Nonprofits File Lawsuit after Secretary of State Orders Them to Register as Political Committees

Two nonprofit organizations that engaged in a direct mail campaign targeting a group of state legislators sued the New Mexico Secretary of State for requiring that they register as political committees. The lawsuit was filed by the Center for Civic Policy and Southwest Organizing Project. Before the June primary, the groups send out fliers addressing several lawmakers' voting records, and all but one was up for re-election. In August New Mexico Attorney General Gary King asserted that the activities crossed the line into campaigning. The Secretary of State ordered both groups to register as political committees and comply with the Campaign Reporting Act by reporting contributions and expenditures. The groups say their mailers were related to a coming special session of the Legislature, not the election. The lawsuit states that registering with the state would violate their First Amendment rights and that both groups engage in issue advocacy, not express advocacy for the election or defeat of political candidates.
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