New Mexico Mercury

A “Connect the Dots” Report Published by Common Cause New Mexico

Common Cause New Mexico (CCNM) just released its latest “Connect the Dots” report focusing on lobbyists and lobbying in New Mexico. The research looks at who are the lobbyists; who are their employers; political contributions to legislators by both lobbyists and their employers; and money spent by both lobbyists and their employers to entertain and feed legislators.

In 2013, there were 673 lobbyists registered in New Mexico, outnumbering legislators by over six to one.

The report takes a look at the lobbyist corps in Santa Fe and asks who they are and who they represent. We look at the tools they use to influence legislation, campaign contributions, food, entertainment and other amenities. Further, the report delves into several case studies to see if there is a correlation between gifts, contributions and outcomes including:

• The oil and gas lobby and its effort to block a bill to update fines and requirements for the industry in 2013
• Agricultural interests and their effort to block a bill to require the identification of genetically engineered crops in 2013
• The banking industry’s efforts to block a foreclosure bill in 2013
• And the trial lawyers’ efforts to block two bills providing legal immunity for Spaceport America in 2012 and the passage of a measure in 2013   pushed by lobbyists representing Virgin Galactic, the spaceport's major tenant

Want to know how much sway lobbyists have on lawmakers and the laws they craft in the New Mexico Legislature? Or if the hired guns in Santa Fe are exerting undue influence by virtue of their omnipresence and their clients' deep pockets? Or do you think they simply provide information for unpaid legislators with no salary, no permanent staff and little time and expertise in technical issues? We explore all of these questions and more in this research report.

Among the findings:

• Six top lobbyists in the NM legislature have 20 or more clients
• 26 former legislators are now lobbyists
• Lobbyist have spent three-quarters of a million dollars feeding, entertaining, and giving gifts to candidates for state office, over the past year and a half
• Representatives opposing a bill to regulate oil and gas operations received three and one half times more contributions than those voting for it
• Two thirds of oil and gas contributions to legislators come from companies based outside New Mexico
• Special interests representing bankers and lawyers spent heavily on key committee members to block legislation over several years.

We want to clarify that the correlations found here between lobbyist spending, campaign contributions and voting behavior do not imply that legislators are trading votes for campaign donations or fancy dinners. However, the correlation between contributions and voting behavior alone can erode trust in government and interest in politics among the population. If the public believes that powerful interest groups can use their financial resources to steer policy in the direction of their interests, it is not good for the status of democratic governance in our state.

This report has been months in the making, and we were delighted to have had former State Senator Dede Feldman as part of our research team for this project.  Her intimate knowledge of the legislative process was vital, as was the help of two law students, Jarrett Hines-Kay and Jonas Armstrong.

The table of contents includes the following:

I. Introduction and Background

II. Lobbyists and their Toolboxes
Who are they and whom do they represent?
Out-of-Staters and Super Lobbyists 
The Revolving Door and Blood Ties
The Lobbyist's Toolbox: The Expense Account and the Campaign Connection

III. Connecting the Dots
What do the lobbyists get for their investment?

IV. The Influence of the New Mexico Oil and Gas Lobby
Campaign Contributions made by the Oil and Gas Industry
Legislative Contributions
The Oil and Gas Lobbying Corps
Oil Lobbyists Use a Variety of Tools to Make Friends and Influence Votes
Do the Industry's Contributions and Expenditures Get Results?

V. The Agricultural Industry's Influence & Senate Bill 18
A Confusing Process, but a Creative Way to Kill a Bill
The Vote on SB 18 and Potential Influence by the Agricultural Industry

VI. Beyond Roll Call Votes
Committee Action is Key Factor in Life or Death of Bills

VII. Bankers’ Lobby Resists Fair Foreclosure Bill

VIII. New Mexico Trial Lawyers vs. Virgin Galactic: Experienced Lobbyists Face Off in Strategic
Showdown
Campaign Contributions made by the NM Trial Lawyers
Strategic contributions to legislative decision makers
Outcomes: Did the Contributions Make a Difference?
Lobbyist Activities, Negotiations and Compromise

IX. Recommendations

X. Conclusion

For a full copy of the report, go to the Common Cause New Mexico web site at www.commoncause.org/nm.