Spending caps on hold in Albuquerque mayoral race

By The Associated Press

09.07.01

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ALBUQUERQUE, N.M. — The 10th Circuit Court of Appeals in Denver has issued an order to stop the city from enforcing spending caps in the Albuquerque mayoral race.

Mayoral candidate Rick Homans had asked the appellate court for a preliminary injunction after U.S. District Judge Martha Vazquez lifted the injunction on the spending cap last week.

"I will be able to continue a vigorous campaign to talk to the voters of Albuquerque about my great ideas for the city," Homans said yesterday after learning about the 10th Circuit decision.

His attorney, Rick Alvidrez, said he received a phone call from a court clerk yesterday afternoon informing him of the decision.

"The city is prohibited from enforcing the expenditure caps," Alvidrez explained. He said he did not know the specifics of the decision because he had not seen the court's written opinion.

In the opinion, the appeals court noted, "Having determined that Mr. Homans has demonstrated a substantial likelihood of success on the merits, we believe that the public interest is best served by following binding Supreme Court precedent and protecting the core First Amendment right of political expression."

The U.S. Supreme Court considered spending caps in the 1976 case Buckley v. Valeo and ruled them unconstitutional, but Albuquerque kept its limits.

The City Charter says mayoral candidates cannot spend more than twice the mayor's annual salary. The limit would be about $175,000 this year.

Homans has said his total spending before the Oct. 2 election could be as much as $500,000.

Homans had moved his office into his home and had stopped television and radio ads after Vazquez issued her decision last week. He had said he would continue getting his word to voters by knocking on doors and speaking wherever voters gathered.

Homans said he was relieved to hear the appellate court's decision.

"I feel very good about it," he said last night. "It supports the principle of free speech. It allows a newcomer like myself to challenge the political establishment."

Although Homans is temporarily free to spend money on his campaign, John Bonifaz of the National Voting Rights Institute said the battle is not over.

"This is not, however, a final ruling on the merits in this case. This case now moves back to the district court and we intend to assist the city in vigorously defending these limits as it reaches the merits stage," he said.

The Boston, Mass.-based institute served as special council to the city in this case.

"I think that Judge Vazquez's ruling demonstrates that new facts and new interests can justify campaign-spending limits," Bonifaz said. "This particular ruling at the 10th Circuit grants an injunction preventing use of the limits for this election. It does not end the matter."

Homans had filed his appeal Sept. 5, saying the rules changed unfairly in mid-campaign. When Homans began his campaign in June, he said, the city clerk informed him no spending limits were in place because of a state court's preliminary injunction. But the injunction lapsed with the intervention of campaign rival Bob Schwartz, a former district attorney.

Besides Homans and Schwartz, candidates for mayor include incumbent Jim Baca, former Mayor Martin Chavez, city councilors Mike McEntee and Alan Armijo, and James Lewis.

Update

N.M. city's mayoral campaign-spending cap struck down
Federal judge says she was bound to follow earlier decision in case by 10th Circuit but believes Albuquerque's limits would survive constitutional challenge.  08.26.02

Related

Federal judge refuses to lift Albuquerque's campaign-spending cap
Court finds Rick Homans would probably not prevail at trial; mayoral hopeful says he’ll appeal ruling to 10th Circuit.  09.04.01