driven by thousands of small-dollar contributors who are looking for a conservative outsider. His most recent filing, however, has him at $850,343, lagging behind Clarkson by some $238,000.

As far as being outspent, the Ronchetti campaign says it is unconcerned and asserts it has been far and away the most efficient with its resources, avoiding the pitfalls that waste hudreds of thousands of dollars on consultants and vendor projects that do little to move voters. 

While Elisa Martinez had been lagging behind her competitors in overall fundraising, she has received a notable boost down the stretch with the help of a maximum contribution from the husband of State Republican Party Executive Director Anissa Galassini Tinnin and a handful of other party insiders, including Mark Murphy of Roswell.

Given that infusion, we can only conclude that her recent surge is extremely strong, as she has a vastly greater statewide TV presence than either Clarkson or Ronchetti. That being the case, we would presume that her $418,554 on her last report is not reflective of how the donations will have been in May, which have to have pushed her into something on par with Ronchetti now, and possibly even close to the fundraising frontrunner Clarkson.

It is clear that the establishment elite has tried to coalesce financial support behind Martinez in the closing weeks. This has allowed Martinez to come with a huge broadcast television buy down the stretch, which as we noted earlier, attacks Ronchetti for his “orange one” joke. 

This must bode ill for Ronchetti. The simple reason for that is that it would be bizarre and counter-productive for Republican Party leaders to fund an attack ad like Martinez's against someone who had increasingly been seen as the presumptive Republican nominee, UNLESS they sincerely believe the race is neck and neck and that such an ad could pull it out for Martinez.

We would further note that if that is not the case, then it would raise some extremely serious questions about their judgment and about their commitment to Republicans winning the seat in November. 

Insiders Coming on Board for Martinez

House Minority Leader James Townsend

Along a similar vein, Martinez has also earned the endorsements of many political insiders, including Republican House leader James Townsend. It begs the question again why Townsend would wade into this race at this late stage, unless he believed his endorsement would sway the electorate.

Either he believes that very strongly, or he will have quite a bit of egg on his face on Tuesday. This is especially true since he is the Trump campaign chair in the state. Having the position of Trump Campaign Chair would cause most thoughtful and knowledgeable political leaders to remain strictly neutral during a primary season—in every single race—so as not to offend Republicans whose unified support they will need, and so as not to embarrass the President.

But Townsend is defying that norm, running all over the state, involving himself in every primary he can weigh in on. Of course, this is the same Townsend who is one of the architects of the devastating and historic loss, in 2018, of over one-fourth of his own caucus, while he was spending all of his time playing in a congressional race (CD2) that he also lost. So who knows?

Former Senate candidate Louie Sanchez

Another very curious development is the new role taken on by former senate candidate Louie Sanchez, who has become a very vocal supporter of Martinez and a rabid critic of Ronchetti. This has occurred since mid-March, when Sanchez dropped out of the race after he was unable to secure 20% support at the GOP state nominating convention, and after he had raised only about $50,000, while spending over $100,000 and ending up in debt.

We say this is curious for him to suddenly claim to be the voice of the Republican grassroots because Sanchez has had no involvement at all in Republican politics prior to his short-lived Senate campaign. In fact, Sanchez had never even voted in a Republican primary. So, it is very strange for him to act as though he’s been working tirelessly in the Republican trenches for decades.

Nonetheless, this hasn’t stopped Sanchez from posting shrill attacks on Facebook against Ronchetti about the need to elect “true” Republicans. Some claim this is all driven by Sanchez’s consultants who are trying to set Sanchez up to run for Governor in two years. 

We see that as a plausible rationale for his advisors and handlers, however, we question the wisdom of this strategy. Rather than make a great name for Sanchez, this "strategy" seems more likely to mark Sanchez as some sort of troll and to increase the number of Sanchez detractors. In other words, his inexplicable vitriol and divisiveness could ultimately lead to a Sanchez campaign for governor being as short-lived as his ill-fated Senate bid. 

Nevertheless, Sanchez is all-in with Elisa Martinez and—along with Aragon, Townsend, and other state party leaders—we’ll find out how persuasive he is with Republican voters on Tuesday, or if he’s shot himself in his other foot. 

What About the Ronchetti Campaign?

For his part, as best we can tell, Ronchetti appears undaunted by the attacks and has stayed largely focused on taking his message directly to Republican voters via social media and advertising. His television and radio ads have remained positive and they have driven a conservative message with a notably and relentlessly optimistic bent.

Those positive ads stand out on airwaves that have been flooded with negativity the past few weeks. It seems to us that Ronchetti is seeking to appeal to Republican primary voters in a specific and unique way that he hopes will also attract independents and conservative Democrats. 

To us, his approach has been one of textbook image-making, a candidate who is giving a positive, conservative message, while holding out the possibility of winning over voters in the fall. It's the same approach used by extremely "likable" candidates in campaigns past. Ronald Reagan comes to mind. It’s why so many Ronchetti supporters believe he is the only one capable of defeating Ben Ray Lujan in November.

It has to be said, however, that Ronchetti hasn't completely ignored his opponents. He has responded to the attacks against him in direct mail. We sift through post office trash, and we've found mail pieces in which he is pointing out that Elisa Martinez failed to pay her 2010 state income taxes for 8 years and previously worked for a liberal immigration group called the “Libre Initiative.”  That group openly supported amnesty for illegal aliens.

We've also seen mail in which Ronchetti has responded to Clarkson’s attacks by pointing out how Clarkson has supported liberal candidates and causes, including attending a pipeline protest in North Dakota in 2016 with a leftwing "environmental" group.

These mailers probably represent a very small part of the Ronchetti advertising campaign, but they are great uses of resources. He is able to target likely voters with the kinds of messages they need to see about both his opponents.

Meanwhile, the overwhelming bulk of his messaging has been conducted on television, where all voters, including Democrats and independents, are watching and where everyone can get a feel for his vision. Significantly, Ronchetti doesn't even mention his opponents at all on the TV screen.

We have to admire this approach in which his negative messaging is targeted via direct mail to likely primary voters, while his TV is all positive.

But will the Ronchetti strategy of remaining positive on TV work? Or will the negative attacks of his opponents—funded and supported by party elites—seal this outsider’s fate? 

We’ll find out on Tuesday evening, most likely by around 9 PM. Although, with this COVID-19 effect, the tabulating of absentee ballots may push that timeframe to 10 or even 11 PM. Who knows?

Email us (at nmpj@dfn.com) with your feedback, comments, questions, and ideas.

A Key Issue that—If Left Unchallenged—Will Adversely Impact the 2020 New Mexico General Election

Last month, the Democrats filed suit to try to get the Supreme Court to implement an “ALL mail-in” election for 2020. 

The New Mexico Supreme Court denied the Democrats' all mail-in election idea, but instead ordered the Secretary of State (SOS) and the county clerks to mail to all “registered” voters an absentee ballot application. (Many people erroneously still believe we are having an all-mail primary, but we are not.)

The Significance of an All-Mail Election (Which Most People Still Don't Have Straight in the Minds)

If the Democrats had had their way with the Supreme Court, then every Democrat, Republican, and Libertarian would have been mailed an actual ballot—ready-to-vote—in early May.  Or at least that would have been the idea. The reality, however, is that a ballot would have been mailed to every mailing address listed in the voter file.

In other words, there are no real means of ensuring that individual registered voters are actually having a ballot delivered to them. The only thing that can happen is that ballots are mailed to either a residential address where a voter says he or she gets mail, or to a Post Office box, if a voter has indicated that preference for mail delivery.

An all-mail election is particularly problematic for New Mexico because the statewide voter file is not maintained. For just one example of the bloated condition of the voter file, a recent Bernalillo County School Board election that was "all mail-in" resulted in more than 30% of the ballots being undeliverable. 

All that mail was "undeliverable" because the registered voters had long since moved. And while a number of those moves may have taken place only a couple of years earlier, many of them had taken place 7 or 8 years ago, or possibly as long ago as a decade. That's how terribly inaccurate the voter file is.

We Have a Primary in Which all Eligible Voters Have Been Sent an Absentee Ballot Application

Instead of an actual votable ballot, which the Supreme Court would not allow the Democrats to mail—because the law says the SOS/Clerks cannot do that—the SOS was limited to sending out applications for a ballot. So individual voters have to decide if they want a ballot sent their way or not.

HOWEVER, MOST SIGNIFICANTLY, though she was denied the “all-mail election,” the SOS decided to seize the opportunity to unilaterally change the absentee ballot application form. On these new absentee ballot applications which you have been sent, the SOS has:

1) pre-populated every voter’s name—even though that is information which is supposed to be provided only by the voter

2) printed each voter’s unique random identification number—something no voter even knows exists, and which is also not allowed by law to be printed on the application

3) provided a bar code, so the county clerks can scan the applications when they come back in—which is also not permitted by law to be printed on an application, much less a ballot

Our Election Code very clearly provides that an application shall be designed so that spaces are provided in which the name, registration address, and the year of birth can be filled in. However, it is also clear that all of that information is "to be supplied by the applicant." (§ 1-6-4 (B))

What Can be done with this Unauthorized Information on the (previously blank) Form?

Anyone—any candidate, individual, party organization, or special interest group—who can purchase a statewide voter file, can simply filter the unique voter identification numbers provided by the SOS and immediately have the means of filling in the registration address and year of birth—to go with the voter’s pre-printed name, which the SOS has furnished.

At that point, anyone in possession of these applications has had the ability to send in a perfectly valid request for an absentee ballot. And the additional bar code will make for immediate processing. In fact, the bar codes—now supplied on ballot outer envelopes as well—actually encourage the elimination of any kind of manual verification of data. 

Danger Lies Ahead

While the implications for the primary are relatively insignificant (after all it’s only D v. D and R v. R), the groundwork is clearly being laid for this same process to be used in the General Election. And the potential for misuse/fraud in absentee balloting is very clear: with some 30% of our statewide voter file completely out of date, hundreds of thousands, perhaps 350,000-400,000 of our 1.3 million registered voters, will not be at the address to which these applications will be delivered.

The presence of upwards of 400,000 absentee ballot applications with names already printed on them, with unique identifiers on them, and with bar codes for easy processing on them presents an enormous opportunity for the mail-in of thousands of completed applications that may be completed by someone other than the actual voter who is supposed to cast the vote. 

Groups with questionable reputations, like the infamous ACORN (now disbanded) and its successor organizations like OLÉ (which is very active in New Mexico), are specially positioned and suited—due to their experience and practice (discussed below)—to take enormous advantage of the information provided in the new unlawful absentee ballot applications.

In other words, ballot harvesting has just been made vastly simpler and less time-consuming for any group willing to participate. And in New Mexico, those groups are more than willing to participate.

Email us (at nmpj@dfn.com) with your feedback, comments, questions, and ideas.

Many people are calling us, telling us their views that the Rio Grande Foundation, a tax-exempt, so-called "non-profit" organization, which styles itself as a "think tank," has begun to get way out over its skis. One caller told us she had just "un-liked" the RGF Facebook page over its extreme meddling in Republican primaries, as well as its gross misrepresentation of issues to the voters.

We have to say that we can see where the RGF's lecturing to conservatives about "just how the cow eats the cabbage" can become not only tiresome, but downright irritating. This is especially true for those voters who really understand conservatism and the myriad differences between conservatism (which is not an ideology) and libertarianism (which is an ideology). 

One thing Republican voters, especially conservative Republican primary voters—everywhere, not just in New Mexico—must keep in mind, is that the Rio Grande Foundation is NOT a conservative organization—not by a long shot. Not even close. It has always been oriented toward libertarian politics, featuring programs and guest speakers who promote the thinking of the famous Ayn Rand. Rand, unlike conservatives, was an avowed atheist.

As for its recent activities in New Mexico Republican primaries, "weighing in" is what the group calls it. It's their euphemism for "taking sides." And that's a risky thing for an organization that lives off its tax-exempt, special protections that most Americans do not enjoy.

Libertarians (Rio Grande Foundation) v. Conservatives: What are the Differences?

It is true that there are some similarities between conservatives and libertarians. They both believe strongly in individual liberty, limited government, and free markets. So many times those shared views can lead to cooperation on a number of public policy issues.

However, there are also stark differences on matters such as national defense, the armed forces, foreign policy, immigration—including illegal immigration—the death penalty, drugs (and across the board drug legalization), surveillance, marriage and the family, and the ability of individuals to express their faith, including the recognition of the role of religion in our nation's history, as well as its influence on public policy.

Here are just a few of the issues of the day, and where libertarians and conservatives line up on each:

Issue                                     libertarians                                                               conservatives

Taxation                                  Oppose increased taxes                                           Oppose increased taxes

Immigration                            Oppose Restrictions                                                  Believe in Restrictions and limits

Illegal Immigration                  Support Open Borders (liberty)                                 Strongly Oppose, must have control of borders

Abortion                                  Support, without limits                                               Oppose, or oppose except in certain circumstances

Legalization of hard drugs      Support legalization of practically all drugs (liberty)  Oppose

Recreational Marijuana          Support                                                                      Many conservatives support, many oppose

Medical marijuana                  Support                                                                     Most support, minority opposed

Death Penalty                         Oppose (they believe it comes from "religion"         Support (though not all conservatives do)

Marriage                                 Support for any persons who "love" each other       Tend to support "traditional" marriage

Gun Rights                             Support the Second Amendment                             Support the Second Amendment

Religious Expression              Emphasize the "establishment" clause                    Emphasize both "establishment" and

                                                                                                                                "free exercise" clauses

Gender                                   Support "liberty" ("however many there are")           Believe in two basic, biological sexes

Libertarianism shares a number of public policy positions that are supported by traditional conservatives. But these tend to be related to economics and taxation. With regard to social and cultural issues, libertarians tend to be much more aligned with liberals and the modern Left.

Libertarianism sees itself as being a political ideology that asserts the natural order of things is total liberty. As one example of this ideology, it embraces the view that a woman, for example, has "total control" of her own body and therefore can do whatever she wants with a fetus, up to and including the ultimate stage of birth.

Conservatives, on the other hand, would argue that a fetus is not merely an organic "part" of a woman's body—much like a kidney, gall bladder, or spleen—which can and should be dispensed with in whatever manner she chooses. Rather, they would argue that a fetus is a separate, living entity, and not merely an incidental body part.

Libertarian RGF Butts in on the Senate District 41 Race: David Gallegos v. Gregg Fulfer

Yesterday, the Rio Grande Foundation butted in to the campaign for State Senate District 41, by siding with current Representative David Gallegos. 

All around the state, dark money operatives are going overboard to win elections, breaking all precedent in terms of outrageous claims and slanders against their targeted enemies—and those "enemies" always turn out to be the most conservative, common-sense candidates in the contests.

Senate District 41 in the far southeast corner of the state is no exception. In a district that consists of the southern halves of both Eddy and Lea Counties, incumbent Republican State Representative David Gallegos is challenging incumbent Republican State Senator Gregg Fulfer.

Gallegos has come under some criticism for making the race, considering that Republicans hold precious few seats in either house, and that many rank-and-file Republicans believe precious and scarce campaign funds should be directed at unseating Democrats rather than spent to merely satisfy personal ambitions about moving to the upper house.

Gallegos Announces His Motives—And they Aren't Pretty

On March 1st in the Hobbs News-Sun, Gallegos began his campaign by telling voters that he was motivated by anger at not being chosen to replace retiring Senator Carroll Leavell, 17 months ago. In his full-page ad, Gallegos 
described the Lea and Eddy County Commissioners as criminals for not selecting him, accusing them of violating the law, engaging in backroom deals and dishonest, secret plots. 

What was the reason for those charges? Gallegos had been sending out emails for several months, essentially telling anyone who would listen that it was time for Senator Leavell to step down. And in those same emails, Gallegos was lobbying hard to have himself appointed to replace the 82-year-old senator. 

So when the Eddy and Lea County Commissions voted, 3 to 2 and 4 to 1 respectively, to appoint Gregg Fulfer, the only thing Gallegos could conclude was that the county commissioners must have committed some sort of criminal act. At least that's what his allegations amount to.

In addition to these reasons for being motivated to run, Gallegos also said on Facebook that he wanted to have "a four-year term rather than just a two-year term."

As far as we know, none of the commissioners Gallegos has accused of crimes has turned out to be enthusiastic about his candidacy.

Unprecedented Tactics

Fulfer ran a very positive campaign throughout April and early May, with very little being heard from Gallegos. Then Gallegos suddenly struck on radio, in mail pieces, and in newspapers, attacking Fulfer in very vicious terms, accusing him of being every possible negative descriptive they can invent. 

Gallegos has repeatedly attacked Fulfer for being a "lifelong Democrat" who supposedly changed his party affiliation "just before" his appointment. This is weird because both Gallegos and Fulfer have been Democrats most of their lives. Gallegos changed his registration a few years ago and Fulfer changed five years ago—long before his appointment. 

A Federal PAC is Now Smearing Fulfer—And it's a PAC that has Joined Forces with Democrats

In recent days, a PAC headed up by a pro-abortion political operative who has strongly supported Democrats in the past, has jumped into the race with a smear campaign against Fulfer. The same organization, using radio and TV ads produced by a couple of anti-conservative Republican operatives in Austin, Texas, has been deeply involved in smear campaigns against conservative Republicans in the past. 

Even though Fulfer is the only candidate in the race who has opposed Governor Lujan Grisham on all of her extreme issues, this PAC accuses Fulfer of being an ally of Grisham.  

According to one observer, "one dead giveaway in the ad is that John Billingsley is the only person we know who would spell oil with two Ls."

Ironically, considering their smears against Fulfer, this same PAC is working alongside the progressive Democrat PAC, Patriot Majority, as both of them are engaged in smearing Republican Claire Chase on behalf of Yvette Herrell—trying to persuade Republicans to nominate the weakest candidate, so that the Democrat can prevail in the general election.

Though this PAC which is now attacking Fulfer has nothing to do with Trump, and in fact goes against Trump ideas, the men behind the group chose to disguise their goals by naming themselves "Make NM Great PAC." The PAC is not registered in New Mexico, even though New Mexico law explicitly states that it must do so:

"If a political committee is located in New Mexico, and is required to register as a political committee under this rule, the political committee must register with the secretary of state even if it is also registered with the FEC."

—New Mexico Administrative Rule 1.10.13.10 (A) (4)

So in addition to blatantly false attacks on Fulfer, this deep-secret PAC is also violating New Mexico law in that it is not registered at all and is not filing campaign finance reports of contributions and expenditures.

Gallegos Using Campaign Funds Inappropriately

A New Mexico registered campaign committee called "Committee to Drain the Swamp" is running radio ads and sending out mail exposing Gallegos' use of his campaign donations. Gallegos has filed campaign finance reports using such terms as "reimbursement for out-of-pocket expenses." Such line items are not allowed under New Mexico law.

Gallegos has apparently "reimbursed" himself or his wife for "expenses" by paying off credit card charges.

Some of the entries state they that the "reimbursements" are for "campaign expenses" (which are not itemized or described) while some claim to be reimbursements for such things as "signs" or "materials."

In any case, even if all the entries happened to be truthful or accurate, such accounting is not allowable under New Mexico law.

Altogether, Gallegos has used some $38,000 of campaign funds in this manner.

Email us (at nmpj@dfn.com) with your feedback, comments, questions, and ideas.

What has become the most important issue for Republican primary candidates running in Congressional District 2 or in the US Senate Primary?

If you're thinking how to deal with the COVID-19 plague, you're wrong. If you think it has anything at all to do with rebuilding the economy you're also wrong. You're also wrong if you think the top issue is healthcare, or international trade deals, or China, or Russia, or border security, or the Middle East, or most anything else you're likely to think up.

No. Believe it or not, the top issue is "When did you first love Trump?" 

Or on what date can a forensic investigation determine when you first said something negative about Trump?

And then at what point can detectives determine when you subsequently had your "conversion experience" that was sufficiently satisfactory to prove to investigators that you are now in the Trump fold?

How many professions of faith in Trump can dance on the head of a pin? 

We are not making this up. For CD 2, it's all about whether Claire Chase or Yvette Herrell supported other presidential candidates in 2015 and 2016—and what was their attitude toward Donald J. Trump four to five years ago.

For US Senate hopefuls Elisa Martinez and Gavin Clarkson, it's their whole campaign: Did Mark Ronchetti make a joke about being anti-Trump?

Yeah, he did. Like millions of Republicans—even millions of Republicans who voted for him and who are going to vote for him again.

NEWS BULLETIN: Millions of Republicans—including Republicans who are his strongest supporters—make fun of Trump every single day!

As Seinfeld's Frank Costanza would say: "What the hell does that mean?" Answer: Not a damn thing.

How Logical is This? (Spoiler Alert: Zero—the "Logic Quotient" for this Issue is 0 — Zilch, Nada)

Five years ago, Kayleigh McEnany called Trump a "racist" and a "showman" who was an embarrassment and "not a serious candidate." Today, she is his press secretary, the spokesperson FOR TRUMP himself! 

This is proof positive that the Trump Administration is not following the Elisa-Gavin-Yvette-Claire logic, but instead is using the following kind of logic:

It's not what you thought of Trump five years ago, it's whether or not you support his policies today or believe that his administration has been successful.

But getting back to New Mexico. How's the Trump Administration logic playing in the Land of Enchantment?

Answer: It isn't playing at all. It hasn't cracked the Billboard top 100. Nobody is listening to it.

Yvette Herrell and Claire Chase are beating each other senseless over which one of them made a profession of faith in Trump the earliest.

Why does Trump himself and why do his handlers understand that the New Mexico "logic" makes no Sense?

Because if you actually believe the allegations made and the questions posed by the New Mexico candidates you have to disqualify far more than half of the Americans who ended up voting for Trump over Hillary Clinton. That's right, after all was said and done in the GOP nominating process in 2016, more than 55% of Republicans wanted someone other than Trump.

Does that mean that Trump needs to rail against them, holding a grudge over that? Or are the Trump advisors smart enough to realize that what is important is that the voters who supported Cruz, Rubio, Kasich, Ben Carson, and a dozen other Republicans turned around and voted for Trump in the general election?

We think they get that. Otherwise, Hillary Clinton would be president. And if they didn't get it, they'd be headed for certain defeat this November.

But do GOP candidates in New Mexico get it? And more important, do New Mexico Republican voters get it? Answer: We won't know until about 10 PM on Tuesday, June 2nd. 

But Wait, HERE COME THE DEMOCRATS

One group of people who are loving all of this is the Democrat Party brain trust, laughing their butts off at the nonsense. It's so damn funny to them that they have begun running ads on behalf of Yvette Herrell.

They are openly reinforcing the message offered by Herrell, which is: 1) do NOT vote based on each candidate's position on crucial issues, or 2) each candidate's ability to appeal to the general election, or 3) a candidate's ability to stand and deliver in debate, or 4) articulate the conservative argument, or 5) make the case for something better than Xochitl Torres Small, or 6) raise money, or 7) broaden the appeal of the Republican message, or 8) who has the greater winnability quotient?

No. None of that. The Democrats are copying the exact message of Herrell (and Clarkson and Elisa Martinez): any Republican who has not been continuously in love with Trump for five years is a bad candidate.

Think about it. If the Democrats are pushing that same "reasoning" process, how smart is it really? 

Will Republicans get it? As our previous article showed, they have a habit of not getting it. 

Email us (at nmpj@dfn.com) with your feedback, comments, questions, and ideas.

It appears any pretense that the Republican Party of New Mexico might actually adhere to party rules and remain neutral in various primaries around the state, has been lost.

Everywhere we look, Pearce appears to have deeply embedded himself—and his Sancho Panza-like Executive Director Anissa Galassini Ford Tinnin—in Republican primary campaign after campaign. Sidekick John Billingsley also shows up everywhere with "contributions" and verbal support for the Pearce team, in opposition to those Republican conservatives who are even more conservative than Pearce himself, but who will not join the Pearce personality cult, pledging total fealty to Pearce and the odd team of email thieves he's surrounded himself with.

After all, shouldn't the state party focus on winning more Republican seats? Instead of creating more life-long intraparty disputes and squabbles? Just so Pearce and Tinnin can maintain an up-to-date "enemies list" for themselves? 

To us at least, all of their machinations, picking favorites, and endless scheming seem pointless and destructive. 

Yesterday we learned that Tom Tinnin (recently married to the RPNM Executive Director) had donated $2,500 to US Senate hopeful Elisa Martinez. Reports recently made public establish that Anissa's mother, Rocky Galassini, filed with the Federal Elections Commission as the registered Custodian of Records for the Yvette Herrell campaign. Philip Pearce, Steve Pearce's brother, is the Herrell's campaign treasurer.

All of this kind of interference while simultaneously insisting that what we are seeing with our own eyes—improper meddling by the state party in Republican primary contests—is not really what we are seeing. And the kicker is that they expect us to believe that.

Lea and Eddy Counties

Everyone in Lea and Eddy Counties has complained about Pearce's takeover last winter of the Lea County Republican Convention, and his near-takeover in Eddy County. His purpose was to ensure that all state convention delegates in both counties would support Herrell over Claire Chase. 

In both instances, Pearce pushed out (or in Eddy County, attempted to push out) long-time activists and volunteers and imposed a group he had gathered up. One Lea County Republican stalwart told us: "Steve showed up with about a hundred people we had never seen or heard of before, and never will see or hear from again."

In Lea County, numerous political observers state that it was Pearce who recruited, or strongly encouraged, incumbent State Representative David Gallegos to challenge incumbent Republican Senator Gregg Fulfer. This of course has resulted in an extremely expensive primary battle that in the end will probably have cost Republicans hundred of thousands of dollars. That is money that could have been used to take on sitting Democrats.

According to our sources:

"Steve would rather have folks on 'his team' or his own 'devoted followers' in office, even if the sitting Republican is a strong conservative and doing a good job."

This is certainly the case in State Senate District 41, where incumbent Gregg Fulfer is endorsed by the National Rifle Association, recommended by Right-to-Life, has continuously battled Governor Lujan-Grisham, and has the endorsements of such stalwarts as Eddy County Sheriff Mark Cage—one of the most vocal and influential conservatives in the state.

Fulfer also did something no first-year legislator has been able to do: he got $350 million to four-lane the state's most dangerous roads, and make huge improvements on US 285. (Gallegos, oddly, we are told, actually voted against that funding.)

CAGE ABANDONS HERRELL: SWITCHES TO CHASE BECAUSE OF HERRELL's UGLY AD CAMPAIGN

Tuesday, Sheriff Mark Cage announced that he has withdrawn his earlier endorsement of Yvette Herrell. Cage endorsed Herrell when she was the only candidate in the race.* Cage had this to say about his earlier endorsement and his change of view: