Secretary of State to Affirm Hearing Officer's Ruling That Court of Appeals Candidate Dennis W. Montoya Doesn't Qualify for Public Funding

According to an article on the Albuquerque Journal website tonight, New Mexico Court of Appeals candidate Dennis W. Montoya will not be getting public funding for his Democratic primary campaign challenging incumbent Court of Appeals Judge Linda Vanzi. Whoever wins the Democratic primary will win the general election because no Republican candidate is running for the Court of Appeals slot.

A hearing was held Wednesday before an attorney to deal with an appeal filed by Montoya disputing an earlier decision by Secretary of State Mary Herrera to disqualify Montoya for public campaign funding based on reports he submitted to her. The hearing officer agreed with Herrera's decision, and Herrera intends to affirm Montoya's disqualification:

Arthur Waskey, a Santa Fe lawyer, said that Montoya did not provide sufficient evidence that the disqualification was improper, and that Herrera's decision should be upheld. Deputy Secretary of State Don Francisco Trujillo said Herrera planned to sign a letter Friday affirming Montoya's disqualification.

Although Montoya can appeal the decision to the state District Court, the Journal article reported he hadn't responded to a question on whether he would do so.

The Secretary of State originally ruled that Montoya was disqualified because he contributed more "seed money" to his campaign than candidates are allowed under the rules for public financing. Herrera also stated that Montoya violated another section of the campaign law that states candidates can't accept $500 or more or spend $500 or more and still qualify. (See my earlier post.)

The Journal article also provided a quote from Judge Vanzi in response to the latest ruling:

"For the public financing law to earn public support and have integrity, strict compliance with the rules is absolutely necessary," Vanzi said in a statement. "I'm pleased that the recommendation to the secretary of state is to protect taxpayers' money."