On March 11, 2021, Mayor Tim Keller announced the appointment of Lan Sena to the unexpired term of former City Councilor Ken Sanchez for Albuquerque City Council District 1 seat, Albuquerque’s Central Westside. Ken Sanchez passed away on January 1, 2021 and the council term expires December 31, 2021. The District 1 City council seat was on the November 2 ballot for the election to a 4-year term that begins on January 1, 2021.

On November 2, in the race for Albuquerque City Council District 1, Democrat City Councilor Lan Sena, 31, lost to Democrat and former APD police officer Louie Sandchez,(56).

On November 15, a $110 million bond proposal resolution was formally introduced to the City Council. The Gross Receipts Tax (GRT) General Obligation bonds resolution seeks to borrow $110 million to build a upwards of 16 major infrastructure projects around the city. The project list includes more than $45 million for improving parks, open spaces, recreational facilities, a new multi-generation center across from Cibola High School. Another $40 million will be dedicated to public safety projects, including updating the Albuquerque Police Department downtown headquarters north of city hall, the APD academy building, and other public safety facilities.

City Councilor Lan Sena is a co-sponsor of the $110 million bond bill and it requires union involvement in major city construction projects through the use of project labor agreements.

WANTING TO BE SWORN IN BEFORE TERM BEGINS

City Councilor Elect Louie Sanchez is now saying he should not have to wait until January 1, 2021 to join the city council, that he should be sworn immediately replacing Lan Sena so that he can participate in the December 6 city council meeting on the $110 bond package . Like City Councilor elect Dan Lewis, Council Elect Louie Sanchez is saying the 4 incoming councilors should be involved in such significant actions and said:

“This is a great deal of money. … It’s a big decision, and it’s a decision that shouldn’t be rushed.”

Sanchez is arguing that his November 2 election over appointed City Councilor Lan Sena means he is now the district’s rightful representative. He is correct only to the extent that he was elected to the term that begins on January 1, 2022 and nothing more than that. He was not elected to fill the last two months of former city councilor Ken Sanchez term.

Councilor Elect Louie Sanchez is asking City Clerk Ethan Watson to swear him in immediately replacing Lan Sena so that he can participate in the city council’s December 6 meeting where scheduled votes include the $140 major infrastructure spending package. City Clerk Ethan Watson contends that the recent city election legally was intended to fill a four-year council term that starts January 1, 2022 saying there is no vacancy and that Lan Sena is the City Councilor until December 31, 2020.

City Councilor elect Sanchez proclaims:

“According to the rule of law, I should be in office.”

City Councilor Lan Sena for her part said she has no plans to step aside before year’s end and said:

“When I signed up for this job, it was to fulfill the vacancy and the term of our late Councilor Ken Sanchez, and his term would have ended on the 31st of December.”

CITY CHARTER PROVSIONS

City Council Elect Louie Sanchez and City Clerk Ethan Watson are each relying on two separate sections of Article IV of the City of Albuquerque Charter governing the City Council. The two sections are Section 4 dealing with TERMS OF OFFICE and Section 9 dealing with VACANCIES IN OFFICE.

The City Charter Section City Councilor Elect Louis Sanchez relies on is:

“Section 9. VACANCIES IN OFFICE.

(b) If a vacancy occurs in the office of Councilor, the Mayor shall appoint a registered qualified elector of the district to fill the vacancy. Anyone appointed to fill a vacancy shall serve until the next regular election, at which time a person shall be elected to fill the remaining unexpired term, if any.”

The link to review the city charter provisions is here:

https://codelibrary.amlegal.com/codes/albuquerque/latest/albuqcharter/0-0-0-207#JD_CharterArticleIV

Sanchez argues that the City Charter provision mandates that he take office now since Sena is serving in an appointed capacity. Sanchez contends that the normal timeline for him to take office on January 1, 2022 does not apply to him and that he should be sworn in now and serve the last month of Ken Sanchez’s term.

The City Charter Section City Clerk Eathan Watson relies on is Section 4 entitled TERMS OF OFFICE and it provides as follows:

“The terms of the office of a Councilor, unless sooner recalled or removed, shall begin on January 1 following the candidate’s election and be four years or until a successor is duly elected and qualified. The Councilors may succeed themselves in office. The terms of office of Councilors shall be staggered with four or five districted Councilors elected every two years.”

City Clerk Watson argues that Louie Sanchez was elected to serve a specific term that begins on January 1, 2022 and he was not elected in a special election to serve any portion of an unexpired term the result of a vacancy.

BOTH BERNALILLLO COUNTY CLERK AND SECRETARY OF STATE MUST CERTIFY

Unlike all past municipal elections, the November 2 municipal election was administered by the Bernalillo County clerk and not the City Clerk. It was in 2019 that the New Mexico Local Election Act was passed by the State Legislature. The act mandates that all regular local election shall be held on the first Tuesday after the first Monday in November of each odd-numbered year, including municipal nonpartisan races such as Albuquerque Mayor and City Council. The act mandates that all local elections be consolidated on one ballot included municipal elections for mayor, city council, elected boards of educations, elected conservancy districts and flood control districts such as AMAFCA and bond elections.

https://codes.findlaw.com/nm/chapter-1-elections/nm-st-sect-1-22-3.html

It is well settled law that an elected official cannot be sworn into office unless and until the election is certified by the appropriate county and state officials. The Bernalillo County Clerk’s Office has certified the November 2 election results and the Bernalillo County Commission has voted to accept those results. The Bernalillo County Commission has forwarded those results to the Secretary of State. The Secretary of State has yet to certify the state wide election results, including the November 2 municipal election. No one in the state can be sworn into office until the Secretary of State completes the canvassing of all election held in the state

City Councilor Elect Louis Sanchez says:

“According to the rule of law, I should be in office” and proclaims he is considering filing a court action if needed to be sworn in. Sanchez said if he succeeds in taking office prior to Monday’s meeting, he would support delaying a vote on the bonds, adding that the incoming councilors should be involved in such significant actions.

In response to the threat of litigation by Sanchez, City Clerk Watson said:

“The City Clerk has made clear in correspondence with Councilor-elect Sanchez that [his] term begins on January 1, pursuant to state law. … [the County Clerk’s Election proclamation] made clear that that term was four years, not more than four years”. [I] cannot swear in any new councilors because the secretary of state has not yet issued a “certificate of election” to any Albuquerque candidates who won on November 2.

https://www.abqjournal.com/2450979/council-race-winner-pushing-to-expedite-swearing-in.html

COMMENTARY AND ANALYSIS

When city councilor elect Louie Sanchez says “According to the rule of law, I should be in office” he is seriously mistaken when it comes to his own election and to the City Charter provisions. The “rule of law” dictates that his term begins on January 1, 2022 and not any time sooner. The “rule of law” also dictates he can only be sworn in when his election is certified by both the Bernalillo County clerk and the Secretary of State and then and only then can he assume office.

City Councilor elect Sanchez was not elected in a special election to fill a vacancy on the city council. The language of Section 9 (a0 and (b), “VACANCIES IN OFFICE, deals with “special elections” to fill a vacancy and state as follows: .

(a) A vacancy in the office of Councilor occurs upon the Councilor’s death, disability, recall, resignation, removal or termination of residency in the district represented.

(b) If a vacancy occurs in the office of Councilor, the Mayor shall appoint a registered qualified elector of the district to fill the vacancy. Anyone appointed to fill a vacancy shall serve until the next regular election, at which time a person shall be elected to fill the remaining unexpired term, if any.” which is exactly what City Councilor Lan Sena was legally appointed by Mayor Tim Keller to fill the unexpired term of Ken Sanchez. Councilor Lan Sena has every right to carryout her duties and even vote on matters. Councilor Elect Sanchez cannot replace her unless she decides to step down and only then if he is appointed to replace her by Mayor Tim Keller.

If you follow the defective legal analysis that Councilor elect Sanchez should immediately replace Lan Sena to a logical conclusion, the identical argument could be made that City Councilor elect Dan Lewis should be sworn immediately to replace Incumbent Cynthia Borrego who Lewis defeated on November 2 and that is just not going to happen.

ONE MUST LEARN TO PICK AND CHOOSE BATTLES CARFULLY

City Councilor Elect Louie Sanchez has a number of options available short of trying to force himself on the city council and trying to replace Lan Sena.

When City Councilor elect Louie Sanchez says he is considering litigation, ostensibly he is relying on very poor legal advice or someone who simply does not have an understanding of the city charter, how it operates and the civil litigation process. Simply put, with less than one month before taking office, and 3 days before the December 6 city council vote, there is not enough time to file any sort of meaningful litigation, get the case assigned to a judge and have an evidentiary hearing. It is more likely than not that most, if not all, Second Judicial District Judges would disqualify themselves from hearing the case as they did with the appeal of Sheriff Manny Gonzales on the denial of public financing by the City Clerk. In other words, litigation would be a waste of time and money and the issue will be rendered moot with the passage of time.

https://www.abqjournal.com/2450979/council-race-winner-pushing-to-expedite-swearing-in.html

The bond proposal resolution is scheduled to be voted on by the full city council on December 6. To pass, because it involves a bond debt that normally is voted on by the public, the resolution must have a super majority of 7 out of 9 votes on the City Council. Its passage is dubious at best given the fact that Republican City Councilors Trudy Jones and Don Harris will likely vote against it wanting to wait and find out if Republicans have a majority on the council after the December 6 run offs in Districts 7 and 9. Further Democrat City Councilors Isaac Benton and Pat Davis have argued the bill’s proponents are rushing a vote before a major council transition. Councilor Benton went to far as to say the initiative does not pass the smell test.

Councilor Elect Sanchez could appear before the city council on December 6 and voice his concerns. He also has the option of lobbying his future colleagues on the council to vote it down as well as ask Mayor Keller as a sign of good faith to withdraw his support of the measure and even veto it if it passes.

Even if the City Council were to pass the bond package on December 6 and Keller signs off on the resolution, there is always the option for the new city council that takes office on January 1, 2022 to vote to reconsider the bond package or for that matter just to repeal it and start all over.

The point is, City Councilor Elect Louie Sanchez needs to learn to pick and choose his battles carefully to accomplish anything, otherwise he is going to have 4 miserable years on the city council especially if when he sets the tone of assuming office by having another city counselor removed for his own benefit.

NEWS UPDATE

On December 4, it was reported that City Councilor elect Louie Sanchez has received his formal “certification of election” from the Secretary of State. For that reason he proclaims he should be sworn into office immediately saying:

“The law is the law, and appointee City Clerk Ethan Watson must abide by it to rightfully and legally swear me into office today as the elected District 1 City Councilor replacing the Keller appointee currently filling the seat.”

In response, Albuquerque City Clerk Ethan Watson said the Secretary of State certification does not change anything and he had this to say:

“The City Clerk has made clear that Councilor-elect Sanchez’ term begins on January 1, pursuant to state and local law. The County Clerk’s Election Proclamation also made clear that that term Councilor-elect Sanchez ran for was 4 years, not more than four years, or to fill an un-expired term.”

COMMENTARY AND ANALYSIS

City Councilor elect Louis Sanchez continues to try and practice law without a license. Yes, “the law is the law” and in his quest to be sworn in before his term begins, the “law is the law” that he cannot be sworn in until January 1, 2021 when his elected term begins. City Councilor Elect Sanchez ostensibly believes he is above the law by demanding City Clerk Ethan Watson violate the law and swear him in before his term begins on January 1, 2022.

The link to quoted source material is here:

https://www.abqjournal.com/2451463/city-councilor-elect-gets-formal-certification.html

The December 7th runoff election in City Council District 9 is between Democrat Rob Grilley, 37, running against Republican Renee Grout, 60.

District 9 is currently represented on the City Council by Don Harris, a four-term Republican who has represented the District since 2005 and has decided not to run for a 5th term. District 7 is east Albuquerque from Menaul and Eubank, south to Kirtland Air Force base, and east of Tramway. The District includes the 4 Hills Country Club area.

On December 1, Republican Renee Grout mailed out a false “hit piece” campaign mailer against Democrat Rob Grilley.

THE LIES TOLD

The political hit piece has a color photo of Democrat Rob Grilley with his arms crossed, and he is smiling. The photo was obviously taken off of Grilley’s campaign web page. To the right of the Grilley picture, is the proclamation “Grilley supports Sanctuary City that protects violent criminals .” The words “protect violent criminals” are in yellow with a black background and the word “protects” is underlined in red for emphasis.

The political hit piece goes on to say: “Rob Grilley supports Sanctuary City policy that forces police to hide illegal immigrants from federal authorities, even if they commit crimes like rape or murder!

In bold, bright red letters appear the words: “Protecting Violent Criminals.” Below these words appears the following text:

“Jaqueline Vigil, a mother of two New Mexico Police Officers, was murdered by Luis Talamantes-Romero, an illegal immigrant with a lengthy criminal history. Vigil’s killer should have been deported before, but the city’s sanctuary city policy forced police to hide him from immigration officials.”

When you view the fine print on the flyer, barely readable because it is so tiny, the reader finds that it was produced by “McClesky and Associates” which fully explains the false and malicious nature of the flyer.

THE LIAR WHO TELLS THEM

The flyer attacking Democrat Rob Grilley is simply a pack of lies told by Republican Renee Grout. On many levels, the lies reveal a candidate grossly ignorant of the truth or could care less about the truth so long as she wins an election. With the malicious flyer, Grout has resorted to fear tactics and misinformation to distract voters because she has no plan to fight crime in Albuquerque.

ALBUQUERQUE HAS NEVER BEEN A “SANCTUARY CITY”

It’s a Grout lie when she says, “Rob Grilley supports Sanctuary City policy that forces police to hide illegal immigrants from federal authorities, even if they commit crimes like rape or murder!” Simply put, there is no such policy. Albuquerque has never been a “sanctuary city” and it’s not likely it is eve going to be one.

The truth is that in 2001, the Albuquerque City Council enacted a resolution that declared Albuquerque an “immigrant-friendly” city. The resolution was sponsored by then-Republican City Councilor Hess Yntema, whose wife is a naturalized United States citizen from Columbia.

An “immigrant-friendly” city implements “welcoming city” policies and does not provide for city enforcement of federal immigration laws, and addresses only city services, including licensing and housing. The focus is to create inclusive, immigrant-friendly, and welcoming policies. Albuquerque’s “immigrant-friendly” designation welcomes immigrants to the city and is mainly symbolic.

Immigrant-friendly policies increase public safety. State and local law enforcement agencies depend on the cooperation of immigrants, legal or not, to solve a wide array of crimes. When immigrants believe our local police are working with federal immigration officers, immigrants will not go to them in cases of emergencies nor report crimes they have been witness to or victims of crime. When immigrants are scared of going to the police and reporting crimes, criminals roam free, and the immigrant falls prey to crime.

All too often, immigrants are preyed upon by slumlords charging top dollar for substandard housing refusing to do repairs knowing the immigrant will not complain to authorities and knowing they could be evicted by the slumlord.

Albuquerque’s “immigrant-friendly” policy means that our local police do not have to do the job of federal immigration officers. APD has enough problems as it is enforcing state and local laws. The city of Albuquerque has a shortage of police as it is, and our police have more than enough to do to keep us safe. They are not federal immigration officers and must focus on fighting crime.

The Albuquerque Journal recently reported there is no evidence that undocumented immigrants drive crime. Some studies suggest undocumented immigrants are less likely than U.S. citizens and legal immigrants to commit crimes.”

https://www.abqjournal.com/2435020/how-can-a-mayor-fight-crime.html

JAQUELIN VIGIL’S KILLER WAS UNKNOWN TO APD

It’s another Renee Grout lie when the flyer says, “Vigil’s killer should have been deported before, but the city’s sanctuary city policy forced police to hide him from immigration officials.” This is simply a lie. When the murder occurred, it was first believed to have been a retaliation killing against Vigils’ two state police officer sons. APD did not “hide her killer from immigration officials” because APD had no idea who her killer was, and a search had begun while APD was investigating the murder. What the investigation found is that the killer was “casing” homes at 5:30 am in the area, he came upon Jaqueline Vigil pulling out of her driveway to go to the gym and he shot her.

The truth is Jaqueline Vigil’s killer had already been deported by the Immigration and Naturalization Services (INS) a few months before the killing. The first illegally entry was a misdemeanor. When he reentered the United States illegally for a second time, he committed a felony. Unbeknownst to APD, Talamantes- Romero was arrested by INS on an outstanding warrant on unrelated charges and was be held in an El Paso federal detention facility. On June 21, 2021, Talamantes- Romero was indicted by a state grand jury on murder, burglary and attempted armed robbery charges stemming from the Nov. 19, 2019. He is in custody and is awaiting trial.

https://www.abqjournal.com/2402278/alleged-shooter-in-womans-death-is-indicted-by-a-grand-jury-ex-luis-talamentesromero-is-accused-of-killing-jacqueline-vigil-in-her-west-side-driveway.html

MCCLESKEY MEDIA STRATEGIES NO STRANGER TO FALSE AND MISLEADING POLITICAL HIT FLYERS

According to the campaign finance reports filed with the City Clerk’s office, McCleskey Media Strategies is the political consulting firm managing Renee Grout’s campaign for City Council. Review of Renee Grouts campaign finance reports reveals a staggering amount of money paid to McCleskey Media Strategies producing and printing campaign materials and mailers. The amounts are staggering for the reason that Renee Grout was initially a public finace candidate was given $41,791 to run her campaign. After the November 2 election when she made it into the runoff, she became a privately financed candidate.

The amounts paid to McCleskey Media Strategies for the November 2 election are as follows:

7th campaign finance report: $2,426.18
8th campaign finance report: $10,472.17
9th campaign finance report: $8,441.41.
10th campaign finance report: $10,035

Total Paid for November 2 election: $31,374

Renee Grouts 4th Runoff Statement Campaign finance report reveals $14,992.66 paid McCleskey Media Strategies.

The grand total paid to McCleskey Media Strategies by Renee Grout for the November 2 and the December 7 runoff: $46,367.42

The link to the city clerk’s office where you can review all of the Renee Grout campaign finance reports is here:

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7115

The significance of McCleskey Media Strategies handling the Grout Campaign is that political Republican Strategist Jay McCleskey is the primary principle or owner of McCleskey media strategies. McClesky is known for his negative slash-and-burn tactics to disparage and viciously malign Democrats. Jay McClesky has managed the successful campaigns of Republicans running for Governor, the state legislator, Mayor, and Albquerquerqu City Council. Simply put, McClesky is the go to guy for anyone who is Republican running for office. Confidential sources have said that McClesky is already lining up Republican candidates for Bernalillo County Sheriff and legislative candidates in 2022.

REPUBLICANS ATTACKING REPUBLICANS

Former Republican Governor “She Who Shall Not Be Named” was vicious in going after members of her own party who disagreed with her and she did that with Mc Clesky working for her. Recently, it was reported that Southern New Mexico rancher Scott Chandler settled a defamation lawsuit he filed claiming political consultant Jay McCleskey and the former Republican Governor’s political action committee circulated untruthful mailers about him during the 2016 campaign. The settlement agreement was reached 3 days after Chandler filed a motion asking a judge to add former Governor Susana Martinez as a defendant in the case. The motion was based on McCleskey’s statements in a recent deposition that Martinez was critical in setting up the Advance New Mexico Now PAC.

Chandler’s 2019 lawsuit alleged that McCleskey and Advance New Mexico Now PAC circulated two mailers about Chandler damaging his chances of winning a 2016 Republican primary election for House District 32. Chandler lost the primary by 16 votes. The lawsuit alleged that McCleskey and the PAC mailed fliers during the 2016 primary that asked, “How did a business accused of child abuse and torture AVOID government oversight?”

The fliers referred to a 2013 New Mexico State Police investigation of Chandler’s Tierra Blanca High Country Youth Program in Hillsboro, north of Deming. No criminal charges were filed as a result of the investigation. Chandler received legal settlements approaching $1 million from the state related to the investigation. The defamation suit against McCleskey also alleges that McCleskey advised then-Governor Martinez to execute the State Police search of Chandler’s ranch in October 2013. Chandler asked a 6th Judicial District Court judge on November 1 to add Martinez to the suit, alleging McCleskey recently implicated the former governor as a key player in the PAC who “directly authorized the mailing of the fliers.” McCleskey made the comments during an August 10 deposition in a related lawsuit McCleskey filed against his insurance company. In that suit, McCleskey alleged that the company refused to pay his legal costs in the Chandler lawsuit.

In his deposition, McCleskey said Martinez was involved in setting up and operating the PAC, which is no longer active, the motion states: “Governor Martinez was involved in the running of the PAC, including decisions about proposed budgets, proposed targets, and proposed districts. … She was involved in polling meetings and was presented with polling information.”</em>

The Federal Internal Revenue Service (IRS) website does address the issue in general terms and the potential consequences of a church or religious organizations with 501(c)(3) status violating the IRS regulation. These entities <em>“are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.” Violating that prohibition “may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.” The operative word is “may”.

It is clear from reading the Federal Internal Revenue code, 501(c)(3) charitable organizations cannot endorse candidates if they want to keep their non-profit status and not pay taxes. According to IRS rules and regulations nonprofits are not allowed to endorse candidates verbally or in writing if they want to be tax-exempt. Under the IRS code and regulations, a 501(c)(3) charitable organization lose their nonprofit status, then the IRS can tax them on their donations like any other business.

Simply put churches are nonprofits under the IRS code 501(c)(3), and that means to keep their nonprofit status, they must stay out of endorsing candidates for office and churched must stay out of partisan politics. With that said, many political candidates get around the strict IRS restriction by having priests, pastors, ministers or rabbis stand with them to give “tacit” or implied support to their chosen candidate. Catholic, Baptist, Episcopal and Jewish Clergy usually do not tell a congregation to go vote for a specific candidate knowing full well it could jeopardize their tax exempt status .

Any and all violations of federal tax law rest solely on the shoulders of Pastor Steve Smothermon and it is he who needs to be held accountable for his conduct.
There are likely two separate IRS code violations:

1. Smothermon’s overt solicitation that his congregation support and vote for a candidate he recommends.

2. Allowing a political candidate to use church facilities and set up a campaign table and pass out campaign materials.

With 8 days left before the December 7 election it’s not at all likely any formal actions will be taken against Legacy Church or Smothermon. The big question is if state or federal authorities feel the actions of Smothermon were so egregious as to mandate revoking the church’s 502 (c) (30) tax exemption. It is likely if anything does happen, it will be a fine or warning, as was the case with fines assessed against Legacy Church last year for violation of the Governor’s health care order.

WHAT’S AT STAKE

Should there be a Republican takeover of the Albuquerque City Council, you can expect any number of setbacks of progressive programs and policies promoted by Mayor Tim Keller and advocacy of Republican policies and programs. Among those items are:

1. Repeal of the city’s immigration friendly policy that Republicans falsely label as sanctuary city.
2. Opposition to or perhaps repeal of the city’s minimum wage ordinance.
3. Opposition to any mandatory sick leave ordinances for the private sector.
4. Oppose enforcement by Mayor Keller of emergency health care orders for the Corona Virus Pandemic, including opposing any and all-mask mandates and opposing mandatory covid vaccinations of city employees.
5. Reduction in social service programs to help the homeless and the poor, including a scaling back of the Gateway Homeless shelter operations.
6. Advocacy of late term abortion prohibitions as was placed on the 2013 municipal ballot and which failed then.
7. Opposition to the Department of Justice mandated police reforms.
8. Oppose any and all increases in the gross receipts taxes or property taxes to fund city essential services even when deficits occur.
9. Advocate the reduction in the size of city government and eliminate new departments and programs created by Mayor Keller by denying funding for such Departments as the “Office of Equity and Inclusion” that deals with immigrant relations.
10. Advocacy of increased criminal penalties as part of the city’s legislative package and bail bond reform measures.

Should there be a Republican takeover of the city council, Democrats will have only themselves to blame given that District 7 and 9 have Democrat majorities. Democrats lose elections in Albquerque when they fail to vote.

IT’S SMOTHERMON’S CROSS TO BEAR

Smothermon knows better. It is disingenuous that he continues with his political stunts and endorsements. When he says he will not pay the fine, he knows damn well he will just pass it along to his congregation as they clap for him with adoration.

Smothermon thinks he is above man’s law and that he only answers to his own god’s law. He try’s to hide behind the first amendment of the constitution. Smothermon knows full well under the U.S. Constitution and our federal tax laws, his church can engage in free speech and support a candidate all they want, but to do that he knows Legacy church needs to pay taxes and cannot be a nonprofit.

Smothermon and Legacy Church should just pay taxes and stop with the charade that he is not political. Another option is for Smothermon to simply step away from Legacy Church and just run for elective office himself and be a full time politician instead of being a “religious godfather” pulling the strings of those he supports such as Lori Robertson should she be elected.

This whole mess of Smothermon using his sermons for a political agenda falls squarely on the shoulders of Steve Smothermon. It is his cross to bear and not his church’s congregation.

Smothermon needs to “Give unto the State the fine he owes and unto his God sermons that are religious and not political endorsements. ”

Can I have an Amen please!

NEWS UPDATE:

Below is the link to the December 3, Albquerque Journal Editorial

Editorial: Pastor’s endorsement of candidate merits probe
BY ALBUQUERQUE JOURNAL EDITORIAL BOARD
FRIDAY, DECEMBER 3RD, 2021 AT 12:02AM

https://www.abqjournal.com/2451291/pastors-endorsement-of-candidate-merits-probe.html

The New Mexico Civil Guard is a heavily armed self-described militia group that showed up last year at several protests around Albuquerque, including a June 2020 protest of the Juan de Oñate statue in Old Town. Shortly after that protest, Second Judicial District Attorney Raúl Torrez filed a lawsuit against the Civil Guard trying to limit its activities.

On November 15, Bernalillo County District Attorney Torrez announced he has filed a petition in California Superior Court for the County of San Mateo, California, asking a California State Judge to enforce a New Mexico subpoena that would “compel Facebook to produce requested information and records.” Facebook took down the group’s page in August 2020 after the company determined that the Civil Guard had violated the company’s policy barring hate speech and dangerous organizations from the social media platform. A Facebook spokesman responded that the social media company cooperates with law enforcement requests as a matter of policy and remains in discussions with Torrez’s office. Torrez said he expects a hearing before the California judge by early 2022.

The lawsuit filed by Torrez against the New Mexico civil guard alleges that civilian militias can be activated only by the state’s governor. The Civil Guard was acting like law enforcement with no legal authority to do so, according to the suit, which remains pending.

https://www.abqjournal.com/2446501/da-asks-california-judge-to-compel-facebook-to-release-militia-data.html

https://www.kob.com/albuquerque-news/qanda-da-rauacutel-torrez-discusses-new-petition-filed-against-facebook/6302942/?cat=500

LITIGATION HISTORY

On Monday, July 14, 2020, Bernalillo County District Attorney Raúl Torrez filed a civil lawsuit to stop the New Mexico Civil Guard private militia from usurping the state’s military and law enforcement authority. The lawsuit was filed against the New Mexico Civil Guard and 14 of its members who “include some individuals associated with white supremacist and neo-Confederate organizations,” according to the civil complaint.

The lawsuit argued that the New Mexico Constitution says civilian militias can only be activated by the governor and alleges the New Mexico Civil Guard is acting like law enforcement. According to the lawsuit, the New Mexico Civil Guard are acting like law enforcement by holding training sessions, outfitting themselves with military equipment and gear, and patrolling protests armed and in uniform without any legal authority to act in any kind of law enforcement capacity.

The lawsuit alleges that membership includes people associated with white supremacist and neo-Confederate ideology. According to the lawsuit:

“[NMCG has routinely used paramilitary tactics] at protests, demonstrations, and public gatherings throughout New Mexico, providing wholly unauthorized, heavily armed, and coordinated ‘protection’ from perceived threats.”

The federal civil complaint makes specific allegations that are alarming as to the actions of the New Mexico Civil Guard. Paragraphs 2, 4, 5, 7 and 8 of the complaint are succinct and outlines the <em>“New Mexico Civil Guard” activities and what they are all about:

“2. The so-called “New Mexico Civil Guard” (NMCG) is not an organized police force or an organized part of the military. Nor is it affiliated with or overseen by the Government. Yet this group formed for the claimed purpose of maintaining the peace and both fashions itself and pretends to function as a part of the state military. NMCG’s coordinated, armed, and uniformed presence at public events results in intimidation and creates a chilling effect on the exercise of First Amendment rights to address matters of public concern. NMCG’s attempt to operate as a private police or military unit in Bernalillo County is a per se public nuisance that must be abated to protect public safety, allow the free and open use of public forums, and minimize violent armed confrontations.
… .
5. NMCG has unlawfully exercised and intends to continue to unlawfully exercise the power to maintain public peace reserved to peace officers. NMCG’s membership is not composed of peace officers, and New Mexico law clearly provides that NMCG and its members have no civil or military authority to maintain the public peace.”
… .
“7. This is a case about paramilitary action that threatens public safety and intimidates the public’s exercise of First Amendment rights. It is not a case about gun ownership, gun possession, or self-protection. Importantly, NMCG’s paramilitary activity is not protected by the Second Amendment, and the relief that the State seeks does not run afoul of Defendants’ Second Amendment rights. … .

“8. Nor is this a case about political viewpoints. To the extent NMCG has certain white supremacist ties, their viewpoint heightens the risk of violence at certain public events because of the antipathy they hold for particular groups of protesters. But the threat posed to public safety by paramilitary actions at public demonstrations or gatherings exists regardless of the paramilitary organization’s underlying ideology. Put simply, there is no place in an ordered civil society for private armed groups that seek to impose their collective will on the people in place of the police or the military. … .”

The link to the civil complaint filed is here:

https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2020/07/State-v.-NM-Civil-Guard-Filed-Verified-Complaint.pdf

https://www.cnn.com/2020/07/14/us/new-mexico-militia-group-lawsuit/index.html

On September 9, 2021, 8 members of the citizens militia group known as the New Mexico Civil Guard (NMCG) filed a federal lawsuit against the City of Albuquerque and the Albuquerque Police Department (APD). The lawsuit claims the 8 were “targeted” by APD when they showed up on June 15, 2020 at the protest over the “La Jornada” (The Journey) sculpture in front of the Albuquerque Museum. The protest was for the removal of the figures of Juan de Onate de Salazar in the sculpture. A man was shot during the protest.

According to a federal lawsuit, the citizens militia group claim city officials targeted them for no reason. The lawsuit alleges that the city was aware the militia group was going to be there and APD positioned officers near the protest waiting until a Civil Guard member “committed a crime and planned to then arrest them.” The plaintiffs alleged they did nothing wrong and were detained anyway by APD.

The Civil Guard members allege one of them was attacked at the protest and at that point all the civil guard left the crowd. According to the complaint, after they had moved away, 31-year-old Steven Baca pulled a concealed handgun and started shooting, hitting one man. When the shooting began, the guard members returned and ran toward Baca and upon encountering him, one militia member stepped on the gun or “kicked his gun away”.

The lawsuit alleges that even though police knew the group wasn’t associated with Baca, they “arrested” the plaintiffs anyway, held them for hours for questioning, not allowing them to talk to lawyers or even use the restroom . They were eventually released after interviews.

EDITOR’S NOTE: The allegation that they were arrested is false. No militia member was arrested but they were held for questioning and then released.

At the time of the incident, Bernalillo County District Attorney Raul Torrez said that the militia members had a right to be at the protest and bear arms. However, the DA made it clear they did not have the right to intervene as “enforcers of the law”. The DA later filed an injunction to prohibit the Civil Guard from acting in any police or military capacity and to declare the group a “nuisance” posing an immediate threat.

A link to the complete news report is here:

https://www.krqe.com/news/politics-government/nm-civil-guard-sues-city-over-juan-de-onate-protests/

COMMENTARY AND ANALYSIS

The filing of a single law suit against one citizen militia is not going to go far in resolving such activity by others. Further, going against FACEBOOK in California will only get you so far. Torrez himself says Facebook took down the New Mexico Civil Guard’s page, but he says they will not turn over any other information. Even if the lower court grants the relief Torrez requested, it is more likely than not the social media giant will drag it out as long as possible and appeal any adverse decision against them.

https://www.koat.com/article/da-says-members-of-far-right-extreme-group-at-onate-protest/38258842

District Attorney Raul Torrez has a good track record when it comes to lobbying the New Mexico legislature in Santa Fe for what he wants. It is known that Torrez is already lobbying for changes in the bail bond system and for “rebuttable presumption against release” pending trial of defendants charged with certain violent crime. Instead of pursuing windmills against a mega social media giant, Torrez could better use his time and efforts to lobby to outlaw all citizens militias not government sanctioned or enactment of a comprehensive civilian militia registration act.

OUTLAW OR REGULATE CITIZENS MILITIAS

Citizen Militias are not regulated in the State of New Mexico. As part of a “crime fighting package”, District Attorney Raul Torrez should as the Governor and the legislature to include the outlawing or regulating citizens militias in the stat, There is no comprehensive federal law that regulates them under the Second Amendment to the US Constitution.

As things escalate with mass murders and protests, the State of New Mexico and the United State Congress need to enact legislation that defines with more particularity what a “citizen miltia” is and either ban them entirely or regulate all citizens militias.

If the United States Congress, and for that matter New Mexico, does not ban citizen militia’s, a Citizen’s Militia Registration Act needs to be enacted. Citizen militias need to be defined along similar lines of how “gangs” are defined under federal criminal law.

https://nij.ojp.gov/topics/articles/what-gang-definitions
A “citizens militia” needs to be defined as:

“An association of three or more individuals, whose members collectively identify themselves by adopting a group identity employing one or more of the following: a common name, slogan, identifying sign, symbol, flag, uniforms or military apparel or other physical identifying marking, style or color of clothing, whose purpose in part is to engage in the protection of private property and other people. A registered citizens militia may employ rules for joining and operating within the militia and members may meet on a recurring basis.”

A Citizen Militia Registration Act would require citizen militias to:

Allow only American Citizens to be members of a citizen militia.
Register with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE) within the United States Department of Justice or in New Mexico with the New Mexico Homeland Security Office.
Require members to register their firearms with the ATFE or State.
Pay yearly regulation fees and firearm certification fees and carry liability insurance.
Identify all their members by name, address and contact information.
Prohibit felons from joining.
Limit their authority and powers so as to prevent militias to engage in law enforcement activities.
Require members to pass criminal background checks and psychological testing.
Mandate training and instructions on firearm use and safety.
Require all militias and its members to agree to follow all local, state and federal laws and apply for permits to attend functions sponsored by others.
Failure to register as mandated would be a felony.

FINAL COMMENT

Those who take it upon themselves to associate and bear arms calling themselves “citizen militias” take it to the extreme when they attend protests fully armed in military attire proclaiming they are there to assume the responsibility law enforcement to protect people and property. Such attendance amounts to nothing less than vigilantism.
New Mexico needs to outlaw or regulate citizens militias before someone gets killed.

On December 2, incumbents Democrats Lan Sena and Cynthia Borrego lost their reelection bids to Moderate Democrat Louis Sanchez and Republican Dan Lewis respectively. Incumbents Democrat Diane Gibson, District 7 and Republican Don Harris, District 9, decided not to seek another term. The 4 city councilors terms end on December 31 and their successors take office on January 1, 2022.

After the November 2 election, there are 4 Democrats on the new city council:

District 1 Louis Sanchez (Elected on November 2 defeating Lan Sena.)
District 2 Isaac Benton
District 3 Klarissa Peña (Ran unopposed on November 2 .)
District 6 Pat Davis

After the November 2 election, the 3 Republicans on the new city council are:

District 5 Dan Lewis (Newly elected on November 2)
District 4 Brook Bassan
District 8 Trudy Jones

The December 7 runoff elections will decide what party will have control of the city council. It will elect a new City Council President at its first meeting in January who will appoint all committee chairs. The December 7 run off in City Council District 7 is between Democrat Tammy Fiebelkorn running against Republican Lori Robertson. District 7 is the Mid-heights, north of the state fairgrounds, includes Coronado Shopping Center and Uptown and surrounding areas and parts of the near northeast heights. In the District 9 City Council race, Democrat Rob Grilley is running against Republican Renee Grout. District 9 is the far SE district, bounded by Eubank on the west, Menaul on the north, Sandia Moutain foothills open space on the east and KAFB on the south and the Four Hills Country Club area.

The Republican party is making a serious attempt to secure a majority of 5-4 on the City Council, but that will require winning of the District 7 and District 9 city council races in the runoff. On November 10, the Republican Party of New Mexico and the Republican Party of Bernalillo County issued a press release announcing they are joining forces and sharing resources to win the two key runoff elections on December 7 that will decide who will control the city council. Republicans are aggressively canvassing both City Council Districts in a get out the vote effort and raising money for mailers and phone banking.

LEWIS DISRUPTIVE TO RUN FOR MAYOR EVEN BEFORE BEING SWORN IN

City Councilor elect Dan Lewis previously served two terms on the City Council from 2009 to 2017. Lewis ran unsuccessfully for Mayor against Tim Keller in 2017. Keller won the 2017 runoff by a decisive landslide by securing 60,219 votes or 62.20% against Dan Lewis who secured 36,594 or 37.8% of the vote.

Lewis told www.PeteDinelli.com after he was elected “you better believe that this mayor will be accountable now” essentially saying he intends to be as disruptive as possible over the next four years. On November 23 New Mexico Politics with Joe Monahan also reported that backers of Lewis who have spoken with him said he “will demand accountability” from the administration and shake up the council which they say “has been a joke.” Lewis has said once he becomes City Council President he will end all Zoom meetings started at the beginning of the pandemic and that he intends to aggressively question Keller’s department directors, including APD management and Mayor Keller’s representatives in person.

With a little less than 2 weeks before the December 7 runoff elections, Republicans are saying they are confident they will win the December 7 run off elections and control the city council with early voting favoring the Republican candidates. If that happens Dan Lewis is saying he will be elected the new President of the City Council. Confidential sources are also confirming that Lewis is telling supporters he is running for Mayor in 2025 and intends to do whatever he can to disrupt progressive policies put in place by Democrat Mayor Tim Keller.

Republican political operatives are also saying even if the City Council remains a 5-4 Democratic controlled council, it will be moderate Democratic City Councilor elect Louis Sanchez who will be the swing vote on the council with the most influence. Republicans believe Councilor Louis Sanchez will be more of an ally of Dan Lewis than of his Democratic colleagues on the council. Councilor elect Sanchez defeated progressive Democrat Incumbent Lan Sena who was appointed by Mayor Tim Keller to the city council and she was a reliable progressive vote for Keller.

CITY COUNCIL $110 BOND PROPOSAL

On November 2, voters approved $140 million in general obligation bonds to pay for a range of other city projects. However, voters also rejected a Gross Receipt Tax Bond (GRT) bond initiative of $50 million for the construction of a new soccer stadium. The $50 million gross receipt tax bond for the new soccer stadium had 35% who voted for it and had 65% who voted against it. City officials are now saying the funding that would have gone toward a new stadium can now be directed toward reducing crime and help address the homeless crisis.

On November 15, a $110 million bond proposal resolution was formally introduced. The resolution is scheduled to be voted on by the full city council at the next city council meeting scheduled for December 6.

The GRT City Council Bond resolution is co-sponsored by Democrat City Councilor Klarissa Peña, District 3, South West Albuquerque, and Republican Councilor Brook Bassan, District 4, North East Albuquerque. It has been reported that City Councilor Bassan consulted with Mayor Tim Keller’s administration to develop the bill and come up with final project list. It is Republican Bassan’s consultation with the Democratic Mayor that has upset Lewis and the New Mexico Republican Trump party. Sound familiar? Republicans who vote for Democratic President Joe Biden’s infra structure plan are being accused of being traitors by Der Führer Trump.

The bonds, backed by the city’s gross receipts tax revenue, are being proposed by the city council and it will not require voter approval. A “super majority” of 7 of votes on the City Council is required. Such authority is given to the city council as is the authority to enact gross receipt tax increases, property taxes and lodger tax allocations.

The Gross Receipts Tax (GRT) General Obligation bonds resolution seeks to borrow $110 million to build a upwards of 16 major infrastructure projects around the city. The project list includes more than $45 million for improving parks, open spaces, recreational facilities, a new multi-generstion center across from Cibola High School. Another $40 million will be dedicated to public safety projects, including updating the Albuquerque Police Department downtown headquarters north of city hall, the APD academy building, and other public safety facilities.

Chief Financial Officer Sanjay Bhakta said the bond debt will take upwards of 20 years to pay off starting at $5.7 million annually and eventually rising to $10 million annually until paid off.

According to the city council resolution, the $110 million GRT bond proposal includes the following projects:

Public housing, including sobering center : $25.6 million
Remodeling of the APD main building: $12.5 million
North Domingo Baca Aquatic Center: $12 million
Cibola Loop Multigenerational Center: $10 million
West Side public safety facility: $10 million
San Mateo/Kathryn public safety center: $7 million
Police department academy: $5 million
City buildings: $5 million
Southeast Area Command second phase: $4.4
Westgate Community Center: $4 million
Loma Linda Community Center: $4 million
Los Altos pump track: $3 million
West Side recreation fields: $3 million
Civic Plaza awning: $2 million
Phil Chacon Park: $1.5 million
Westside Indoor Recreation Complex: $1 million

Mayor Tim Keller voiced support for the bonding plan after his administration worked closely with City Council sponsors Pena and Basaan and said in a statement:

“This investment plan puts $110 million into addressing our city’s most pressing challenges, while continuing to lift up the civic spaces that people will enjoy for generations to come. ”

DAN LEWIS DEMANDS DELAY TO GO ALONG WITH HIS POWER PLAY

The $110 million dollar bond resolution is scheduled for a final vote on December 6 which will be the very last meeting of the year for the city council and the day before the city council December 7 runoff. The legislation will be among the final legislative actions for 4 of 9 city councilors.

Republican City Councilor Brook Bassan said the December 6 vote the day before the runoff election is intentional and explained it this way:

“I think right now is a really good time to be able to recognize the continued priorities that were in the council before we have a new turnover of the council, at which point priorities could change.”

Councilor elect and two term former City Councilor Republican Dan Lewis, who defeated current Democrat Council President Cynthia Borrego in the November 2 election said this:

“Four city councilors who would make a decision on this won’t even be here in January. … For that reason alone we need to deal with this with a new council in January.”

Republican city councilor Brook Basaan balked at the suggestion that the council vote be delayed until the new City Council is sworn in and said:

“If that were the case, terms … would end November 3 but they don’t.”

Republican Lewis is predicting that the bond package will lose on December 6 before he joins the city council, likely because he has made contact with conservative Republican City Councilors Trudy Jones and Don Harris to vote no on the bond package while Progressive’s Pat Davis and Isaac Benton are expressing reservations about the vote and a few of the projects still very much in the planning phase. Benton went so far as saying the vote “does not pass the smell test.” The 4 can block the initiative resulting in a a 5-4 vote when it needs a 7-2 vote.

The links to quoted source material are here:

https://www.krqe.com/news/politics-government/city-councilors-propose-investments-in-public-safety-facilities/

https://www.abqjournal.com/2447063/110-million-bond-proposal-divides-city-leaders.html

NOT THE FIRST TIME FOR LEWIS

On November 3, the Albuquerque City Council passed a 5 page “memorial” on a unanimous bi partisan 9-0 vote that reestablishes the Albuquerque City Council’s commitment to bringing down the city’s spiking violent crime rates.

City Councilor Elect and former City Councilor Dan was asked to comment about the city council memorial. Lewis condemned it and said fixing our crime issues will all come down to “leadership” and he had this to say:

“We have more money than we’ve ever had before so it’s not about revenue. … It’s about good leadership and making good choices. We need to support our police officers.”

https://www.kob.com/albuquerque-news/albuquerque-city-council-recommits-to-end-crime-drivers/6290668/?cat=500

Simply put, it’s never been about the money. It’s not about supporting our police. It has everything to do with holding APD sworn police accountable for failing to do their jobs to keep the city safe and its citizens safe.

COMMENTARY AND ANALYSIS

Republican operatives are rationalizing that moderate democrat City Councilor Louis Sanchez will identify more with conservative Republicans, has very little in common with progressive democrats who did not support him and that he owes Mayor Tim Keller absolutely nothing.

If the City Council remains a 5-4 Democratic Majority, the biggest test for Democrat City Councilor Louis Sanchez will be if he votes for Republican Dan Lewis to become the new Council President when the council convenes for the first time in January, 2022. Progressive Democratic City Councilor’s Isaac Benton and Pat Davis and moderate Democrat Klarissa Pena will likely all express an interested in becoming City Council President, in which case newly elect City Councilor Louis Sanchez will be casting a vote that will likely set the entire tone for his 4 years on the city council.

BACK AT IT AGAIN WITH FAILED LEADERSHIP AND NOW REVENGE

It’s down right pathetic that Dan Lewis is already believing he is the next city council president and that he intends to aggressively question Democrat Tim Keller’s department directors, including APD management and Mayor Keller’s representatives in person to hold them “accountable”. Republican Dan Lewis is the same former city councilor and former Council President who for a full 8 years looked the other way and did absolutely nothing to hold Republican Mayor Richard Berry accountable for destroying one of the finest police departments in the country and destroying historic Route 66 with the ART Bus project. Republican Lewis never once broke rank when he voted with fellow Republican Mayor, nver voted to override a Berry veto, and now decides he needs to carry out his petty political revenge on a Democrat Mayor who has been elected twice with a landslide, including 4 years ago against Dan Lewis himslef.

Simply put, Lewis is a hypocrite. Lewis takes issue with outgoing city councilors voting for a $110 million bond package a few weeks before they leave office on January 1, 2022. Lewis did something even worse as he left the city council in 2017. Just a few weeks before leaving the City Council, Lewis voted for the ABC-Z comprehensive plan pushed by Republican Mayor Berry who was know to be the darling of the construction industry and real estate development industry and who made it a top priority before he left office on January 1, 2018. The ABC-Z comprehensive plan repealed a number of historical sector development plans making it far easier for real estate developers. The ABC-Z project rewrite was nothing more than making “gentrification” official city policy and “gutted” long standing sector development plans designed to protect neighborhoods and their character for the sake of development. The number of sector development plans went from from 250 to fewer than 20.

WHAT’S AT STAKE AND THE TARGETS OF LEWIS REVENGE

The Republican party, state and county, and Albuquerque City Councilor retread extraordinaire are no doubt champing at the bit to make progressive Democrat Mayor Tim Keller life’s miserable during his second term in an effort to end his political career and restart the political career of Dan Lewis. They know full well Keller could run for higher office which will likely be Governor. Dan Lewis is returning to the city council and no matter if the council retains a Democrat majority it will be far more hostile to Keller than in 2017 when Lewis lost to Keller in a landslide. It is now apparent that Dan Lewis will be running for Mayor in 2025 which makes him the “obstructer in chief.”

Should there be a Republican takeover of the Albuquerque City Council, you can expect any number of setbacks of progressive programs and policies promoted by Keller and see advocacy of Republican policies and programs. It is likely Dan Lewis will spear head the following once sworn in for his third term:

1. Repeal of the city’s immigration friendly policy that Republicans falsely label as sanctuary city.
2. Opposition to or perhaps repeal of the city’s minimum wage ordinance.
3. Opposition to any mandatory sick leave ordinances for the private sector.
4. Oppose enforcement by Mayor Keller of emergency health care orders for the Corona Virus Pandemic, including opposing any and all-mask mandates and opposing mandatory covid vaccinations of city employees.
5. Reduction in social service programs to help the homeless and the poor, including a scaling back of the Gateway Homeless shelter operations.
6. Advocacy of late term abortion prohibitions as was placed on the 2013 municipal ballot and which failed then.
7. Opposition to the Department of Justice mandated police reforms.
8. Oppose any and all increases in the gross receipts taxes or property taxes to fund city essential services even when deficits occur.
9. Advocate the reduction in the size of city government and eliminate new departments and programs created by Mayor Keller by denying funding for such Departments as the “Office of Equity and Inclusion” that deals with immigrant relations.
10. Advocacy of increased criminal penalties as part of the city’s legislative package and bail bond reform measures.

Should there be a Republican takeover of the city council, Democrats will have only themselves to blame given that District 7 and 9 have Democrat majorities.