September 14, 2006
Lawrence H. Norton, Esq.
General Counsel
Federal Election Commission
999 E Street, NW
Washington, D.C. 20463
New Mexico Bureau of Elections
325 Don Gaspar
Suite 300
Santa Fe, NM 87503
Re: Complaint Against Patricia Madrid, Madrid for Congress, Rita Longino as Treasurer
Dear Mr. Norton:
We respectfully file this complaint against Patricia Madrid, candidate for the U.S. House of Representatives in New Mexico’s First Congressional District, for illegal campaign activity made in her capacity as New Mexico Attorney General.
We remind the Commission that this is just another attempt by Patricia Madrid to violate federal election law using non-federal funds. On June 12, a complaint was filed with the Commission that informed you of Madrid’s association with a New Mexico state political action committee, Justice for America, and its likely role in funding her campaign for federal office with unregulated non-federal funds and her continuing control of non-federal funds while a candidate for federal office. In that complaint it was noted that “a large portion of the PAC’s funding came from Stanley Fulton, the owner of Sunland Park racetrack and casino. His $100,000 donation accounted for a fifth of the committee’s fundraising in the last year. Remarkably, according to an article by Jeff Jones, an Albuquerque Journal Politics writer, that donation came “just six weeks after Madrid [in her official capacity as Attorney General] officially objected to a proposed off-reservation casino” near Sunland Racetrack. See Exhibit A. Engaging in official duties in order to receive non-federal funds that assist her campaign for Congress appears to be a pattern for Attorney General Madrid. Such a pattern suggests that her violations are knowing and willful.[1]
Specifically, four of Madrid’s self-aggrandizing mail-brochures, titled “Be Afraid,” “Attorney General Patricia Madrid Has Taken Action to Protect Veterans” (hereinafter “Veterans”), “Spending too much on prescription drugs?” (hereinafter “Prescription Drugs”), and “Message From Danny Escobedo [and] Patricia Madrid” (hereinafter “Meth Lab”), are no less than self-promotional campaign flyers, paid for by state government money, disguised as informational brochures. We ask the Commission to investigate these disturbing violations and punish Madrid and her campaign accordingly.
The Brochures Clearly Constitute Campaign Communications
“Be Afraid”
“Be Afraid,” attached hereto (Exhibit B), purports to warn parents of the dangers of internet predators, but instead glorifies Patricia Madrid’s own purported achievements as state Attorney General. Costing taxpayers over $100,000, the flyer advertises Patricia Madrid far more than any public service.
The brochure reads like an obvious campaign flyer. The cover page tells the ominous story of a preyed-upon 12-year old girl and asks, “Who’s watching your daughter?” Unfolded, Madrid’s name prominently appears eight times in lines such as “Attorney General Patricia Madrid is taking action to keep New Mexico’s children safe,” and “Attorney General Patricia Madrid needs your help to protect New Mexico’s children from online predators.”
In addition, an inset designed to look like a newspaper clipping displays a quote from a January 19, 2006 piece in The Albuquerque Tribune which states that “State Attorney General Patricia Madrid has taken a much needed, aggressive stance in combating internet sexual predators who target children.” The use of the news article praising the Attorney General is neither necessary nor appropriate for an informational advertisement for a state government program. On the brochure’s reverse, a headshot of Madrid[2] prominently appears next to a quote in which she says, “I need you to help me protect New Mexico’s children and teens.” Underneath this, her name appears again in bold, large-font type.
Clearly, the flyer is more about promoting Patricia Madrid’s campaign for Congress than preventing sexual abuse on the Internet.
b. “Veterans”
Similarly, Madrid’s recent flyer regarding theft of veterans’ identities (Exhibit D) is clearly a campaign communication disguised as an official alert from the Attorney General’s office. In bold letters at the top, the flier reads, “Attorney General Patricia Madrid Has Taken Action to Protect Veterans.” Underneath, it states, “The personal information of 26.5 million veterans has been stolen due to the negligence of the Federal Department of Veterans Affairs. New Mexico Attorney General Patricia Madrid has taken action to help you deal with the crisis by developing an Identity Theft Repair Kit that can help you take back your identity.” Next to this caption is a portrait shot of Madrid—apparently the same photo which appears on “Be Afraid.” Next to this photo is a quote from Madrid—“Here in New Mexico I’ve taken action to give you the tools to take back your identity and prevent identity theft from happening to you in the future.”
This is clearly an attack by Patricia Madrid on the Federal Department of Veterans Affairs, not an appropriate subject matter for a state government informational advertisement.
c. “Prescription Drugs”
In “Prescription Drugs” (Exhibit E), Patricia Madrid makes no effort to hide the fact that the mail brochure is a piece of campaign literature. The brochure leads with the self promoting headline, “Attorney General Patricia Madrid Fighting to Keep Your Prescription Costs Down” and the face of a worried woman holding two pills. This is followed by two unnecessary quotes, purportedly from television and a local newspaper, that lavishly praise Madrid’s fighting spirit, but do nothing to inform New Mexico citizens how they or the Attorney General can control prescription drug costs. The only civic service contained in the brochure is a post card and one sentence informing New Mexicans that there exists a book containing prescription drug prices. But for this one statement, the brochure is in all respects campaign literature touting Madrid’s purported accomplishments that is printed, mailed, and paid for by the state of New Mexico. The Santa Fe New Mexican reports Madrid’s spokesman saying the brochure costs $61,257 to produce, money that came from the settlement of a class-action law suit paid into a New Mexico state fund. See Exhibit F. This is an inappropriate use of taxpayer money and constitutes a citizen funded campaign advertisement for Madrid.[3]
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