Former inmates with felony convictions can register to vote under new provisions in New Mexico - Associated Press
More that 730 people so far have registered to vote under the new voting provisions concerning felony convictions, according to the New Mexico secretary of state's office.
District Judge Kathleen McGarry Ellenwood has ordered that steps be taken to ensure former inmates eligible to vote under a law last year can do so.
The law that took effect in July 2023 restored voting rights to about 11,000 people in New Mexico who previously served prison time for felony convictions.
It allows people to vote after they are released from custody, including those who are on probation or who have been granted parole.
But a lawsuit recently filed in Santa Fe by a group that advocates for people who are incarcerated or used to be claims that some applicants seeking to have their voting rights restored have received rejection letters from county clerks relying on inaccurate or outdated information from the secretary of state's office and the New Mexico Corrections Department, the Albuquerque Journal reported.
Ellenwood's order requires Secretary of State Maggie Toulouse Oliver to provide updated voter registration forms.
Oliver also must work with the state's 33 county clerks to determine whether people who attempted to register to vote since July 2023 but were rejected should be added to the state's voter rolls, the Santa Fe New Mexican said.
NM Supreme Court says jails could be sued over mistakenly releasing inmates - By Rodd Cayton, City Desk ABQ
With the backdrop of a succession of erroneous Bernalillo County Metropolitan Detention Center (MDC) inmate releases, a new court ruling could mean expanded liability for jails and prisons.
The New Mexico Supreme Court ruled Tuesday state law allows those harmed by mistakenly released inmates to sue the jail or prison.
In a unanimous opinion, the court sided with the estate of Katherine Paquin, an Albuquerque resident killed in 2012 by Christopher Blattner who was mistakenly released from state prison.
The plaintiff’s attorney, Adam Flores, said the ruling could apply to local jails, such as MDC.
“I’m thrilled that these kinds of cases can be heard by a jury instead of dismissed by a judge,” Flores told CityDesk ABQ shortly after the decision was announced.
In July, Metropolitan Detention Center inmates were mistakenly released on three occasions. Each has since been returned to custody.
A spokesperson for MDC did not respond to questions about how the court’s decision might impact the jail’s policies and procedures.
In its decision, written by Justice Shannon Bacon, the state’s high court ruled that a provision of the New Mexico Tort Claims Act applies in the Paquin case.
That provision holds an agency liable for the negligence of its employees in their duties “in the operation or maintenance of any building, public park, machinery, equipment or furnishings.”
Blattner, who was serving time for drug trafficking and possession, was mistakenly released from prison three years early, according to a news release from the New Mexico Administrative Office of the Courts.
In 2018, Blattner was sentenced to 30 years in federal prison on unrelated drug and weapons offenses, to be served after a 28-year state sentence for second-degree murder.
Paquin’s family then sued the state Department of Corrections in district court. That court granted summary judgment in favor of the corrections department, a decision which was reversed by the state Court of Appeals.
The Supreme Court ruling sends the lawsuit by Paquin’s estate back to district court.
What to know about the seven candidates for PRC - By Hannah Grover, New Mexico Political Report
The New Mexico Public Regulation Commission nominating committee selected seven candidates to interview for spots on the influential regulatory board, including the incumbent James Ellison and state Sen. Greg Nibert.
In addition to Ellison and Nibert, the list includes Colin Walcavich, Flavious Smith Jr., Debra Hicks, Blessing Chukwu and Stephen Meyer. The nominating committee narrowed the selection of candidates down from about a dozen during its meeting on Wednesday.
The law requires that no more than two of the three commissioners be members of the same political party. Currently, the commission consists of two Democrats and one member who is not registered with any political party. Ellison is the one member of the commission that isn’t registered with a political party. He is also the only commissioner whose seat is up for reconsideration this year, which means no Democrats can be appointed.
JAMES ELLISON
Prior to being appointed to the PRC, Ellison worked as a grid analyst at Sandia National Laboratories. He has bachelor’s degrees in physics and political science from Clemson University, a masters degree in engineering and policy from the Massachusetts Institute of Technology and a masters degree in business from Stanford University.
Ellison said in his response to questions that the most consequential action that the PRC has taken in the last 20 years was the commission’s actions in 2019 when the then-elected regulatory body fought against implementing the Energy Transition Act while considering an application by the Public Service Company of New Mexico to close the San Juan Generating Station. The commission at the time argued that the efforts to close the power plant began before the passage of the Energy Transition Act and the PRC opened a docket prior to the Energy Transition Act passage focused on closing the power plant.
“This attempt to circumvent the soon-to-be adopted ETA was improper and a clear example of regulatory overreach, and had significant ramifications for utilities regulation in New Mexico,” Ellison wrote in his response.
GREG NIBERT
Nibert is a lawyer whose more than 40-year career has mainly focused on oil and gas. He has a degree from Pepperdine University School of Law. Nibert currently is a state senator, though he did not run for reelection this year.
Nibert graduated from Clovis High School in 1976 and has been registered to vote as a Republican since he was 18 years old.
Nibert voted against the Energy Transition Act while serving in the New Mexico House of Representatives.
When asked about the most consequential action the PRC has taken in the last 20 years, Nibert also pointed to the San Juan Generating Station.
“The early retirement of the San Juan Generating Station stands out as a pivotal decision, significantly impacting local communities, coal mining, and New Mexico’s energy landscape,” he said in the submitted responses to the nominating committee. “This action accelerated the shift toward renewable energy sources, specifically wind and solar, for the generation of electricity, altered utility capital expenditures, and prompted legislative action to address the resulting challenges.”
COLIN WALCAVICH
Walcavich currently resides in New York where he serves as director of regulatory affairs and strategy for Elevate Renewables. His resumé includes experience with the Federal Energy Regulatory Commission, where he worked for more than nine years. He has a master’s degree in public policy from the University of Florida and bachelors degrees in economics and political science also from the University of Florida. He is registered to vote as an independent.
While Walcavich describes New Mexico as a “leader and first mover in the national energy transition,” he also acknowledges that he has limited experience with the ETA. What he does bring to the table includes experience increasing renewable energy interconnection and a focus on decarbonization.
In response to the question about the most consequential action the PRC has taken in the last 20 years, he highlighted several, including the PRC’s involvement in establishing and updating renewable portfolio standards—requirements for how much electricity investor-owned utilities must receive from renewable sources.
Walcavich also pointed to the PRC’s essential denial of the proposed merger between utility giant Avangrid and the state’s largest utility as another consequential decision.
He said the community solar rules represent another important decision that increased access to clean energy. Walcavich further praised interconnection and grid modernization efforts and the work to increase electric vehicle charging infrastructure. He further highlighted PRC efforts to support Indigenous tribes. Finally, he said that every rate case the PRC has ruled on is important.
FLAVIOUS SMITH JR.
Smith works as a director of specialty asset management focused on oil and gas for the Bank of America and currently resides in Texas. He has a law degree from the University of Oklahoma. Smith is registered to vote as a Republican. He says he has experience in regulatory topics and has had “exposure” to utility rate setting, regulatory compliance and the Energy Transition Act.
Smith said that the most consequential action or decision the PRC has taken in the past 20 years is the implementation of the Energy Transition Act.
DEBRA HICKS
Hicks is a licensed professional engineer with a bachelor of science in civil engineering from New Mexico State University. She is also a registered Republican whose family has been in the Lea County area since 1907.
Her experience includes work on topics like mining, hazardous materials facilities, uranium enrichment facilities, utilities and infrastructure. She spent more than three years on the utilities board for the City of Hobbs and currently serves as the vice chair of that body.
She said the most consequential action or decision that the PRC has made in the last 20 years is how it has managed the closure of coal-fired power plants. Hicks pointed to the Four Corners Power Plant that is slated to close in 2031 and the San Juan Generating Station, which is currently being demolished. She said the loss of the plants creates a challenge in providing a stable energy supply.
“Coal plant closures affect energy production, but they also result in significant job losses and reductions in local tax bases, especially in regions like the Four Corners that have been economically dependent on these plants for decades,” Hicks wrote in response to questions from the nominating committee. “The PRC’s decisions are therefore far more complex than simply shifting to cleaner energy—they must consider the social and economic consequences. In regions reliant on coal, communities are facing economic disruption and uncertainty, making it critical for the PRC to adopt a holistic approach.”
BLESSING CHUKWU
Chukwu has more than 20 years experience working in utility regulation in Arizona and Oklahoma. She is not registered with any political party. Chukwu has a masters of business administration from the University of Central Oklahoma and a bachelor’s degree in accounting, also from the University of Central Oklahoma. She currently serves as the chief of compliance and consumer service for the Arizona Corporations Commission, which is Arizona’s equivalent to the PRC.
Like other candidates, she pointed to the closure of the San Juan Generating Station as the most significant action the PRC has taken in the past 20 years. She cited the impacts this decision had on nearby schools, the community, the economy and the environment.
STEPHEN MEYER
Meyer is the chief executive officer of the consulting firm Energy Demand Solutions, Inc. He previously served as a principal investigator with the state’s Energy, Minerals and Natural Resources Department. He is also an active member of Renewable Taos, an organization that assisted Kit Carson Electric Cooperative in achieving 100 percent of its daytime electricity demands being met by renewable sources.
He is registered as a decline-to-state voter.
Meyer has a master of science in technology and science policy from the Georgia Institute of Technology and a bachelor of science in aerospace engineering from Pennsylvania State University.
He acknowledges that he doesn’t have experience in utility rate setting or promulgating regulations.
Like many of the other candidates, Meyer pointed to the implementation of the Energy Transition Act as the most consequential action the PRC has taken in the last 20 years. He described the Energy Transition Act as a “change management roadmap” that will impact every New Mexico resident.
“Although everyone will be affected by these changes, some are being affected abruptly. Our coal-dependent communities lost an enormous part of their economic foundation,” he wrote.
He then described steps that he believes the PRC should take to help New Mexico transition to cleaner energy, including implementing energy efficiency and demand response programs.
“The ETA will have lasting effects on New Mexico’s energy landscape, influencing energy production, consumption, and policy for decades to come. Its success or challenges will affect the state’s environmental footprint, economic opportunities, and the wellbeing of all New Mexico communities,” Meyer wrote.
Downtown’s Wells Fargo tower could see apartment conversions - Damon Scott, City Desk ABQ
The Middle Rio Grande Housing Collaborative (MRGHC) recently released a list of projects it thinks are primed and ready to help increase the availability of affordable housing in the Albuquerque metro area. One of the more intriguing prospects on the list is an office-to-apartment conversion at the Wells Fargo Bank building Downtown.
The 17-story office tower at 200 Lomas Blvd. NW was built in 1973 and has about 145,500-square-feet of available office space along with hundreds of parking spaces. The Albuquerque office of Colliers International has the property listed as an “excellent redevelopment opportunity.”
An MRGHC analysis found that $15 million in gap funding would be needed to get the project rolling. Gap funding is used as an incentive to get an investor or developer to close a deal.
“We’re figuring out what projects might be the most practical and quickest to focus on,” MRGHC Chair Talia Freedman said. “I think that conversions will definitely be a priority.”
The city-county collaborative was launched last year as a way to speed up housing projects by pooling city and county funds and leveraging property and resources.
The group — five commissioners appointed by city and county officials — estimates a total need of $262 million in gap funding to ramp up all the projects it identified, which would create about 2,100 new housing units in all. The projects not only include conversion and redevelopment, but new construction and the acquisition of vacant land.
Albuquerque City Councilor Tammy Fiebelkorn said the collaboration is “unprecedented.”
“What sets it apart is its innovative approach,” she said. “Instead of spending years raising funds for specific projects — which can lead to delays and feasibility issues — the new joint powers agreement enables MRGHC commissioners to quickly and flexibly provide gap financing for emerging projects.”
The commission consists of Freedman, Steve Anaya, Dan Majewski, Ian Robertson and Lawrence Rael, former City of Albuquerque chief administrative officer. It has steadily ramped up efforts this year, including a request for significant funds from the state.
The collaborative adopted a resolution in late September asking for $100 million in next year’s 60-day Legislative Session, which included an appeal to support Housing New Mexico’s request of $500 million, with a local government set aside of 10% to 20%. If approved, the set aside could generate an additional $50 million to $100 million for housing projects.
The resolution was approved by the Bernalillo County Commission on Wednesday and is expected to be considered by the City Council on Oct. 21.
Meanwhile, Freedman said the collaborative is on the hunt for a planning and operations director. Those interested in the position can find details here.
Ohio man gets 3-year probation for threatening New Mexico DA - Associated Press
An Ohio man avoided prison time and was sentenced to three years of probation Wednesday for sending a threatening voicemail with racist overtones to a New Mexico district attorney last year, authorities said.
Prosecutors said 47-year-old Donald Walter Fowler, of Lido, Ohio, didn't like the way authorities and Gerald Byers were handling the investigation of a fatal shooting involving a Las Cruces police officer last October.
They said Fowler targeted Byers, who is Black.
Fowler was accused of leaving an expletive-filled voicemail on Oct. 26 for Byers, which included "there should be a noose in your future."
Authorities said records traced the call to Fowler.
He was arrested in November, indicted the following month and reached a plea agreement in June.
Fowler was facing up to three years in prison at his sentencing for a felony charge of communicating interstate threats.
Jessica Martin, a lawyer for Fowler, didn't immediately return a call Wednesday seeking comment on the case.
Byers said Fowler's threat disrupted police agency operations, required enhanced security measures at the district attorney's office and necessitated additional security measures for his home and family.
The U.S. is gripped by intense debates regarding justice, race and democracy. Black prosecutors have emerged as central figures litigating those issues, highlighting the achievements and limits of Black communal efforts to reform the justice system.
Nearly 9,000 cast their ballot on New Mexico’s first day of early voting - By Danielle Prokop, Source New Mexico
Nearly 9,000 New Mexicans cast a ballot on the first day of early voting Tuesday, which election officials called a historic turnout.
“We had – and I want to just say this is the official announcement – the biggest first day of early voting in our state’s history, yesterday,” said New Mexico Secretary of State Maggie Toulouse Oliver at a Kamala Harris campaign event Wednesday.
Of the 8,891 votes cast on Tuesday, the vast majority of people voted in-person. Only 1,141 people returned absentee ballots, according to the New Mexico Secretary of State’s Office.
Early voting will continue until Nov. 2, the weekend before Election Day, when people will make their choices for U.S. president and down ballot races. Counties will open additional early voting polling stations later this month.
Additionally, 112 people across the state have used same-day registration before heading to the booths. Rural counties posted the highest number of same-day registrants: 11 people in Grant County, followed closely by 10 people in Eddy County in the state’s southeastern corner.
More than 96,000 voters have requested an absentee ballot so far this election, according to the secretary of state’s office. More than half of the requests were from 42,022 voters living in Bernalillo County, the state’s most populous area.
The last day to request an absentee ballot is Oct. 22. All absentee ballots are required to be returned via mail or dropped off in-person or in a secure drop box by 7 p.m. on Election Day, Nov. 5.
IMPORTANT DATES
- Oct. 8 – First day for early voting and first day for county clerks to mail out absentee ballots. End of registration online or via mail, but in-person, same-day registration in effect.
- Oct. 19 – County clerks expand early voting poll locations.
- Oct. 22 – The last day to request a mail-in ballot.
- Nov. 2 – Last day for early voting.
- Nov. 5 – Election Day for the general election 2024. Polls open from 7 a.m. to 7 p.m.
BernCo asks state lawmakers for millions for housing - Rodd Cayton, City Desk ABQ
Bernalillo County commissioners Tuesday resolved to push state lawmakers to make a major investment in affordable housing.
Their resolution urges the New Mexico Legislature to consider a $100 million appropriation during the 2025 legislative session for a list of 48 projects that have been identified as priorities by the county, the City of Albuquerque and the Middle Rio Grande Housing Collaborative, a joint entity they created.
Vice Chair Eric Olivas said this list will help when he and his colleagues try to convince legislators to support the funding.
“I heard it loud and clear last year when I was in Santa Fe lobbying for housing money,” he said. “The big question was always, ‘What are you going to use it for? Where?’ They just want to know where the money’s going, but they also want to understand, how does that relate to their district?”
The resolution passed 4-1, with Commissioner Walt Benson casting the “no” vote.
“I don’t disagree that housing is our number-one issue,” he said. “But this is the largest request Bernalillo County has ever asked for. And I don’t see how the state Legislature will approve it.”
Housing New Mexico, formerly the New Mexico Mortgage Authority, predicts that the county will need 28,000 additional housing units by 2035 to meet its demand, including 4,900 units of affordable housing.
The resolution also asks the New Mexico Legislature to support Housing New Mexico’s request for $500 million with the inclusion of a local government set-aside between 10% and 20% of the total, to assist statewide affordable housing efforts.