Independent NM governor candidate sues Secretary of State over ‘unjust burden’ to make ballot - Joshua Bowling, Source New Mexico
Ken Miyagishima, the former longest-serving Las Cruces mayor who is now running as an independent to be New Mexico governor, last week sued New Mexico Secretary of State Maggie Toulouse Oliver and alleged that independent candidates face unfair obstacles to make the ballot.
State law requires major party candidates who don’t earn enough pre-primary delegates to automatically make the ballot to gather signatures equal to 2% of the number of their party’s voters who participated in the state’s last gubernatorial election. For Democrats, that’s just more than 2,500 voters and for Republicans, it’s nearly 2,400.
Independent, minor party and write-in candidates, however, must gather signatures equal to 2% of all voters who participated in the most recent gubernatorial election — more than 14,000 — to make the Nov. 3 general election ballot. And they only have until June 25 to do so.
“To me, it just isn’t right,” Miyagishima, who is representing himself after initially reaching out to eight attorneys, told Source NM. “I don’t really know how they came up with the 2%. You saw how small the turnout was for independents during the primary.”
New Mexico independents were able to vote in a primary election for the first time during the June 2 primary. The state’s number of “decline to state” voters who do not affiliate with a political party has grown steadily in recent years — they now make up more than a quarter of the state’s electorate. According to the Secretary of State’s Office unofficial results, just under 10% of voters registered as independent or “decline to state” cast ballots last week.
Miyagishima said his campaign has gathered more than half of the required signatures, but at their current rate of gathering about 150 each day, securing the required amount by the June 25 deadline appears unlikely.
His lawsuit alleges that the current requirements under state law violate the First and 14th amendments and “disproportionately” favor major party candidates.
Miyagishima requested an expedited hearing before a state district judge in Santa Fe, though court records show a hearing has yet to be scheduled. He is also seeking to reduce the number of required signatures by half — to 7,100.
Lindsey Bachman, the secretary of state’s director of communications, legislative and executive affairs, in an email told Source NM that her office had received and was still reviewing Miyagishima’s lawsuit.
Miyagishima began his gubernatorial bid as a Democrat. He left the party to run as an independent in February, one day before candidates had to turn in enough signatures to make their political party’s June primary ballot.
“I wouldn’t say I was struggling, but we didn’t knock it out of the park,” he said at the time about his Democratic campaign’s signature gathering.
Trump administration $100,000 visa fee for highly skilled foreign workers struck down - Ariana Figueroa, States Newsroom via Source New Mexico
A federal judge in Massachusetts Monday struck down the Trump administration’s efforts to require a $100,000 visa fee for highly skilled immigrant workers, finding the policy is an unlawful tax.
Judge Leo T. Sorokin found the hefty fee placed on the H-1B visa by President Donald Trump exceeded his authority by creating a tax, something that falls under Congress’ authority.
“The President has no authority to levy a tax unless such a power is delegated by Congress through statute,” Sorokin, who was nominated by former President Barack Obama, wrote. “For these reasons, the Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress.”
The H-1B program allows a U.S. employer to hire a noncitizen worker in a specialty occupation for a maximum of six years, ranging from the technology industry to healthcare workers. At a minimum, visa applicants have to hold a bachelor’s degree.
A Department of Homeland Security spokesperson said in a statement to States Newsroom that the agency disagrees “with this blatant judicial activism dismantling President Trump’s historic efforts for immigration reform.”
“The recent changes to the H-1B visa program, including the increased fee, are intended to address concerns about program integrity and the impact on the U.S. workforce,” the spokesperson said. “The policy aims to ensure that employers prioritize hiring U.S. workers, particularly in high-skilled fields. The Trump Administration remains committed to safeguarding opportunities for American workers and maintaining the integrity of employment-based visa programs.”
The suit was brought by 20 states: California, Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington state and Wisconsin.
In September the Department of Homeland Security issued a proclamation requiring employers to pay a $100,000 fee for a noncitizen to enter the U.S. under a H-1B visa.
Three men charged in NM elk tag fraud scheme - Nakayla McClelland, Albuquerque Journal
Three men have been charged with allegedly obtaining and selling New Mexico elk hunting tags to out-of-state hunters and failing to report profits to the IRS.
Danial Adair, 44; Daniel Nicolds, 57; and his brother, Lary Nicolds, 59, are charged with one count of conspiracy to commit wire fraud, five counts of wire fraud and five counts of violating the Lacey Act, a conservation law that makes it a federal crime to trade or possess wildlife that was taken or sold illegally.
From 2019 to 2022, the three men allegedly operated the scheme by fraudulently obtaining elk tags through Big Horn Outfitters, a big-game outfitting and guiding business they owned and managed, according to a Monday news release from the U.S. Attorney's Office.
The men allegedly obtained elk tags through the state's resident draw system and then transferred them to out-of-state hunters in exchange for payments and guiding services, according to an indictment filed in U.S. District Court.
The scheme began in 2019 when Adair sold a New Mexico elk tag his father had drawn to an out-of-state hunter, according to records.
Adair allegedly submitted fraudulent documents to the New Mexico Department of Wildlife, formerly known as the New Mexico Department of Game and Fish, and requested a medical transfer for the tag, the indictment states.
Big Horn Outfitters guided the hunter and collected outfitting fees and payment for the tag, according to the indictment.
In 2020, Adair allegedly sold his elk tag to another out-of-state hunter and requested a medical transfer of the tag, according to the indictment. Big Horn Outfitters collected fees for guiding the hunt.
Later that year, Adair and Daniel Nicolds allegedly sold an elk tag drawn by a client who had died and submitted false documents under the guise of another medical transfer, according to the indictment. Big Horn Outfitters again collected fees for guiding the hunt.
The three men allegedly created fake hunter accounts on the New Mexico Department of Wildlife website and fabricated information about the hunters in 2020 and 2021, according to the indictment.
"The fake hunters drew a substantial portion of the elk tags for some of the most sought-after elk hunting units in the country," the indictment states.
Adair, Daniel Nicolds and Lary Nicolds allegedly had the department transfer tags drawn by the fake hunters to out-of-state customers of Big Horn Outfitters while falsely claiming medical impairments to justify the transfers, according to the indictment.
The men allegedly submitted fake doctor's notes, fraudulent transfer requests and transfer agreements signed by Big Horn Outfitters clients, the indictment states.
According to the indictment, Adair, Daniel Nicolds and Lary Nicolds sold the fraudulently drawn and transferred tags to Big Horn Outfitters clients, who were typically told they were purchasing valid landowner tags.
"The successful hunters transported the elk they harvested in New Mexico, while hunting with the fraudulently obtained and invalid tags, to locations around the United States," the indictment states.
The men allegedly used prepaid debit cards to pay fees for the fake hunters to participate in tag draws and used a computer at a public library to avoid being linked to the scheme, according to the indictment.
"As a hunter, I know it's extraordinarily difficult for New Mexico residents to draw elk tags," First Assistant U.S. Attorney Ryan Ellison said. "Fraudsters who illegally rig the system and make it more difficult for New Mexicans to hunt elk in their own state will be aggressively prosecuted and held fully accountable."
A flesh-eating cattle parasite spreads beyond Texas as new screwworm cases are found - By Jeffrey Collins, Associated Press
Three more cases of the New World screwworm have been confirmed, including one outside the main cluster in Texas, demonstrating the difficulty of stopping a resurgent pest that could devastate the nation's cattle industry, the U.S. Department of Agriculture announced Monday.
The screwworm is actually a fly larva that eats living flesh instead of dead material. The flies lay their eggs in open wounds of animals like cattle, but wildlife, pets and occasionally even humans can be infested. The government has a program to breed sterile male flies and drop swarms of them from planes to mate with wild females, which kept screwworm contained at the southern end of Panama for decades.
So far, there are five confirmed cases: three calves and a goat in Texas and a dog from neighboring Lea County, New Mexico. The small dog, which the USDA initially reported as a Texas case, lives in New Mexico and was reclassified as the first in that state.
The dog had not traveled to Mexico or Texas, so authorities were investigating around the property where the pet lived. If they find infected flies, animal inspections in the area will increase, New Mexico State Veterinarian Samantha Holeck said during a virtual news conference Monday.
Screwworm cases continue to climb
The first two screwworm cases were discovered last week in calves a few miles apart in south Texas. A case was announced Monday in a calf in La Salle County, southwest of San Antonio, and in a goat in Gillespie County, west of Austin.
In each case, officials have set up a 12-mile (20-kilometer) quarantine zone to try to slow the parasite's advance.
Along with cattle and other warm-blooded livestock, scientists worry screwworms could devastate the millions of wild white-tailed deer in Texas.
Scientists expect new cases could pop up in the coming days and weeks, but it doesn't mean screwworm is spreading rapidly, said Edward Burgess, a University of Florida entomologist who studies the fly.
"When that first case is seen, everyone is being vigilant and their eyes are on it more intensely," Burgess said. "And when you are looking for something, you are more likely to see it."
A race to stop the screwworm now moves to Texas
Screwworm gets its name from the maggots' habit of burrowing — or screwing — into a wound, according to the USDA. The pest eats the flesh of the animal, further opening wounds and increasing the risk of deadly bacterial infections. Animals can die within a few weeks if not treated. There are a dozen government-approved medications to treat livestock.
The agency and the U.S. cattle industry have been racing to prevent an outbreak since screwworm was detected in Mexico late in 2024. The USDA has been dropping sterile flies in south Texas since February and is working to both increase sterile fly production in plants outside the U.S. and build a $750 million fly factory in Texas.
So far, screwworm's reappearance hasn't greatly affected beef prices, which are already near record levels because there are fewer cows in the United States. Although the parasite attacks live cattle, it does not infest meat or fruit.
Canada temporarily stopped importing cattle, horses or other livestock from Texas on Friday. The parasites prefer humid areas where temperatures are at least 77 F (25 C), making them more of a summer problem up north.
Fighting screwworms with sterile male flies
Burgess said the long-term solution — breeding sterile male flies — is months away. Since wild female flies mate just once, if that encounter is with a sterile male, outbreaks can eventually be halted as the flies die out.
The goal is to have enough sterile flies to stop the pests from returning in 2027 after the winter kills off most of them, USDA Secretary Brooke Rollins said at a news conference at the U.S. Livestock Insects Research Laboratory in Kerrville, Texas.
Scientists are also working on ways to sterilize only male flies to make the program even more effective.
Texas officials encouraged ranchers to keep a close eye on their herds and local wildlife. There's now a 24-hour screwworm hotline and a website and map for reported cases.
"This is a highly treatable condition if you act on it immediately," Republican Gov. Greg Abbott said.
However, Texas Agriculture Commissioner Sid Miller — who lost the recent Republican primary to a candidate backed by Abbott — said the federal response will take too long and risks crippling the cattle industry.
Instead, he says a poison bait could eliminate the screwworm problem in a few months, even if the USDA and other experts say the bait hasn't been proven effective and could poison other flies, animals and even humans.
"What the hell is a good fly?" Miller said in an interview.
___
This story has been updated to reflect that the USDA revised the dog screwworm case to New Mexico, not Texas as the agency initially reported, and to correct the spelling of Kerrville.
___
Associated Press writers Susan Montoya Bryan in Albuquerque, New Mexico, and Scott McFetridge in Des Moines, Iowa, contributed to this report.
PRC hearing examiners recommend reversing $400 million TXNM stock sale to Blackstone - Justin Horwath, Albuquerque Journal
State Public Regulation Commission hearing examiners on Monday said commissioners should reverse a $400 million sale of TXNM Energy Inc. stock to Blackstone Inc., a move that could complicate the New York-based private equity firm’s $11.5 billion bid to acquire the publicly traded company.
The sale last year of 8 million shares of TXNM stock gave Blackstone a 7.59% stake in TXNM. Regulators said it violated a law prohibiting utility mergers without prior approval from the PRC.
TXNM, which owns Public Service Company of New Mexico, and Blackstone argued that the stock sale was not connected to the multibillion-dollar buyout proposal filed with state regulators in August.
But the sale became an issue when Albuquerque nonprofit Prosperity Works filed a motion earlier this year saying the stock transaction violated New Mexico law.
New Mexico Attorney General Raúl Torrez, in his own February filing, cast doubt over the transaction, saying the “acquisition must proceed in full compliance with the law.”
The PRC asked Blackstone and TXNM to prove why the stock sale was not illegal, leading to the hearing examiners’ recommended decision.
But the companies’ argument did not prevail with hearing examiners Jocelyn Barrett and Patrick Schaefer. They recommended the companies not only unwind the stock purchase, but also pay penalties — $100,000 each to be levied on TXNM and two Blackstone-affiliates — “for their knowing participation in the unauthorized transaction.”
They also suggested that Blackstone and TXNM refile the acquisition with state regulators, so that it “accurately reflects the current posture of the transaction and any steps taken to address the unauthorized stock transaction.”
TXNM and Blackstone declined to comment, saying the two companies are reviewing the decision.
The companies have a chance to file what are called exceptions to the hearing examiners’ report before commission hearings on the issue. If the three PRC commissioners agree with the hearing examiners’ recommendation, Blackstone and TXNM will have to unwind the transaction.
In April, TXNM President and CEO Don Tarry testified to state regulators that if the companies are ordered to unwind the stock transaction, it would result in an $800 million swing in its capital structure because TXNM would have to repay Blackstone $400 million using debt. TXNM has said in filings that the move could ultimately hurt ratepayers.
“We would have requested (PRC approval) in an expedited process,” Tarry said in April. “But it would have been beneficial … to be able to do that to both eliminate the delay and the amount of work that would have been done.”
Steven Michel, an attorney representing Prosperity Works, questioned the accuracy of Tarry’s statement, pointing to the TXNM CEO’s testimony that the company used at least a portion of the stock sale proceeds to pay down debt.
“Regardless, at the end of the day, they really have no one to blame but themselves,” he said of the companies in an interview. “In New Mexico, the laws dealing with utility acquisitions are all one page long, and they have the highest-priced lawyers in the country dealing with this. And this wasn’t a difficult thing to figure out.”
Mariel Nanasi, whose Santa Fe nonprofit New Energy Economy is a party in the case, said Monday’s recommendation “raises serious questions about the fitness and judgment of the entities seeking to acquire one of New Mexico’s most important public utilities.”
Her group has long been critical of past utility deals, including the failed takeover of TXNM by Avangrid Inc. just a few years earlier.
“They spent millions of dollars on lawyers trying to explain away a transaction that never should have happened,” Nanasi said. “Today’s decision sends a clear message: billion-dollar Wall Street firms do not get a hall pass to ignore state law.”
On Wall Street, TXNM’s stock fell more than 2% on the day, sharply declining after news of the decision was released. Prices slightly recovered in after-hours trading to roughly $58 per share.
The stock sale, which happened in the summer of 2025, came before the proposed acquisition was filed with state regulators in August, but around the time the two companies first announced the deal.
As part of the deal, Blackstone offered TXNM shareholders $61.25 per share in exchange for ownership of the company. Blackstone plans to delist TXNM — which also owns the utility Texas-New Mexico Power Co. — from the New York Stock Exchange.