After months of legal wrangling the NM Project threw in the towel Monday and agreed to settle the case brought against them by the State Ethics Commission, agreeing to fully comply with state campaign reporting laws and disclose all of its donations and expenditures. (Full settlement here.)

District Court Judge Joshua Allison had rejected the Project's argument that it was not required to report to the state because it was an educational group exempt from such reporting by federal regulations.

The group further asserted it was advocating for issues important to Hispanics and not directly supporting the conservative legislative candidates listed on their website. 

Project co-founder Jeff Apodaca, a Dem Guv candidate in 2018 and son of former Gov. Jerry Apodaca, had told us the group would appeal the court ruling but Monday the Ethics Commission announced they have prevailed and settled the matter:

TNMP Inc. will. .  .disclose information relating to its donors and expenditures, providing New Mexicans with necessary information regarding who is attempting to influence their votes. The settlement includes that (TNMP) register as a political committee with the Secretary of State. . . shall file with the Secretary of State all required reports of its expenditures and contributions. . .shall provide a check to the State for $1,000, corresponding to a civil penalty for a violation of the Campaign Reporting Act. 

Jeremy Farris (Sun-News)

“The State Ethics Commission remains committed to ensuring that New Mexico’s campaign finance laws are followed,” said Jeremy Farris, Executive Director. The Commission’s commitment to disclosure and to the rule of law is independent of and irrespective of the content and viewpoint of political speech. This settlement. . . reinforces the importance of transparency in New Mexico’s political process. The Commission will continue to work to protect the public’s right to know who is funding efforts to influence New Mexico’s elections.”

Apodaca and Project attorney A.Blair Dunn, came with this response:

(We were) able to reach an agreement with the Ethics Commission that allowed for transparency in elections while pushing for reforms in the Commission regarding the process by which they address concerns for violations of law and constitutional protections for private citizens. Jeff Apodaca. . .stated “The New Mexico Project has never been a Dark Money PAC. We are a 501(c)(4) organization committed to advocating for First Amendment rights, with a focus on amplifying Latino voices and ensuring our votes matter. . .

Attorney Dunn said "we appreciate that we have been able to have the Ethics Commission hear our concerns . . . regarding how Commission staff interacts with members of the public. We hope that litigating this matter has shed important light on the needs for due process versus a rush to judgment coupled with statements to the media to attack citizens and will push needed First Amendment reforms in all state agencies.” 

Apodaca says the group will continue "to stand up for Latino voters across our cities and state, challenging the attacks from these ultra-liberal progressives who target our Latino political leaders—leaders who truly represent our interests.”

The Project was ordered to file its donations and expenditures by October 2. They spent money for radio ads in the primary and Apodaca has said the group also plans on spending for the general election.

ANOTHER BATCH

Another batch of polling has dropped, confirming that Sen. Heinrich holds a commanding lead over Republican Nella Domenici and that MLG's approval rating is below the key 50 percent mark but not in the cellar. 

In the survey conducted by SurveyUSA online Sept. 12-18 for KOB-TV Heinrich gets 47 percent, Domenici 34 and undecided is 19 percent.

The margin of error is put at plus or minus 5.4 percent. 

Never mind that Heinrich is below 50. The big news in all the Senate polling has been Domenici's inability to break the 40 percent mark. Actually, it's kind of startling.

The assumption is that she will move to the low 40's in October as more undecided break, but landing in the winner's circle is a longshot. 

MLG'S approval rating in the SurveyUSA is 47 percent and her disapproval 45 with 8 percent not sure. That's her best showing in three recent polls. Her approval rating average from the trio of polls is 44.3 percent. 

Not that the numbers mean all that much. She has already gone bust with the legislature and can't seek re-election but she continues to be mentioned as a possible appointee if VP Harris takes the White House.

SurveyUSA results of the southern congressional district race are also expected this week. 

This is the Home of New Mexico Politics.