SANTA FE, N.M. (Legal Newsline) – A pro-Trump group has lost its challenge of a New Mexico campaign reporting law but will have the opportunity to amend its argument.
U.S. Magistrate Judge Gregory Fouratt ruled Dec. 30 against Cowboys For Trump, which is fighting its designation as a political committee subject to complying with the New Mexico Campaign Reporting Act.
By having to abide by certain terms of it (i.e. disclosing the identities of donors), the CRA violates free speech and association rights, Cowboys For Trump argued.
Fouratt ruled the group and a couple of its members failed to establish standing by failing to establish an injury in fact.
“Taken as true, the allegation that C4T has not and will not make ‘independent expenditures’ is significant,” Fouratt wrote.
“Indeed, it is dispositive, for this allegation removes C4T entirely from the scope of actors whose conduct the CRA purports to govern. The disclosure requirements at issue only apply to those making ‘independent expenditures.’”
Secretary of State Maggie Toulouse Oliver had moved for judgment on the pleadings on Sept. 22, seeking affirmation of an arbitration ruling that Cowboys For Trump is a political committee.
The CRA requires groups that advocate for candidates during elections to register with Oliver’s office, disclose their members and contributors and place a sponsorship disclaimer on their materials.
But Cowboys For Trump only engages in “educational advocacy” around the country in support of President Donald Trump and his policies.
“(T)he refuge offered by the federal court is not a forum for the general airing of miscellaneous political grievances a citizen or group of citizens may wish to air about the regulatory efforts of a government actor,” Fouratt wrote.
“The key to the door at the federal courthouse requires a concrete injury that is redressable by the Court in that case. The allegations in the Complaint filed here stop well short of opening the Court’s door.”
If the group can file a new complaint that shows why the campaign reporting law will negatively affect it, the case will move forward.