SANTA FE, N.M. (Legal Newsline) – The State of New Mexico says a pro-Trump group has no argument in its challenge of campaign reporting laws.
On Sept. 22, Secretary of State Maggie Toulouse Oliver moved for judgment on the pleadings in a lawsuit filed against her by a group called Cowboys for Trump that says it shouldn’t be forced to comply with the New Mexico Campaign Reporting Act.
Oliver says, though, the group is a political committee – a finding upheld in arbitration that required Cowboys for Trump to pay fines for failing to comply with the CRA in two previous election cycles.
In its lawsuit, Cowboys for Trump says the CRA violates its rights to free speech and association and challenges other aspects of it.
“Plaintiffs’ claim challenging the 2017 regulation is moot because the regulation was superseded in 2019 to comport with recent statutory amendments to the CRA,” attorneys at the state Attorney General’s Office wrote.
“Second, with respect to Plaintiffs’ First Amendment claims, Plaintiffs repeatedly allege that they ‘have not and will not’ make any financial contributions or independent expenditures that would subject them to the registration, reporting, and disclaimer requirements of the CRA.
“As a result, Plaintiffs have failed to allege an injury in fact that can be redressed in this proceeding and therefore lack standing. And third, Plaintiffs have failed to demonstrate that they are subject to Section 1-19-26.1(E) or would benefit from a ruling that the provision is preempted. Plaintiffs similarly fail to state a claim that the CRA is preempted with respect to the regulation of political committees that support state candidates or state ballot questions in state elections.”
The law requires groups that advocate for candidates during elections must register with Oliver’s office, disclose their members and contributors and place a sponsorship disclaimer on their materials.
“The SOS has never alleged that Cowboys for Trump has attempted to influence state elections through independent expenditures or by any other means,” the lawsuit says.
“This indisputable fact is key, Cowboys for Trump has not expended a single penny on independent expenditures in support of or in opposition to any candidate for office, much less a state office.”