Enchantment State News

A New Mexico environmental advocacy agency and its executive director are crossing legal lines to play a prominent role in politics, according to some critics.

New Energy Economy executive director and president Mariel Nanasi, a civil rights and criminal defense attorney who leads the nonprofit agency, was closely involved in 2018 campaigns, according to a candidate who was defeated in the Democratic primary and a splinter group that says it represents some members of the New Mexico Democratic Party.

Sandy Jones, a Democrat who served two terms on the New Mexico Public Regulation Commission representing the Fifth District, was defeated in 2018 primary, losing to former state Sen. Stephen Fischmann by 52-48 percent. The PRC, created in 1999 when the Public Utilities Commission and State Corporation Commission were folded, regulates utilities, telecommunications and transportation. It also is in charge of the state Fire Marshal’s Office and pipeline safety.

Jones said New Energy Economy actively opposed him in the primary, raising “a pretty fair amount of change from out of state. Didn’t take long to whip me.”

Jones said Nanasi led the opposition.

“She was furnishing the facilities and directing the campaign, her nonprofit was,” he said. “There were some complaints on some election finance violations.”

He said complaints were registered with Attorney General Hector Balderas and Secretary of State Maggie Toulouse Oliver.

“Neither one did much of anything,” Jones said. “I’m not sure either one even looked at the cases.”

The complaints were for violations of 501c3 charity status, alleging New Energy Economy was electioneering in coordination with Fischmann for PRC, Andrea Romero, who ran for the state House 46th District seat and other candidates.

Nanasi denied playing an active role in the campaign through the nonprofit agency she leads. She did donate $10,000 to Responsible Leadership NM, a political action committee that supported Fischmann and Janene Yazzie, who also was running for a seat on the PRC.

While Fischmann defeated Jones in the Democratic primary, Yazzie finished third. Fischmann and Theresa Becenti-Aguilar were both elected to the PRC in November 2018.

During the primary campaign, both Jones and Lynda Lovejoy, another losing candidate, said Nanasi was using New Energy Economy resources in the race and should resign from her position.

Nanasi also plays a key role with a group called Retake Our Democracy, which supported Yazzie, Fischmann, Bill McCamley, who sought the Democratic nomination for state auditor, as well as legislative candidates Andrea Romero and Susan Herrera.

Romero and Herrera won their primaries and were unopposed in the general election. McCamley, a former legislator, was defeated but was named secretary of Workforce Solutions by Gov. Michelle Lynn Lujan Grisham

Nanasi told The Santa Fe New Mexican on 2018 she was able to keep her professional and personal activities separate.

“New Energy Economy is not engaged in electioneering,” Nanasi told The New Mexican. “Climate disruption is the most serious crisis we face. I have children and I’m concerned about the world they’ll inherit, and my personal, individual contributions reflect those values.”

Among the sharpest critics of Nanasi is a group called New Mexico Democrats for Democracy.

It describes itself as representing more than 32,000 New Mexico Democrats who “want to clean up corruption within our party. We are tired of the blatant undermining of Democratic principles by party elites. We support candidates who are committed to Democratic principles and will not turn a blind eye to corruption, especially within the party. We believe that corrupt politicians in our party are unworthy of leadership and should not be elected.”

It is linked to a website, Stop Pay to Play in New Mexico, which seeks tips on what people believe are corrupt or shady activities in state government.

New Mexico Democrats for Democracy was founded by Brett Kokinadis of Santa Fe, who switched his registration to Republican and ran for the GOP nomination for New Mexico’s Third Congressional District. He finished a distant third in the June 5 primary.

On May 16, 2018, New Mexico Democrats for Democracy filed two official ethics complaints by email with the Secretary of State’s Office against Responsible Leadership NM and Retake Our Democracy, alleging they violated campaign laws.

“Responsible Leadership NM, an Independent Expenditure PAC, reported to CFIS monetary contributions from individuals and/or entities exceeding the amount permissible under New Mexico campaign finance law with contributions from Green Advocacy Project totaling $100,000, and a $10,000 donation from Mariel Nanasi, executive director and President of New Energy Economy,” a release from NMDD stated. “RLNM should comply with campaign finance limits and should not meet the legal definition of an independent expenditure.

Secondly and more concerning is Retake Our Democracy (ROD) is not registered as a PAC. It is registered as a domestic nonprofit corporation, and raised concerns about activities that appear to be coordinated with candidates. Several examples, taken from the ROD’s website/blog, show communications that meet the criteria to be included in the $1,000 threshold for reporting, while a member of ROD’s leadership team, Cecile Lipworth, is also a field director as indicated on state representative candidate Andrea Romero’s website.

Kokinadis said he was asked why NMD4D was not registered as a PAC and answered it was merely a personal Facebook page. But when the Secretary of State’s Office disagreed, he registered and said it has met all state requirements. However, Retake Our Democracy and Retake Our Democracy were not held to that same standard, he said.

“Why has the secretary of state allowed these two organizations to exceed statutory restrictions?” Kokinadis said. “It almost seems like the office is playing favorites.”

According to NMD4D, Oliver and Balderas are politically allied to New Energy Economy, and Nanasi and will not seriously consider complaints filed against either one.

Balderas, in his capacity as attorney general, has used private attorneys whose salaries and benefits are paid by the State Energy and Environmental Impact Center, funded by former New York City Mayor Michael Bloomberg, an active supporter of climate-related issues.

These lawyers have focused on environmental and climate issues, often targeting fossil fuel companies. This is in line with the views of New Energy Economy and Nanasi, and explains why campaign finance complaints against them are ignored, according to New Mexico Democrats for Democracy.