Katharine Clark

Hard-hitting trial lawyer attacks on Dem Secretary of State candidate and Santa Fe County Clerk Katharine Clark have been vociferous enough to generate reader questions as well as pushing out a theory behind those hits spearheaded by ABQ state Sen Katy Duhigg and her brother David Duhigg, both prominent trial attorneys. Katy Duhigg is also a member of the influential Senate Judiciary Committee.

In a a letter to newspapers Santa Fe's Ouida MacGregor surfaces the theory that has been flying below the media radar in this very contentious race between Clark and her opponent, Dona Ana County Clerk Amanda López Askin:

I studied López Askin’s campaign reports, and at least 19.6% of her campaign contributions come from trial lawyers. Notably, she received $2,500 from Senate Judiciary Committee Chairman Joe Cervantes, $6,200 from Sen. Duhigg, and $8,200 from lawyers at Duhigg’s law firm. Why would the trial lawyers care so much who wins the SOS race? The trial lawyers have a history of playing fast and loose with campaign disclosure requirements, which the SOS oversees and enforces. 

Recall last summer, a trial lawyer group (New Mexico Safety Over Profit) was hit with a 73-page lawsuit and fined the maximum $5,000 by the State Ethics Commission for violating disclosure requirements in the Lobbyist Regulation Act. They ran an advertising campaign against medical malpractice reform, spending at least $56,000 without disclosing the sources of their funding. Fellow voters: Remember that it’s not how much money a candidate has raised that matters; it’s who contributed and why.

The Duhiggs public criticism of Clark has centers on issues other than campaign finance: 

López Askin

There was a debate over Clark releasing early voting data. An ethics complaint claimed Clark violated New Mexico’s election code by releasing absentee and early voting data before the polls had officially closed during four recent elections. Clark has defended her actions by stating that the Secretary of State's official portal does not release final results early. Critics like Duhigg view strict adherence to election protocols as vital for the Sec. of State.  

The complaint David Duhigg filed against Clark over early release of election results was considered by the SOS who found no evidence that the electorate was affected and is not pursuing prosecution. 

Clark and Duhigg have also battled over election legislation. Duhigg is a former Albuquerque City Clerk who frequently sponsors election-reform bills (such as the New Mexico Voting Rights Act) and has clashed with various county clerks over how election laws should be implemented. While Clark brands herself an "election nerd" fighting executive overreach, Duhigg has said the objections from some county clerks regarding statewide election mandates as "misguided," saying she wants a unified state-level approach for election standards. 

So, is there a trial lawyer movida against Clark or legitimate hits on her record?  One thing is certain--Clark is bucking the Democratic establishment as seen in the endorsements of López Askin by outgoing SOS Maggie Toulouse Oliver, Gov. Lujan Grisham and First Endorser Sen. Martin Heinrich.

This is a banner race that we will cover in detail Election Night June 2 starting at 6:30 p.m on public radio KANW 89.1 FM and kanw.org. Join us for all the action.  

FINAL ADS

Sam Bregman focuses on Deb Haaland's frequent communications gaffes in one of his final TV ads of the campaign. As Secretary of Interior under President Biden, Haaland repeatedly struggled in answering questions from congressional committees, a trend that has continued in some of her media interviews during this campaign for governor. In his ad Bregman takes full advantage of his opponent's verbal mishaps, but the question is to what effect at this late stage? Haaland remains heavily favored to capture the Democratic nomination next Tuesday. 

MONAHAN GUV ANALYSIS 

Bregman remains under heavy ad attacks from third party groups supporting Haaland. Polymarket has Haaland's chances of winning at 96 percent. Bregman's longshot hope is to keep turnout low. That means negative hits on Haaland until the end with the aim of dampening voter enthusiasm for her and voters deciding to stay home. 

In a roundabout way Bregman's attacks may end up helping Haaland. The electorate statewide is now aware of her faults and have had time to digest them, perhaps deflating their importance in the November election against the GOP nominee, should she win next week.  

INDIAN COUNTRY  

Haaland's final stretch ads include an only in New Mexico moment. Former Navajo Nation President Jonathan Nez endorses Haaland in a radio ad voiced entirely in the Navajo language. Haaland would be the first Native American governor in state history. Nez is also on the June 2 primary ballot---in Arizona where he is seeking a congressional seat. 

Haaland has not locked up all the Native support. Bregman successfully raided her base by lining up several tribal endorsements, including that of big Sandia Pueblo in ABQ. 

By the way, let me tell you about how back in the day when I was consulting a congressional candidate and what happened to me in Gallup. I wrote a 30 second radio ad to be translated from English to Navajo. The narrator went into the glass-enclosed studio as I watched him record from outside. He hit the 30 second mark and kept reading--for like over a minute. It turns out that translating English into Navajo is not an easy fit. 

Yes, the campaign paid for the extra time needed for the ad. For me, it was a lesson learned. 

SNARLING AND RABID?

On the Thursday blog we told the story of Dem gubernatorial candidate Deb Haaland bowing out of a town hall sponsored by the ABQ Journal and then drawing the wrath of the paper's executive editor who pledged that in retaliation the paper would now "investigate her." That brought this from a Senior Alligator of the Dem variety:  

Deb Haaland not attending the Journal forum says more about the Journal’s future than hers. Why would she show up to a forum put on by a dying paper whose readership doesn’t resemble the Democratic primary vote and whose opinion columnist accused her of associating with a child molester? Should she go out of a show respect for a paper that shows her none? The future leadership of the paper struggles with their legacy and seems inattentive outside of the occasional performative exercises of attending a chamber lunch, putting on a community forum or raiding local retirement communities seeking members for their “community board." 

The energy on their editorial board room comes from the snarling, rabid Jeff Tucker not from the editor. When he’s off the leash, he's rampaging through town scaring away any remaining moderate-left readership--and that is the death knell for the Journal. 

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