Honorable Hector Balderas

New Mexico Attorney General

P.O. Drawer 1508
Santa Fe, NM 87504-1508









August 15, 2016

Dear Attorney General Balderas:


I write on behalf of ProgressNow New Mexico, a New Mexico nonprofit corporation tax
exempt under Section 501(c)(4) of the Internal Revenue Code. ProgressNow has as its mission to
help New Mexicans understand the civic process and engage with public policy makers whose
decisions impact our daily lives. Clean government and ethical behavior by public officials is a
cornerstone of our democracy on which public trust is built, and we encourage those who
engage with us to support those values in elected officials.

As you are aware, New Mexico does not have an independent ethics commission or similar
oversight body to monitor compliance with campaign and ethical practices by candidates or
elected officials. Instead, this duty falls to citizens and organizations interested in accountable,
ethical public service.

As a staffer of ProgressNow and resident of Doa Ana County, I write to urge your Office to
investigate actions taken by Representative Andrew Nunez, that may have violated state law, the
New Mexico Constitution, and House Ethics Rules.

New Mexico law specifically prohibits candidates from drawing more than $100 in cash from
their campaign funds. NMSA Section 1-19-34.A.(3), the Campaign Reporting Act, states:

All disbursement [from the campaign fund account] except for disbursements made from
a petty cash fund of one hundred dollars ($100) or less shall be by check made payable to
the person or entity receiving the disbursement and not to cash or bearer.

The New Mexico Constitution prohibits legislators from receiving any additional compensation
beyond that provided by per diem authorized to attend official meetings.

In 2012, an investigation by the Secretary of States office found that then-state Senator Mary
Jane Garcia had violated the law by paying herself cash from her campaign accounts and for
double-dipping by paying herself from her campaign to attend legislative meetings.

[Then-Secretary of State Dianna] Duran said Garcia violated the law repeatedly by
making disbursements of more than $100 from campaign funds payable to cash rather
than to an individual or entity. [Albuquerque Journal, Oct. 24, 2012]

625 Silver Ave. SW #320, Albuquerque, NM 87102 progressnownm.org 505.312.8509

August 12, 2016

Complaint, Rep. Andrew Nunez
New Mexico Attorney General

The secretary of state also cited 12 instances ranging from January 2010 through this
year in which Garcia reported using her campaign funds to pay for travel expenses to
attend legislative meetings. The lawmaker also received travel and per diem payments
from the Legislature for the same meetings, Duran said. [ABQ Journal, Oct. 27,2012]

It was also reported this week that your office had obtained a search warrant for former Senator
Phil Griegos bank accounts as part of its investigation involving that former officials use of
campaign funds for non-campaign activities after he left office.

Though the law is clear, State Rep. Andy Nunez appears to have engaged in similar practices for
years without concern.

In the campaign expenditure records submitted to the Secretary of States office we found 8
disbursements listed at cash paid to Andy Nunez between May 14, 2014 and December 15,
2015 totaling $1,605.00.


$

Date

Nunez-provided justification

200 12/15/2015 cash SF Caucus Meet

200 1/8/2015

cash for NMOG Santa Fe

150 10/2/2014

cash lunch for crew

150 9/24/2014

cash for worker lunch

300 9/12/2014

cash food and supplies for canvassers

100 9/10/2014

cash lunch for walkers

105 8/18/2014

cash for workers lunch

400 5/14/2014

cash for meeting in Santa Fe legislative consult

Additionally, another 11 transactions are itemized that are not labeled cash, but clearly appear
to be petty cash payments to himself between October 14, 2011 and June 21, 2016 for $100-
$400.

Because these amounts are not associated with the actual costs or receipt amounts from
locations or events, it appears (again) that Nunez simply made up amounts to pay himself.

August 12, 2016

Complaint, Rep. Andrew Nunez
New Mexico Attorney General

Most notably, several of these payments were made by Nunez from his campaign account to
attend conferences and meetings where legislators were eligible to receive per diem reimbursed
by tax payers.

In 2013, while Nunez was not a legislator or candidate but working as a lobbyist for a Southern
New Mexico Irrigation District, Nunez used his campaign funds to travel to Santa Fe and
Albuquerque to attend legislative committee meetings. Nunezs client an irrigation district
routinely has business before the Water and Natural Resources committee he cites in his
spending report. News reports at the time report that Nunez was not a candidate for office and
had not yet decided if we would run for re-election to his former seat.

It appears that Nunez used public campaign funds to pay for travel expenses to benefit his
lobbying business in violation of the Campaign Reporting Act.

In total, these petty cash payments from campaign funds to Andy Nunez total $2,625.

$

Date

Nunez-provided justification

300 10/14/11 BLC North Summit Bellview WA

150

11/4/11 BLC Saltillo Mexico [Border Legislators Conference]

300

3/17/12 BLC Meeting Sacramento California [Border Legislators Conference]

150 11/12/13 travel expense WNRC Santa Fe

250

4/23/14 NM greet n meet

400

4/30/14 fundraiser

200

6/30/14 alb. State republican meeting

400

8/19/14 RSCP meeting SF and worker lunch

125

6/21/16 alb. Legislative meeting

*[Revenue Stabilization and Policy Study Cmte meeting], see records online
**NOTE: WNR Cmte met in Santa Fe 11/5-11/6/15. Nunez received per diem and
mileage for those meetings

August 12, 2016

Complaint, Rep. Andrew Nunez
New Mexico Attorney General

In total, these 19 transactions total $4,230 in campaign contributions that Andy Nunez took as
cash.

While New Mexicos laws on campaign finance could be vastly improved, in these areas the law
and previous enforcement actions against candidates are clear.

I respectfully request that your office review expenditures by Andy Nunez of Hatch for violations
of New Mexicos Campaign Finance Act and take all appropriate action.

Should your Office need any additional information, including documentation referenced in this
Complaint, please do not hesitate to contact me at the address listed above.

Sincerely,

Lucas E. Herndon

Lucas Herndon
Las Cruces Office

cc. New Mexico Secretary of State