Today's court deadline requiring the New Mexico Project to report to the state who gives the PAC money and how they spend it will come and go without any compliance as the group appeals the decision to a higher court. 

That's the word from businessman and politico Jeff Apodaca who tells NM Politics with Joe Monahan that the Project, whose aim is to oppose progressive interests and increase Hispanic influence in elections, will appeal the ruling by District Judge Joshua Allison to the NM Court of Appeals and if necessary to the state Supreme Court. 

We asked the State Ethics Commission (who brought the lawsuit) to testify at the court hearing because we have evidence that they are not following up with progressive PACS that have not registered or filed with the state. But we never got the chance to show that evidence. We're just following what's permitted under IRS regulations. We're a  501 (c) (4). They did not prove that we spent any money on ads promoting specific candidates. We are educating Latino voters on issues important to us and we have the right to say what candidates support our issues. Our donors have nothing to hide but the progressives have a history of attacking donors or companies that don't support their candidates so we want to keep them private.

Judge Allison said in his late August ruling in favor of the Ethics Commission that the Project must register with the state as a political committee and report their donations.

Failure to do so ... frustrates the purpose of the Campaign Reporting Act: to shine light on those who seek to influence our elections. . . The people have a right to know who is paying for TNMP’s political advertisements before they cast their ballots. 

(The full order is here. The Ethics Commission's full motion for the order is here.)

The Project is asking that enforcement of the court's order be stayed as they file their appeal. Apodaca said they want the judge to allow the PAC to call witnesses, including himself, to show evidence they have done nothing wrong, saying the judge did not allow any witnesses at the original hearing.

The Project spent money on ads during the primary election and Apodaca says the group plans to be active in educating voters in the general election but the court ruling has hurt fund-raising. 

We have lost some of our donors because of the damage to our reputation. We plan on being involved (in the November election) as long as the courts don't shut us down but we have to raise additional funds. . . That was the progressive intent all along--to hurt us financially.

Asked about  an April statement he made here that the Project had raised "close to" $1 million. Apodaca now says that number was "what we hope" to raise.

It's been confirmed that the group has received money from real estate interests and our sources inform that oil and gas interests have also been donors but the total amount raised remains unknown.

When forming the PAC earlier this year, Apodaca told us:

Progressives have been attacking Latinos and electing candidates in the last three elections that do not reflect our communities. I give them credit for getting their vote out but their policies have caused more crime, fewer job opportunities and a failure to deliver on healthcare. They are attacking our Latino candidacies, culture and legacy and it's time for us to respond by getting our vote out not just in presidential elections but all elections.   

ANALYSIS AND CONTEXT 

The dominance of progressives in the state's political dialogue has been on the upswing since 2020 but the sticky issues of crime, homelessness and job opportunities remain prominent.

Some of these issues gave rise to a backlash against progressive politicians on the West Coast, such as California Gov. Gavin Newsom, who has moved to a more conservative approach.

New Mexico has seen the same with its Democratic Governor when it comes to crime but progressives have been reluctant to follow her lead. 

The question now is will the progressive hold remain firm or is the Apodaca pushback the start of a move to the center.

This is the Home of New Mexico Politics.