Two Citizens File Complaint Claiming NM Legislature Candidate Julian Luna Is Violating Hatch Act and Campaign Reporting Law

Two voters in Valencia County’s 8th House District sent a letter (pdf) today to Sandy Perez, the Director of the State Personnel Office, A.J. Salazar, the Director of the Bureau of Elections, and Governor Richardson, claiming that Julian Luna is campaigning for a partisan political office in violation of multiple state laws and regulations. Luna is the Executive Director of the State Racing Commission. The two District 8 residents who signed the letter are Albert Chavez of Belen and William Pratt, M.D., of Bosque Farms.

According to their letter, Mr. Luna is hosting fundraisers, having polls conducted on his behalf, and purchasing campaign materials. Because Luna has yet to take a leave of absence from his job at the state, it is against the law for him to be a candidate for a partisan political office, according to New Mexico’s version of federal Hatch Act laws.

Mr. Luna also failed to file the most recently due campaign contribution and expenditure report, required under the Campaign Reporting Act, on October 13th, 2009.

In response to this news, Rep. Elias Barela, who currently represents the 8th District, said in a statement released today, “It appears as though Julian Luna is breaking two laws, by working at his state job while he campaigns, and also by refusing to file the campaign reports that are the only way the public knows who is giving him money and support. I don’t know why he’s choosing secrecy and trying to hide his campaign from the public eye, but the voters of Valencia County deserve better.”

As for the laws themselves, Barela said, “The intent behind these laws is to prevent people with incredible power from improperly using that power to raise money and campaign for office. The public is tired of politicians who wield their influence in State Government for personal political gain.”

He added, “Since Mr. Luna meets the definition set out by the Secretary of State for what qualifies a candidate, and since he is actively campaigning, he should comply with the letter and the spirit of these laws, which are there to prevent the appearance of corruption in State Government.”

Click for a copy of the Campaign Reporting Act and the section of New Mexico law that deals with the Hatch Act.