Alamogordo Town News KALH Radio Anthony Lucero Reports Threats Against Susan Payne

The Mayor of Alamogordo Susan Payne receives threats and calls for her death as reported in a live interview with KALH Radio’s Anthony Lucero in a breaking news report.

The incidents began with tensions off the charts with protesters in front of Alamogordo High School from an extremist religious groups not from Alamogordo attempting to stir up hate and disrupting peace in front of the high school all last week.

Susan Payne as herself on her personal web page and not in any professional capacity as mayor posted a quote on Facebook clearly stating this is her personal page closed and open only to her friends and not official page.

Sunday the 15th Payne posted the following “don’t worry about the things you can’t control, sometimes you just have to pray, put it in Gods hands and leave it alone. Pray about it today and leave it alone, Amen.”

She followed it with this also applies to cop hating blue haired freaks who are desperate to be TikTok stars. Note per Anthony Lucero’s story no one was named. 

In an interview for Alamogordo Town News on KALH Radio by Anthony Lucero she explained “no one knows who I was talking about, it doesn’t matter, I didn’t put a name, assumptions were made.

A person by the name of Jenny Buckley per KALH Radio responded via a TikTok post, “It’s telling, that she is doing a lot more to —-talk me, one of her constituents then she is to deal with the hate group…”

However Susan Payne per her statement has been keeping watching the group and asking questions both as a private citizen and via her professional capacity though actions are limited due to constitutional limitations. 

Ms. Buckley implied Susan Payne has not been seen out there once defending the kids. However KALH reports in an interview with Mrs. Payne that to be untrue. Mrs Payne was out there but chose not to post photos ops of her visit. Per Susan Payne, “I did go out there again I’m sorry I didn’t do a photo op. I didn’t know that I needed to, I assure I was there and can prove I was there long before others.”

Note per Mr. Lucero’s reporting, Buckley is not the only blue haired critic of Susan Payne from the area. 

On the plus side Buckley did identify the protesters as Cry to God Ministries which appears to be nothing more than an hate group of the facsimile of the old Westboro Baptist Church that used to protest funeral of soldiers and gays and is nothing but hate with a new coat of paint. 

Like the Westboro folks the 1st Amendment does allow these freak shows to appear free speech is not always pleasant nor tasteful speech and there are limits to what law enforcement and citizens can do to block this display of hate. 

Sadly the flood gates from this have spiraled into hate at the local level with a few radical citizens also going after and threatening Susan Payne. There is no justification for hate directed toward Ms Payne and threats and phone calls as reported in Mr Luceros story on KALH are uncalled for. Civil dialog is a must for a civil society. 

Ms Payne received several unnerving and even some threatening voice mails, one voice mail called for her execution and another called her a Nazi sympathizer. For those that don’t know Mrs Payne she was born into the Jewish faith and her family practices elements out of both Christian and Jewish traditions.

Mrs. Payne has been working hard on this issue reviewing what legally the city can do. Mrs Payne though this interview with Anthony Lucero for Alamogordo Town News on KALH Radio further explained that  she was not speaking as the mayor but as a private citizen, in her professional role daily the nonprofit she leads ensures 196 at risk children are fed weekly, she works for domestic violence victims and helps with the homeless. 

The attacks on her are a concern for her and her grandchildren’s safety. Mrs Payne has grandchildren that attend Alamogordo High School, so she certainly cares about the safety or the kids enrolled there. 

Hear the complete interview and hear a few of the hate calls and threats made to Mrs. Payne and the complete story as reported by KALHRadio.org Anthony Lucero on the Alamogordo Town News on KALH Radioedition: https://open.spotify.com/episode/2qnYgevTBLPeeeMf7HxKMQ

To stay updated on live and breaking Alamogordo Town News with Anthony Lucero and information via KALHRadio.org live stream.

KALH Community Radio 95.1

KALH Community Radio 95.1

Change in Leadership at KALH-LP Radio, Alamogordo, New Mexico

Lydia Emmanual Productions Inc and 2nd Life Media Inc announced a partnership with the non-profit Southwestern Trails Cultural Heritage Association, owner of KALH Radio 95.1 and streaming at https://kalh.org/

https://img.particlenews.com/image.php?url=4L4FWD_0jw5wfxZ00

Founded by Kenneth Bass the station has a reputation for excellence in music and hard-hitting community coverage via Spectrum New via Radio Personality Anthony Lucero. KALH was named Country Station of the Year (2012) by New Music Weekly Magazine (Nashville). However, the station while country focused plays more than Country. KALH plays New Country, Hot Country, Old Country, R&R Classic Oldies, R&B, MOR, Bluegrass, Western Swing, Big Band Jazz AND MORE. The biggest variety of music available on the radio, on the web or personal digital device live from Alamogordo.

The station, while nonprofit will be operated under a management agreement with 2nd Life Media and Emmanual Lydia Productions Inc. Chris Edwards CEO of 2nd Life Media will assume the role of General Manager with the programing support of Anthony Lucero, and contributors to programming Lydia Aspen Renteria and Emmanual Renteria and a focus on sports and fitness in partnership with Rene Sepulveda. Chris Rollerson will continue the focus on Tularosa High School Football and Basketball broadcasts.

Under the new leadership the success and family traditions of the Bass family will continue to be honored front and center as a community focused nonprofit organization committed to the local community news and information along with quality music and entertainment. Tularosa High School Sports will remain a cornerstone to the sports lineup. 

No major changes are expected at this time, excepting for an investment in some infrastructure to ensure long term sustainability and new equipment to sustain the 95.1 radio broadcast as well as live streaming.

Longer term the station will place a professional studio within the Sands Theater at 1017 New York Avenue in Alamogordo’s Historic Cultural Arts District with live streaming of music and special events “live from the Sands.” 

With this upgrade the station will be partnering with local students at area High Schools, New Mexico State University and Seniors Organizations; creating opportunities for student and senior created shows focused on art, culture, history, music and the stories of the Tularosa Basin and the Heritage of Southwestern New Mexico. Spectrum News is being rebranded Alamogordo Town News and will continue with radio personality Anthony Lucero at the helm or programming and content.

KALH-LP’s mission is to continue the almost 2 decade tradition as a public non-profit radio station that will entertain, inform, challenge, inspire and engage our listeners through an eclectic mix of musical, cultural, educational and community affairs programming and related activities in collaboration with Alamogordo non-profit organizations, local news sources and small business partnerships.

The vision of KALH-LP, a main street, New York Avenue focused Community Radio station is for a truly local radio station that reflects the diversity of views, news, and talent in our community. Our goal is to have as much local programming as possible, including talk and call-in shows; public and community affairs; writers, and a wide range of voices and perspectives as well as continue to provide the finest variety of Country and a variety of other music platforms. The broadcast schedule aims to:

  • Provide information, news, and dialogue in partnership with AlamogordoTownNews.com
  • Address critical local concerns, such as education, the economy, and the environment
  • Profile local culture and diversity of talent
  • Remember, preserve, and tell the stories of local history
  • Recognize the rich natural beauty and resources of the region
  • Highlight live programs and remote broadcasts as a community radio station

In 2003, under the Direction and leadership of Ken Bass the station was incorporated and applied to the Federal Communications Commission (FCC) for a low-powered, FM, community radio station. The station has operated continuously since. He passed on March 27th, 2021, and he is missed everyday by his family, friends, community, and everyone at KALH Radio. The Bass family has operated the station since his death with a pride and a commitment to the community. 

The Bass family made the difficult decision to resign from the board and hand leadership of the non-profit Southwestern Trails Cultural Heritage Association, owner of KALH Radio 95.1 to the Renteria’s and the Sepulveda’s to ensure its long-term sustainability as a community focused organization. 

Chris Edwards spokesperson for the new board leadership said, “with the revitalization efforts of Alamogordo’s New York Avenue, the Bass family has been very supportive of our efforts to renovate downtown buildings, tell the history and KALH had a very strong relationship with our operating businesses. We feel it an honor to carry the mission of Ken Bass forward of telling the stories preserving history and restoration efforts and ensuring local news coverage. KALH-LP is another tool for us to further tell the stories of history and what makes Alamogordo the greatest community in New Mexico.”

For questions, sponsorship information or to volunteer or program ideas contact Chris Edwards at cedwards121788@icloud.com and reference KALH in the email header.

KALH-LP has a new transmitter that will be installed in the next few weeks in the meantime the station is streaming online and can be heard anywhere with a computer or smartphone at https://kalh.org/

Or https://station.voscast.com/5b01bba90dce3

https://www.newsbreakapp.com/n/0jw5wfxZ?pd=06hHgTA5&lang=en_US&s=i16&send_time=1672194670

AlamogordoConservativeDaily.org: 3 Interesting Otero County Local Political Races: Will They Buck the Mid-Term Curse Dating to FDR?

New Mexico joined the Union in January 1912. It has participated in 28 presidential elections through 2020, alternating some extended periods of support for Democratic and Republican candidates. Democrats have now won 7 of the last 8 elections, including Joe Biden’s 54% to 44% win over Donald Trump in 2020.

Candidates Reverend Warren L Robinson veres John R Secrest lll face off for Otero County Magistrate Division One (2nd Life Media AlamogordoTownNews.com)

Locally in Alamogordo, Otero County, New Mexico

In Otero County, it appears the Republican stronghold is strong and in place and most races are a given to swing to the Republican candidate with ease. 

However, there are three races of interest this mid-term election that could be seen as competitive for a variety of reasons.

The position of magistrate judge in Otero County is typically a snooze as to what to expect of an outcome. However, this midterm election for magistrate Division One and Magistrate Division Two there are interesting dynamics at play.

The position of magistrate is one that does NOT require a law degree, and candidates typically, are individuals well embedded in the local political party system.

 The position of magistrate in Otero County has historically been made up of candidates that come from the “political machine” and as such, the position has been riddled with controversy, the last several years with political games alleged locally and via former Governor Martinez…

April 2022-

Most recently Otero County Magistrate Judge Steve Guthrie agreed to resign the Division I seat April 25, 2022, ending further disciplinary proceedings related to a judicial inquiry by the New Mexico Supreme Court which began in 2021. Guthrie’s resignation became effective April 25, according to New Mexico Supreme Court documents when the court granted a petition for permanent resignation “in lieu of further disciplinary proceedings.

In September 2021 the Judicial Standards Commission asked the court to open a disciplinary inquiry related to a slew of alleged misconducts by Guthrie. The Commission had conducted its own inquiry into the allegations beginning in January 2021. Among the allegations were improper sentences and incarceration for defendants, improper bail issuance, failure to complete required paperwork, engaging in judicial activities without proper jurisdiction, judicial misconduct and violation of a defendant’s right to due process. 

 Guthrie was censured prior to that incident in 2019 by the New Mexico Supreme Court for misconduct related to a spat he had with a neighbor.

Link to 2019 Judicial misconduct case: https://www.nmjsc.org/wp-content/uploads/2019/04/2018-031-Pet-to-Accept… 

December 2017- 

Otero County Magistrate Judge Scott Newton officially resigned from the bench and withdrew his candidacy for 12th Judicial District judge. Newton said he was tired of the politics being played at the local and state level because of him taking a leave of absence due to a medical issue. Newton said he was not going to have his good name destroyed or put his family through it. “They’re attempting to use this legal absence that I took for a basis that I am unfit to do my job,” he said to the Alamogordo Daily News in 2017 “It’s a total lie. There’s nothing wrong with me. I do have my own personal health issues to deal with, but it’s not an issue in terms of being a judge. It’s just somebody wants to make it an issue. I am not going to stick my neck out there and get it chopped off. It’s just not worth it. Especially with the medical issues that I’ve been dealing with, I don’t have the energy or stamina to fight that fight or put my family through that fight.

Newton was elected to the Magistrate Court Division I judge’s seat in 2010 after Judge Richard Stokely retired from the bench.

April 2016

Otero County Magistrate Court Judge Gene C. Galassini hung his robe up in April 2016 also under a cloud of criticism.

Per the Alamogordo Daily News at the time, “Galassini, 59, decided to resign or in his case retire from the bench because of health reason but more importantly to spend time with his three grandchildren. He and his wife, Rocky, also just celebrated their 40th wedding anniversary,” at the time of his resignation.

“It’s the stressful nature of the job,” Galassini said. “I’ve got three grand babies plus one on the way. It’s just time to start spending some time with them.”

He was first elected Magistrate Court judge in 2006 then took the bench in January 2007 after 23 years of being an officer with the New Mexico State Police in Las Cruces, Roswell and Alamogordo. Galassini retired as a lieutenant from State Police District 8 in Alamogordo.”

However, records with the State Supreme County show that the resignation may of had more to the story; then stress and health issues. 

The New Mexico State Supreme Court granted the State Ethics Commission’s Petition to Accept Stipulation in Light of Permanent Resignation from Judicial Office concerning Otero County Magistrate Judge Gene C. Galassini, Supreme Court Case No. S-1-SC-35791, JSC Inquiry No. 2015-074. “The Supreme Court order made Judge Galassini’s retirement permanent effective 02/29/16, forever barred him from holding judicial office in New Mexico, and unsealed the Supreme Court’s file in the matter. 

A link to the Supreme Court File and Mr. Galacini’s resignation letter is below:

https://www.nmjsc.org/wp-content/uploads/2016/06/2016-1-Galassini-Order…

Mr. Galassini was hired in 2021 to serve Congressional  Representative Yvette Herrell as her law enforcement liaison and has been paid a salary and other compensation since appointment of $34,833.33 as a member of staff.

You may also like: Heart and Soul of Republican Party

The 2022 Mid Term Otero County Magistrate Matchup:

Magistrate Judge Division One has turned into a very competitive race with the Reverend Warren Robison competing against John R Seacrest III, both candidates have deep roots in Otero County, both have professional, volunteer and business experience and both have campaigned with professionalism, dignity and mutual respect with no negativity in their race for office.

Reverend Warren Robinson Experience: “Reverend Robinson has 20 years of teaching, counseling and community service in Alamogordo to include 3 years’ experience with Juvenile Justice Board helping youth with reconciliation for criminal offenses, a wide range of local board experience with non-profit service organizations, Chaplain for both Alamogordo City Police and the Gerald Champion Regional Medical Center, knowledge of the community business leaders and deeply involved in local history and historical preservation” according to his responses to the League of Womens Voters.

John R Secrest III Experience: “What I bring to the courtroom is real life experience and vast knowledge. I am an entrepreneur/small business owner since age 18 with 21 years in Landlord/tenant rights, business contracts, and well versed in DWI/DUI laws. I have also been a plaintiff on several appearances in Mag. Court. To further prepare, I have been mentoring with previous Mag. Judges as well as studying the NM Criminal/Traffic Law manual and NM Constitution. I am a constitutionalist, from the people for the people’s court. I live with unwavering morals, integrity, and honesty. I am UNBIASED and fair.” according to his responses to the League of Womens Voters

The League of Womens Voters asked both candidate what they would do about the backlog within the Magistrate System?  Their response was…

Reverend Warren Robinson: “Once within the system I’ll be thoughtful in listening to staff and reviewing the existing processes, then use my experience interfacing with multiple constituencies to influence process changes to end any backlog.”

John R Secrest III: “It is my understanding that Otero County Magistrate Court does NOT have much of a back log. If there is a back log it is primarily due to covid restrictions impeding the court’s ability to operate per usual and in that instance, I would say more cases will need to be handled telephonically. There is always room for improvement.”

Both candidates demonstrate a passion for community and a sense of ethics that the magistrate’s office needs to rebuild its reputation in Otero County.

Magistrate Division 2

The race is between well-known Alamogordo MainStreet and arts advocate and realtor, Claudia Powell, verses Michal Ryan Suggs, the incumbent who was appointed to the Division II Magistrate Judge’s seat Feb. 20, 2018, by Gov. Susana Martinez after Judge James Scot Newton resigned from the bench.

Claudia Powell’s Experience per her website:” Claudia Powell has been part of this community working tirelessly as a relator since 1986 serving our military with impeccable service since 1986. Mrs. Powell has received the Military Relocation Specialist designation from the National Association of Realtors, Past President Alamogordo MainStreet, Director of the Tularosa Basin Historic Society, Otero County Habitat for Humanity, Past President Otero United Way and Past Director of the Flickinger Center for the Performing Arts.

Michal Ryan Suggs Experience per the League of Women’s Voters: Juris Doctor- Master’s degree in criminal justice from New Mexico State University, a graduate of the FBI National Academy in Quantico, Virginia, 21 years law enforcement experience, 6 years adjunct professor of criminal justice and 4 years incumbent as Otero County Magistrate.”

When asked what they would do about the backlog within the Magistrate System? 

Claudia Powell: My understanding is the backlog that was created during the Covid-19 crises is now cleared. However, if I were on the bench, I would work with the staff, within the legally bound confines, utilizing my years of collaboration and partnership skills to ensure we did all within our means locally to ease any backlog.”

Michal Ryan Suggs Experience per the League of Women’s Voters: “I can proudly say, there is no backlog of court cases in Otero County Magistrate Court. The court continued to operate throughout Covid. All of the Judges in the 12th Judicial District work tirelessly to serve the people. Whatever adjustments were needed to the docket to ensure timely access to justice were and continue to be made. Under my leadership as Presiding Judge, the speedy and fair resolution of cases has been and always will be a priority of the Otero County Magistrate Court. Our rights deserve this level of experience, knowledge, and continued commitment.”

You may also like: Heart and Soul of Republican Party

The other race that has proven, interesting, is the race for Otero County Commissioner District Two, formerly occupied by the controversial Couy Griffin. The two candidates to win the primaries are Amy Barela on the Republican side, verses Stephanie Dubois, on the Democratic side. Both candidates won a contested primary.

The race was considered initially an easy win for Amy Barela given the district leans heavily Red and heavily conservative. However, politics, judicial rulings and an appointment by the Governor of Ms. Dubois into the seat of which Couy Griffin was removed by judicial order has created many interesting dynamics into the race.

Political scientist and pollsters watching the district competition believed it an easy win for Ms. Barella. Speculation was that there would be a backlash, due to the judicial removal of Couy Griffin, thus a wave of Republican voters activated and to the polls.

Ms. Barella has easily outraised, outspent and outpaced Ms. Dubois in advertising, door knocking and overall visibility. 

Ms. Dubois on the other hand, received an appointment to the vacant position by the Governor with swearing in to occur on 10/28/22.

Ms. Dubois has been much more visible in the recent weeks and attended several events with the Congressional Democratic Candidate and others. Yesterday in Tularosa, a Get Out the Vote event was sponsored by Ms. Dubois, and Independent Candidate Elaine Allen seeking the position for District 56 State Representative was also present.

The campaign within Tularosa has become very competitive with some rumors of foul play, but thus far the campaign has been, overall civil. 

Ms. Dubois appointment by the Governor, received a respectful response by Ms. Barella. However, the response to the appointment by the Republican Party and by the Candidate for State Representative District 51, was aggressive in tone, and filled with negatives that did not benefit candidate Barela, who has shown a level of respect and decorum during the race. 

Several independents and moderate Republicans questioned, said they were leaning toward Ms. Barela but after the Republican Party response, and that of the candidate for District 51, they “opted for Ms. Dubois.” One cited, “I’ve had enough hate from that office, Couy was an embarrassment and brought nothing but trouble to Otero County, the vigor of hate that was espoused by the Party response made me decide to break the party line and vote for Ms. Dubois,” a respected and well-known Republican that asked that his name not be used said he really likes Amy but “maybe it’s time to shake things up on the commission, and end the rubber stamping of the Steve Pierce mandates, the county budget is a mess, obviously what we have in place is not working.”

Will there be a backlash from the Republican Party response to the appointment of Ms. Dubois, will Ms. Dubois be able to elicit enough moderate Republicans, motivated Democrats and Independents to the polls to carry her over to remain in the district 2 seat? Will the curse of mid-terms and the economy play into the results of the local elections? We will know in about 2 weeks.

You may also like: Heart and Soul of Republican Party

The mid-term elections in most states are traditionally, a completely different animal and can lead to all kinds of unexpected results. The mid-term election of 2018 was the year of the woman.

2018, women candidate had broken the records for the number of candidates for governor, U.S. House and U.S. Senate. The U.S. House of Representatives elected a record number of women, with at least 90 women expected to make their way to Washington, D.C. in January.

In 2018 Deb Haaland of New Mexico broke the barrier and became one of the first Native American Women elected to congress. Democrat Deb Haaland, the former chairwoman of New Mexico’s Democratic Party, won New Mexico’s 1st Congressional District in the 2018 midterms. 

Haaland, a member of the Laguna Pueblo tribe, became one of the first Native American women elected to Congress alongside Democrat Sharice Davids, who won Kansas’ 3rd Congressional District. Two Native American men — both Republicans — served in the U.S. House of Representatives prior to 2018.

Expectations for this mid-term election…

It’s true that the polls have shifted somewhat toward Republicans in certain key races. On September 15, FiveThirtyEight’s forecast gave Democrats a 71 percent chance of holding the Senate, as of midday Wednesday, that number is 61 percent. In other cases, forecasts haven’t changed much: FiveThirtyEight has the GOP’s House takeover chances still above 70 percent. And there have been some contrary indicators, with surprisingly good poll results for Democrats in redder states like Iowa and Oklahoma.

Yet what amounts to a relatively minor poll shift has been greeted with a sense of impending Democratic doom, for reasons mostly unrelated to the polls themselves. The bad economic news, the historical trend of the president’s party performing poorly in midterms, and the tendency of polls to understate Republicans in certain key cycles (especially Senate races) can all be read to suggest that the smart money is on the GOP to do well.

This underlying assumption that Republicans should be the favorites and will end up the favorites means that small poll shifts in the GOP’s favor get interpreted as devastating for Democrats. And that assumption could well be correct — there are good reasons to believe it. Alternatively, it remains possible the polls are basically on target, or that election night results could deliver a surprise in the other direction.

You may also like: Heart and Soul of Republican Party

The state of the battle for the Senate

Democrats remain the favorites in the battle for the Senate, according to FiveThirtyEight, but their advantage has shrunk in the past month. When you look under the hood of FiveThirtyEight’s model to see why, it mostly comes down to shifts in four contests:

  • In Nevada, Sen. Catherine Cortez Masto (D) dropped from a 61 percent favorite to a 49 percent slight underdog.
  • In Pennsylvania, the chances of John Fetterman (D) winning dropped from 83 percent to 68 percent.
  • Meanwhile, the chances of challengers Mandela Barnes in Wisconsin and Cheri Beasley in North Carolina winning each dropped from about 40 percent to 27 percent.

Other Democratic candidates, like Sens. Mark Kelly (D-AZ) and Raphael Warnock (D-GA), haven’t seen similar drops in the past month. Kelly is a 78 percent favorite to win, and Warnock is a 57 percent favorite. In Ohio, Tim Ryan remains a 28 percent underdog.

With the Senate split 50-50, the basic math is that so long as Fetterman picks up that GOP seat in Pennsylvania, Democrats can afford to lose one seat of their own. So, they could lose Cortez Masto or Warnock, but not both. And if Fetterman loses (and no other Democrats campaigning for GOP-held seats win), even losing one Democratic incumbent would flip the chamber.

 Georgia, Nevada, and Pennsylvania look like the most important states in determining Senate control. But there’s a problem. Only one of those contests — Georgia — has been frequently polled of late. And it’s unclear how useful those polls are, since if neither candidate tops 50 percent of the vote next month, Warnock and Herschel Walker will just head to a runoff in December.

Public polling in the other two key states has been sparse. In Nevada, we’ve gotten only two public polls conducted in October — one showing Cortez Masto up 2, and one showing her trailing by 2 among likely voters. Meanwhile, in Pennsylvania, the two public polls have both shown Fetterman up just 2. One of those polls is from the Trafalgar Group, while another is a joint effort from one Republican firm and one Democratic firm.

You may also like: Heart and Soul of Republican Party

Since Franklin Delano Roosevelt’s sweeping four-term presidency, every president has fallen victim to the “midterm curse.”

The “curse” is considered political shorthand at this point—the opposition party to the incumbent leader will wrest control of the House of Representatives or the Senate from the leadership. In fact, the sitting presidential party has lost seats in the House in every single midterm election since FDR’s first term, save for three: FDR himself in 1934, Bill Clinton in 1998 during his second term in office, and George W. Bush in 2002 fresh off a hotly contested victory in the 2000 general election. In each of these instances, the presidents had remarkably high approval ratings—around 70%—often due to historic moments that offered an opportunity for landmark leadership, such as FDR’s New Deal, Clinton’s federal budget surplus, and Bush’s handling of the aftermath of 9/11.

There are a variety of explanations as to why parties often face defeat in the midterms after sweeping the floor in the presidential election. Voter apathy and presidential approval ratings play a large part, but voters are not the only ones who sway the outcome of elections. Midterm elections are susceptible to impacts from the re-drawing of districts and gerrymandering that may occur after a presidential election and can work to disenfranchise a party’s voting block. This is not a phenomenon isolated to the U.S., either: The parties of political leaders across the globe tend to strengthen early in a presidential term before diminishing later.

With the 2022 midterm elections fast approaching, it can be helpful to look back at the past century of midterms and gauge what patterns may suggest an outcome to this year’s election. Stacker used data compiled by The American Presidency Project at the University of California, Santa Barbara, and the U.S. House of Representatives to visualize outcomes of midterm elections on the president’s political party in Congress.

You may also like: Heart and Soul of Republican Party

The President’s party has only gained seats in the House three times since 1934

The incumbent party lost control of either the House or the House and Senate six times since 1934. Only three presidents—FDR, Bill Clinton, and George W. Bush—gained seats in the House of Representatives for their parties at midterms.

In FDR’s case, this was thanks to his swift decisions steering the country out of the Great Depression, including the New Deal and various economic relief measures. Clinton’s second term in office marked the first Democratic president to gain a second term since FDR. Though his popularity was beginning to falter due to emerging personal scandals—including the Monica Lewinsky situation, which saw Clinton face impeachment for lying to Congress—it hadn’t yet hit the low that would follow. Bush’s midterms were a narrow race to win an easily swayed power balance, marked by gerrymandering and expensive campaigns that ultimately favored the incumbent party.

The Senate has faired similarly

Statewide Senate races are not impacted by redistricting but still often suffer the same outcome for the president’s party. For most of the 20th century, Senate races were often won by the opposite party than the state in question had gone for in the presidential race. In 1986, for instance, the “mismatch rate” of U.S. Senate races was around 59%, meaning over half of states voted into office senators of the opposite party than they had voted for president most recently. This has waned in intensity recently—particularly during Obama’s presidency—but still generally held. However, the 2022 election cycle may mark a departure from this tradition, with only 4% of registered voters claiming they planned to vote for a senator from a different party than they had endorsed for president.

Presidential approval rating is often the clearest predictor of seat changes

Midterm elections tend to be considered referenda on the party in power. As a result, the electability of Congressional members is increasingly tied to the public’s attitude toward the president. Swing seats have consistently gone to the nonincumbent party when public approval of the current president is low, and the inverse when the public believes their administration is doing well.

Since FDR’s presidency, presidents with a low public approval rating have lost an average of 37 congressional seats during midterms. Only two presidents—Bill Clinton and George W. Bush—have had a public approval rating above 60% during midterm elections; consequently, they have been the only two presidents in recent history to avoid the “midterm curse.”

Voters may be motivated more to turnout when their party is not in power

Voters generally turn out in lower numbers for midterms than for presidential elections. In the 2010 and 2014 midterm elections, respectively, only 4 in 10 eligible voters turned up to the polls, whereas 6 in 10 voted in the 2016 general election. However, the drive to overturn the actions of an unfavorable president can be a powerful antidote to voting apathy. A good example of this was the 2018 midterms, in which, according to an analysis by Catalist, “young voters and voters of color, particularly Latinx voters, were a substantially larger share of the electorate than in past midterms.” These voters were majority Democrats, voting in opposition to the Republican incumbent, Donald Trump. That year, midterm surge voting leaped up, and it was “clear that both mobilization and persuasion were critically important in producing this scale of victory for Democrats.”

What does this mean for 2022?

In sum, the 2022 midterms will likely follow the patterns laid out here. All seats in the House of Representatives are up for the taking and a third of those in the Senate. President Joe Biden’s approval rating—40% as of Oct. 20—is on the lower end of historical midterm rates for an incumbent president, suggesting that, if historic precedent holds, Republicans will gain seats on Nov. 8. However, some factors may exert outside influence on the midterm results. 

The Democratic Party has been experiencing the same mobilization that spurred a midterm surge during Trump’s presidency, this time regarding issues such as abortion rights and inflation. Voters in Kansas recently turned up in record numbers to vote down measures that would restrict abortion access; elsewhere in the country, local and state legislatures have taken up steps and earmarked funds protecting the right to choose in repudiation of the Supreme Court’s overturning of Roe v. Wade. 

On the other hand, Republican-sponsored extremists are doing what they can to stem this tide, threatening election workers so convincingly that there is a feared shortage of people to work the midterms. Moreover, one recent poll suggests that Democrats’ momentum may have begun to stall, particularly among women, who in 2018 turned out to vote in greater numbers than men

You may also like: Heart and Soul of Republican Party

Written by: Andrea Vale National Coverage, local coverage by Chris Edwards and Rene Sepulveda

Description: Stacker used data compiled by The American Presidency Project at the University of California, Santa Barbara, and the U.S. House of Representatives to visualize outcomes of midterm elections on the sitting president’s political party in Congress.

AlamogordoTownNews.com Alamogordo City Commission PASSES 1st Publication of Code of Conduct & Social Media Use Policy for Commission

AlamogordoTownNews.com Citizens of Alamogordo Scored a Victory with a City Commission Code of Conduct and Social Media Ordinance Passing 6 to 0 With Commissioner Melton Absent from the Meeting

In a very productive meeting of the Alamogordo City Commission tonight the Commission passed the first publication of the City Ordinance that places a Code of Conduct Policy and a social media ordinance into action for the City Commissioners.

Under the leadership of Mayor Susan Payne, the city moved forward with a 6 to 0 vote based on a strong recommendation from the City Manager and the Municiple League to add a local layer of accountability and protection for the citizens of Alamogordo and to commissioners themselves.

There was light debate led by Commissioner Josh Rardin on semantics of language as related to the city charter on one point.  Once the language was verified and the city charter was consulted to by the city attorney and the city manager all seemed pleased with the policy mechanics and the ordinance as proposed. A motion was made by Commissioner Sharon McDonald and Seconded by Commissioner Burnet and the vote was called. Without further debate and a roll call vote the motion for the Code of Conduct passed 6-0.

Commissioner Melton was not present and made comments in a previous meeting opposing the ordinance. In a text dialog with AlamogordoTownNews.com on October 4th at 7:59 pm Mr. Melton said, ” I made the comment during the last commission meeting about why I OPPOSE the draft code of conduct, in its current form.” He continued, “if changes are made, I will happily vote for it.” 

The Code of Conduct lays out a process for conduct and a process for complaints by staff or the citizens of Alamogordo for a breach of such conduct. A chairperson with legal experience would be convened to weigh the complaint and if legitimate they would assemble a review panel to review the compliant. After the review then a recommendation of a fine or censorship or escalation to the state level would then occur. Or if found not guilty of the charge then all would go back to status quo. Citizens abusing the policy would be barred from future complaints via the process in the ordinance. 

A second complimentary ordinance was also passed related to use of social media. The ordinance passed without debate with Commissioner Rardin calling the vote and Commissioner McDonald seconding the vote. It also passed 6-0 with Melton being absent.

The other topic that actually had the most dialog was the streamlining of the way business licenses are issued. The new process requires a streamlined application, an inspection by fire first and ensuring zoning is correct then a quick approval by the city clerk. The process spreads renewals across the year to the business application anniversary date verses all 1500 or so of them coming due the `1st of January. There was debate on the fees for missing the renewal and dialog around some verbiage and cannabis but overall was civil and mature dialog. Mayor Payne again explained the importance of the process, there was dialog around public safety and food trucks, but this was another very pro-business approach to streamlining the process and ensuring it was affordable to register in Alamogordo to do business. 

Mayor Susan Payne has made it a priority of her administration to show Alamogordo is “Open for Business and Business Growth.”

Excellent job and dialog by all commissioners that were present at tonight’s meeting. The 10/11/22 City of Alamogordo Commission Meeting was an example of bi-partisan collaboration, driving transparency and business, by the 6 Commissioners that were present. Job well done!

STAY CONNECTED! SUBSCRIBE TO FREE EMAIL UPDATES FROM 2ND LIFE MEDIA ALAMOGORDO

SIGN UP!

AlamogordoTownNews.com Court Issued Writ of Mandamus, Commissioner Vickie Marquardt Responds, Prosecutor Adds to Couy Griffin Sentencing Dialog

The New Mexico Supreme Court issued a writ of mandamus Wednesday against the Otero County Commission for certification of 2022 primary election returns.

During a special commission meeting on June 13, the group illegally declined to certify the 2022 primary election results. The state Supreme Court has ordered the county commissioners to certify the vote following a request from New Mexico’s Democratic Secretary of State Maggie Toulouse Oliver.

Oliver explained in a statement that the three commissioners were “potentially disenfranchising every Otero County voter who legally and securely cast a ballot” and are “appeasing unfounded conspiracy theories.”

Oliver also singled out the commission for offering “no evidence to prove any problems with the vote tabulators or election returns.” One of the commissioners, Vickie Marquardt, said, “I have huge concerns with these voting machines” because “I just don’t think in my heart” that Dominion equipment can’t “be manipulated.”

The commission is meeting in special session on Friday; however, Couy Griffin is scheduled for a sentencing hearing in Federal Court in Washington DC for his role in the insurrection thus his attendance is in doubt.  Federal prosecutors are asking the court to consider the refusal to approve the vote canvass and the subsequent criminal referral to the NM attorney general as part of the sentencing considerations for Couy Griffin tomorrow.

During a special commission meeting on June 13, the group illegally declined to certify the 2022 primary election results per legal interpretation of the Secretary of State and the New Mexico Supreme Court. The state Supreme Court has ordered the county commissioners to certify the vote following a request from New Mexico’s Democratic Secretary of State Maggie Toulouse Oliver.

Oliver explained in a statement that the three commissioners were “potentially disenfranchising every Otero County voter who legally and securely cast a ballot” and are “appeasing unfounded conspiracy theories.”

Oliver also singled out the commission for offering “no evidence to prove any problems with the vote tabulators or election returns.” One of the commissioners, Vickie Marquardt, said, “I have huge concerns with these voting machines” because “I just don’t think in my heart” that Dominion equipment can’t “be manipulated.”

Mrs. Vickie Marquardt Chairwoman of the Otero County Commission has issued a press release this afternoon stating her concerns with the election between GB Oliver and Amy Barela which is an 11-vote variance and will be forced into a recount if the election is certified. Per her press release she is now giving specific examples of what she believes to be election irregularities. The irregularities outlined however are not Dominion Machine Driven as outlined in commissions concerns but they have to do with voters who reside on properties without a dwelling so potentially fraudulent voting. Which indeed would be an issue but not the issue initially listed and solved by doing away with the voting machines. Fraudulent voting is a distinctly different issue than trust in a machine.  The story gets even more interesting and tomorrows special meeting of the commission is sure to be heated and entertaining. 

Mrs. Vickie Marquardt Chairwoman of the Otero County Commission’s press release is below…

Stay Tuned tomorrows Otero commission meeting will be entertaining in the dialog from all sides and the sentencing of Couy Griffin will both make national headlines. All eyes are again on Otero County from around the nation but not about prosperity, jobs creation and growth. All eyes are in Otero County with mixed emotions of unease questioning is the is precursor to what to expect with the November elections and what is in store for our nation of laws and a fragile democracy. 

STAY CONNECTED! SUBSCRIBE TO FREE EMAIL UPDATES FROM 2ND LIFE MEDIA ALAMOGORDO

SIGN UP!

  

AlamogordoTownNews.com Political Candidates GB Oliver & Amy Barela Q & A Responses & Financials

The Republican primary race between GB Oliver and Amy Barela for the 2nd District County Commission primary is the most watched race in the county and appears to have the most buzz from near and far. 

If fundraising were the measure, Mr. Oliver seems to be leading with a campaign war chest to date of $13,963,76 verses $9476.79 for Amy Barela to date.

Links to their most recent filings are below, followed by responses to the Q & A survey of questions from AlamogordoTownNews.com

GB Oliver 2nd District County Commission Seat Candidate

Largest Cash Contribution: Robert Joe Pattillo $2000, Richard A Boss $1000, Kerry Eaton $1000, Aubrey Dunn $500, James J Klump $500 (All local donors)

Loans to Campaign: GB Oliver $6063

In Kind: Justus Photography 

Total funds raised as of reporting period: $13963.76

Ending Balance as of reporting period: $ 8,977.79

Amy Barela 2nd District County Commission Seat Candidate

Largest Cash Contribution Self 2,562.38, Committee to Elect James Townsend Barela, Amy A. (Amy For Otero) $1000, Dustin Collins & Michael Collins $1000 each (local donors)

In Kind Justus Photography $100 

Total funds raised as of reporting period: $9,476.79

Ending Balance as of reporting period: $ $2,172.17

In April before the race got heated and in full swing, we submitted questions to all the candidates in the various races. Mr. Oliver and Ms. Barela were thorough in their execution the questions and each are very serious in the campaign for office. Both are very visible to the public and both have very active campaigns with a field of volunteers working on their behalf and with a very active social media presence. Both candidates have a unique offering and a wealth of public service experience. The question for the voters seems to come down to what is the go forward vision for Otero County that best fits the future and which candidate best represents a path forward to securing that future. What follows is the responses to our questions. We appreciate their time and dedication to allowing the public to get to know them better.

AlamogordoTownNews.com: Provide a brief biography of your governing and business experience.

Amy Barela Response:” My name is Amy Barela, and I am running to be your county commissioner in this 2022 primary election. I am a conservative that has served this county in many voluntary capacities for over 12 years. Some things I have been able to do:

  •  Bring the National Day of Prayer back to Alamogordo and for the last 5 years we have done just that.
  •  I have helped to increase our voter turnout and voter registrations in Otero County by 10%.
  •  I stood with businesses to help keep their doors open when unfair mandates jeopardized their livelihoods as well as their employees.
  • Along with a team of dedicated individuals we worked to get the county commission to designate Otero County as a second amendment county. There were 625 people in attendance when the county commission passed this resolution……… unanimously.
  •  I fought the school boards and alerted parents to the indoctrination of their children with curriculum that is fully engulfed with (CRT) critical race theory, sex education and other radical teachings parents were not aware of.
  •  These are just some of the things I have been privileged to work on with many wonderful, energetic people. I would enjoy visiting with you to listen to your concerns about the issues.

While this seems about activism, I do this to educate the community and hope to give the community a voice in all matters and issues. I try to keep the community informed because it is important for everyone to have the facts to make educated decisions. There are many resources available to us. The number one resource being you. I listen and have listened to Otero County citizens for years. The people guide me in their needs now and as your commissioner I will continue to listen to your needs.

  •  Holloman AFB is vital to our community. However, we must not put all our eggs in one basket. We must look at other ways to bring solid businesses to employ citizens in our county.
  • I understand the forestry issues adding the dumping and trash problems.
  •  I will work to protect our mountains and forest through responsible use of the land. I know how to help citizens clean up their neighborhoods caused by illegal dumping.

I am excited to address the opportunity of the American Dream, home ownership, with new laws that have been changed to allow access from counties for funding. I also have a plan to incentivize volunteers at our fire departments to allow our law enforcement to get back to being law enforcement and not first responders. I have a plan. I want the best for our county. I need your prayers in this new venture and am excited to move Otero County forward. I need your support. I humbly ask for your vote June 7th.”

GB Oliver Response: “’I’ve held virtually every position that exists in banking, including sitting as a director on the Board of Western Bank.

I was one of 3 founding members of the Paragon Foundation, an organization that provided funding and attorneys in cases defending Property and Constitutional Issues. I was named the Executive Director of the Foundation and remain in that position. The Paragon Foundation grew to have thousands of members spread across the United States. I published a Nationally syndicated Magazine on behalf of the Foundation, The Cowboy Way, that was provided to membership, as well as sold in Walmart, Barns and Nobel, Hastings, Tractor Supply, and numerous other outlets. The Foundation also carried or was the major funder of three cases heard by the United States Supreme Court, Robbins vs. Willkie, Heller vs. D.C., and McDonald vs. Chicago. Heller and McDonald are considered today to be second amendment landmark cases.

Currently, I am the Executive Director of the Alamogordo Center of Commerce where I have played a key role in solvency of a permanent status of the 3rd and 4th F-16 Squadrons, expansion of hyper-sonic weapon testing at HAFB and bringing in a regional Jet Service. I have also been actively involved in bringing a host of new business, Hotels, and a 252-unit Apartment Complex that we will be announcing shortly.”

AlamogordoTownNews.com: If you have held office please provide 3 pieces of legislation, ordinances, or initiatives that you personally sponsored that were focused on jobs or education. Please provide the outcomes to the legislation since passed. If your office is judicial, please explain your judicial policies or view from the bench.

Amy Barela Response: “N/A”

GB Oliver Response: “I have never held an elected office; however, I have been working hand and hand with Holloman leadership, acting as the liaison between Air Force and our elected officials in Washington to fund the expansion of the HAFB test track, expanding air space to assure the solvency of the F-16 mission as well has funding for state-of-the-art facilities for the MQ-9 mission. These endeavors have not only expanded the mission at Holloman but created many civilian jobs for this community.

I have also taken an active role in highlighting the NMDOD Stop Light Report regarding schools and have advocated for expansion of STEM, Career Tech, more school to work opportunities as well as higher standards.

Last year we secured 32 million dollars to be used for the design of the test track, this year we are seeking 138 million to begin construction on that facility. Those dollars will ensure that all hypersonic testing for the United States will be done at Holloman. We will be flying to Washington is the coming month to secure 58 million for the MQ-9 program and an additional 26 million through MILCON for taxi strip expansion.”

AlamogordoTownNews.com: What piece of legislation or ordinance have you passed that you are proudest off? If Judicial what ruling had the greatest impact on you when making it and why?

Amy Barela Response: “N/A”

GB Oliver Response: “As mentioned previously, the Paragon Foundation had major investments in three cases that were heard by the United States Supreme Court. Those cases were Robin vs. Wilke in 2007, District of Columbia vs Heller in 2008, and McDonald vs Chicago in 2010. I had the privilege of sitting before the Supreme Court during the oral briefs in all three cases. These cases have directly protected Americans 2nd Amendment Rights. 

I also co-authored several pieces of legislations, not only in New Mexico, but Wyoming, Arizona, and South Dakota. The most notable was the Concealed Carry Bill for the State of New Mexico, which required three legislative sessions before passing both houses and being signed by Governor Johnson.”

AlamogordoTownNews.com: Why are you running for office?

Amy Barela ResponseSee answer #1”

GB Oliver Response: “God has placed me in arenas my whole life that have developed my skill set to ultimately lead our community to a brighter future. My time in DC fighting for the rights of Americans has given me understanding of the intricate landscape of bureaucracy. DC is a terrible place, however learning how to navigate the architecture of the system has given me the edge to propel Otero County to a fighting chance to find prosperity.

Perhaps my greatest skill is being able to bring groups of people together, for a single purpose and vision. Our goal four years ago was to bring the City of Alamogordo, Otero County, the Alamogordo Public Schools and the leadership of Holloman Air Force Base together, meeting in the same room, at the same time, with a single focus. That had never happened in the history of this community and now it happens, here in the Center of Commerce, on a monthly basis.

This is my home and my family’s home for 125 years. It is where we raised our children, owned businesses, and have been allowed to live and associate with the finest people on this earth. It would be my greatest honor, and it is time for me to give back a small part of what this community has given my family.”

AlamogordoTownNews.com: What is your vision for the office you seek?

Amy Barela ResponseSee answer #1”

GB Oliver Response“We must be vigilant and proficient with spending taxpayer funds. A solid budget with growth factors is a must! We must expand and diversify our economic potential to GROW our way to a more fiscally responsible chapter.

Supporting our Sheriff’s Office is of utmost importance as we continue to see an uptick in crime and instability in our Judicial System. A strong emergency plan is a must. The more inflation creeps the more we need to rely on each other as a community to get through the upcoming economic crises. 

Protecting our Forest Land and water sheds with true intent. The Federal Government must be put on notice for the mismanagement of our Public Lands. This incompetence has impacted our water systems, cattle growers’ ability to maintain herds and a serious consequence for wildlife habitats and outdoor enthusiasts. 

Protect our historical and cultural backgrounds and capitalize on our strengths that we demonstrate in our community. We are unique and the rest of the Country can learn from us.”

AlamogordoTownNews.com: When we sit down 4 years from now what will you tell us you have accomplished while in the office you seek?

Amy Barela Response: “County Cleanup plan, road repair / development schedule, judicial complex issues to be complete or several stages through the implementation of, low-income housing 

development”

GB Oliver Response: “We have brought vision followed by action and accountability. We have brought high paying jobs, growth, educational prowess via alternative learning opportunities, a regional Jet service and now our community has seen the impact of solid leadership.”

AlamogordoTownNews.com: When is the last time you visited New York Avenue and shopped or spoke in person with the shop owners of that business district? 

Amy Barela Response: “Last week”

GB Oliver Response: “I met with two business owners on New York Avenue, in their place of businesses on 5/11/2022.”

AlamogordoTownNews.com: What do you view as the biggest opportunity and how you can assist with that opportunity for business growth in the New York Avenue business corridor?

Amy Barela ResponseALamogordoTownNews.com note: NO RESPONSE ON THE QUESTIONARE to this question from Mrs. Barela

GB Oliver Response: “The attitudes of business owners on New York have improved dramatically over the last three years. That, in itself, opened the doors to the transition we are witnessing in our downtown. Now this community is taking that area seriously, traffic is increasing and that alone will not only bring other businesses and increased property values in that area. My family owned five business at one time on New York in the 1920’s and 30’s. It was the heart and soul of this community then…and has the potential to be that again.”

AlamogordoTownNews.com: When is the last time you attended a High School Sports program? Amy 

Amy Barela Response: “Before covid”

GB Oliver Response“2018” 

AlamogordoTownNews.com: When is the last time you attended a High School Academic or Arts Program? Which event?

Barela Response: “School Board Meetings. Often”

GB Oliver Response“In 2016 I was asked to address the returning teachers and staff for the Alamogordo Public Schools. This community learned a tough lesson regarding the quality of Public Education and its impact on the business community. The quality of our education system was one of the reasons given by the Under Secretary of the Air Force for not permanently bedding down the three F-16 Squadrons at Holloman. His quote was “we will not subject the children of the men and women at Holloman Air Force Base to a substandard education.” That is what brought the changes in our Public Schools and eventually led to a perinate bed down of the three F-16 squadrons.”

AlamogordoTownNews.com: What is the last event you participated in at the Flickinger Center? 

Amy Barela Response“Often”

GB Oliver Response: “It was several months ago when I joined the Holloman Commander’s wives in a tour of the Flickinger.”

AlamogordoTownNews.com: What have you done to support local entrepreneurship and jobs growth the last 4 years?

Amy Barela Response: “Stood beside them during covid shutdowns to keep them open over big box stores. I am a job creator.”

GB Oliver Response“Everyday via the Center of Commerce…It’s what I do.”

AlamogordoTownNews.com: What have you done to improve upon the blight of abandoned homes and derelict businesses in Alamogordo or Otero County in the last 4 years?

Amy Barela Response: “Remove the junk cars”

GB Oliver Response: “The Center of Commerce, for the last year and a half, has made cleaning up this community one of our priorities and to engage with the City and County in that effort. Rodney Eaton led the initiative with several “Trash Pickups,” where 160 individuals gathered on a Saturday at various locations and the results were several tons of trash removed from our highways and streets. That has expanded into Otero County’s involvement, where their personal and equipment has joined these pickups. Our Sherriff participates by patrolling the highways to slow traffic during these pickups. The City of Alamogordo has now joined this movement by condemning and removing several structures in this community each month. In fact, the city has now budgeted money this year to completely rebuild Alameda Park, turning that facility into a beautiful park that we can all enjoy and be proud of. The lesson I take away from what has transpired in the last year and a half is that one man, Rodney Eaton, had a passion to change the optics of this community and because of the close relations we have fostered over the last four years with the City and County, we live in a cleaner environment.

We have several more of these clean ups scheduled and we invite you to participate!”

AlamogordoTownNews.com: What have you done to welcome new businesses into Alamogordo?

Amy Barela Response: “Attend ribbon cuttings”

GB Oliver Response“Center of Commerce is the first interaction an incoming business has when coming into this community. At the present, I am working with two hotels, two Aerospace companies out of California, both associated with the development of the hypersonic program slated to come to the Test Track. We are entertaining three investment groups looking at apartment complex sites, that also includes the 252-unit complex mentioned previously, three restaurants, a major truck stop, an entertainment venue, and a major box store.

Housing is our highest priority and what is refreshing about the Apartment complex is that for the first time, this project has been made possible by the City of Alamogordo and Otero County working on different facets of this project to make is happen. That is a first!”

AlamogordoTownNews.com: Name the top 5 locally owned businesses that you believe best represent the image you would like to see of Alamogordo going forward.

Amy Barela ResponseAlamogordoTownNews.com this was left blank by Mrs. Barela

GB Oliver Response: “Not going there.”

AlamogordoTownNews.com: Do you support an arts and cultural zone and diversity?

Amy Barela Response: “Yes”

GB Oliver Response: “They would certainly enhance the quality of life for those living here, however there are certainly higher priorities that need to be achieved to ensure their success.”

AlamogordoTownNews.com: What outreach have you done to build bridges of understanding and collaboration between people of color, the LBGTQ community and local government and the business community? 

Amy Barela Response: “That is everything I do often”

GB Oliver Response: “Most of my life has been dedicated to enhancing the quality of life for those living in our community. Color, culture, or sexual orientation plays no role in my world. We are all God’s creation, with certain needs, rights, and each deserves an equal opportunity. The rest is left to the courage and determination of the individual. To believe anyone, because of their color, culture, or sexual preference needs special status with government agencies is an insult to that individual’s integrity and God given gifts. I have never seen an individual, when given special status from government, that led a happier, more fulfilled life.” 

AlamogordoTownNews.com: How are you funding your campaign?

Amy Barela Response: “Self and donations”

GB Oliver Response: “The majority is my money with a few local doners”

AlamogordoTownNews.com: Would you support a local city and or county ordinance that requires more detailed annual reporting and transparency of finances on anyone in elected office with annual reports on campaign fundraising?

Amy Barela Response: “I think the county needs to have a reporting form for each newly elected official to report any income that is received from county (ie business transactions). Campaign finance reports are filed with the SOS for anyone to review. I plan on closing my account after the election and do not see the need to fundraise during my term. I will reopen if running for re-election when time.”

GB Oliver Response: “Transparency is the only true method of moving our community forward”

AlamogordoTownNews.com: Would you participate in a public drop in, questions and answers and/or a public forum hosted at Roadrunner Emporium 928 New York Avenue?

Amy Barela Response: “Yes”

GB Oliver Response: “Absolutely, Government works best in sunlight.”

AlamogordoTownNews.com: Would you support the growth of more bars, restaurants, galleries, and entertainment venues in Alamogordo’s New York Avenue area? What will you do personally to support growth and revitalization of the corridor?

Amy Barela Response: “Support any and all new business.”

GB Oliver Response:” Absolutely! In a healthy community, the original business district is always the heart and soul of activity. It should be the goal of every local governmental body to maintain and foster business there because it identifies not only who we were, but who we are. I have traveled all over the United States and when I see a community downtown business district, it tells me all I need to know about the trajectory of that community.”

AlamogordoTownNews.com: What is the one thing about Alamogordo that excites you the most?

Amy Barela Response: “Building it to be a better place for my family.”

GB Oliver Response: “The economic opportunities that are coming to this community. Make no mistake, there is rough water ahead, but there is no community that I’m aware of, better positioned to recover and excel once we see the other side, than are we.”

AlamogordoTownNews.com: Can you work in a bi-partisan manner with the majority party to drive more state and federal funding into redevelopment and jobs creation into the district?

Amy Barela Response:” I didn’t realize redevelopment and job creation was partisan?”

GB Oliver Response: “I have demonstrated many times the importance of finding middle ground and promoting our goals in Otero County.”

AlamogordoTownNews.com: Rather a judicial candidate or other candidate what can you do in your role to help solve the issue of homelessness and mental health patients on the streets of Alamogordo?

Amy Barela Response: “Affordable home ownership, veteran home ownership, jail rehabilitation and work programs, address drug abundance and availability with enforcement.”

GB Oliver Response: “Working collectively with our local agencies to support and find solutions will be our best method of stability for those in need.”

At AlamogordoTownNews.com, we appreciate the candidates that took the time for thoughtful responses to inform and possibly serve the public. 

Early voting has begun, get to know your candidate and come on down to the county building and vote early and let your voice be heard.

STAY CONNECTED! SUBSCRIBE TO FREE EMAIL UPDATES FROM 2ND LIFE MEDIA ALAMOGORDO

CAlamogordoTownNews.com Political Candidates David Greenwald & Stephanie DuBois Q & A Responses & Financial

The Democratic primary race between David Herny Greenwald and Stephanie Louise DuBois for the 2nd District County Commission primary is neck to neck in the fundraising race with Mr. Greenwald slightly ahead of Mrs. DuBois. Links to their most recent filings are below, followed by responses to the Q & A survey of questions from AlamogordoTownNews.com

David Henry Greenwald 2nd District County Commission Seat Candidate

  • Largest Cash Contribution: Karen Lecomte $300, Christopher Jones $250, James Neely $200 (Local)
  • Gary Stallings, $250 (Out of County)
  • Loans to Campaign: 0
  • In Kind: 0
  • Total funds raised as of reporting period: $1722.54
  • Ending Balance as of reporting period: 1418.17

Stephanie Louise DuBois 2nd District County Commission Seat Candidate

  • Largest Cash Contribution: Debra Holland $250, Denise Lang Brown $200, Self $100 (local donors),
  • Robert Lara $100, Elizabeth Stefanics $100, Linda Siegle $100 (Out of County Donors)
  • Loans to Campaign: 0
  • In Kind: 0 
  • Total funds raised as of reporting period: $1495
  • Ending Balance as of reporting period: $747

Candidate Questionnaire Otero/Alamogordo Primary Elections between candidates David Henry Greenwald and Stephanie Louise DuBois

Note in an email dated 4/4/2022 Ms. DuBois emailed that she would “rather not participate” in the questionnaire.  What follows is the responses from candidate Greenwald…

AlamogordoTownNews.com: Provide a brief biography of your governing and business experience.

David Henry Greenwald 2nd District County Commission Seat Candidate response: 

Education: B.A., University of Northern Colorado, Anthropology and Archaeology; Northern Arizona University, Graduate Studies in Archaeology and Cultural Resource Management.

Background: I was raised on a ranch in Wyoming and developed a deep and abiding respect for the land. That early experience as well as a lifetime dedicated to cultural and natural resource management has allowed me to understand the concerns of those who rely on the land and its water resources. I admire and respect those who make their livelihood from the land: farmers, ranchers, foresters, outfitters and others who respect and retain an understanding of sound management practices. For more than 48 years as an archaeologist, I have consulted with conservationists, tribal governments, environmentalists, ecologists, and land managers, seeking methods to achieving mutually acceptable solutions. 

My wife, Dawn, and I were business owners for 17 years in Otero County before retiring here. For the past 9 years, I have served in a volunteer role as President of Jornada Research Institute, centered in District 2 of Otero County. I am heavily involved in eco-tourism in Otero and Lincoln counties, which is focused on engaging all ages of the public through involvement, study, and protection of cultural and natural resources. I consider myself a practical conservationist owing much to my conservative upbringing in Wyoming. I understand the need for sensible management applications to maintain environmental sustainability. I currently serve as President of Jornada Research Institute, a 501 – C – 3 not-for-profit educational and research organization. I am also a board member of the Tularosa Arts and History Council and a trustee of the Archaeological Society of New Mexico.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: If you have held office please provide 3 pieces of legislation, ordinances, or initiatives that you personally sponsored that were focused on jobs or education. Please provide the outcomes to the legislation since passed. If your office is judicial, please explain your judicial policies or view from the bench.

David Henry Greenwald Response: I have not held office previously.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What piece of legislation or ordinance have you passed that you are proudest off? If Judicial what ruling had the greatest impact on you when making it and why?

David Henry Greenwald Response: I have not held office previously, thus not applicable.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com:  Why are you running for office?

David Henry Greenwald Response: “To try to make a difference. I’m born of conservative roots and believe in holding the line on spending while attempting to improve the job market and promote opportunities for residents of Otero County. We need to bring more jobs to this area to keep younger residents here and stop the “brain drain.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com:  What is your vision for the office you seek

David Henry Greenwald Response: “To bring back some normalcy to Otero County, reduce or eliminate wasteful spending on audits and unnecessary consultant fees. I hope to provide some level of rationale thought and behavior, and work to improve services, roads, and facilities for all Otero residents.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com:  When we sit down 4 years from now what will you tell us you have accomplished while in the office you seek?

David Henry Greenwald Response: That I have helped to improve county management and services, better relations among Otero County residents, and helped bring new businesses to the area.

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com:  When is the last time you visited New York Avenue and shopped or spoke in person with the shop owners of that business district?

David Henry Greenwald Response: May 10, 2022

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What do you view as the biggest opportunity and how you can assist with that opportunity for business growth in the New York Avenue business corridor?

David Henry Greenwald Response: “Applying the Main Street revitalization program offers a community to draw businesses and people together. Efforts in the Alamogordo downtown district can benefit from applications and strategies offered by programs such as Main Street America, where grants can be obtained to help business owners or help businesses locate in downtown area. Alamogordo is unique in its Mid-America and Pueblo Revival architecture. Although I don’t have experience with programs like Main Street America, I have a keen interest in historic preservation. When the Plaza Pub was being threatened by the proposed construction of a CVS store, I went before the Alamogordo City Council and gave a presentation on why the Plaza Pub building should be preserved and repurposed. In that presentation I provided a similar type of project in Phoenix, Arizona, that I was involved that had a church of significance to the surrounding community that was slated to be destroyed as part of an urban redevelopment project. The parties involved found a way to develop around the church and make it part of that redevelopment area, satisfying the objections of the local residents. It is buildings such as the Plaza Pub (now the Tularosa Basin Historical Museum) that so many affiliate with Alamogordo. 

Another example has been the recent National Register of Historic Places nomination that I was a major contributor to for the Tularosa Acequia System. Although the Village of Tularosa has been listed as a District with various contributing buildings, the acequia system was not specifically identified. In 2019, I was part of a team who completed the complex nomination of the acequia system, which is now being recommended by the State Historic Preservation Office as the standard guide for future acequia nominations.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: When is the last time you attended a High School Sports program?

David Henry Greenwald Response: “Probably one of the championship football games at Tularosa High School.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com:  When is the last time you attended a High School Academic or Arts Program? Which event?

David Henry Greenwald Response: “Not applicable”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What is the last event you participated in at the Flickinger Center?

David Henry Greenwald Response: “I did a presentation and shared a film on the history of Fort Craig and the looting of military and civilian graves that took place from the 1960s well into the 1990s. The name of the film was Helluva Way To Treat A Soldier, produced by the Bureau of Reclamation. Looters were searching for military items to sell on the black market. We were tasked by the Bureau of Reclamation to fully excavation the cemetery to recover the remains of those who were buried there but were being desecrated by profiteers and antiquity collectors, and attempt to identify them. The remains of all 65 individuals are now buried at the Santa Fe National Cemetery.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What have you done to support local entrepreneurship and jobs growth the last 4 years?

David Henry Greenwald Response: “Largely, my focus has been on eco-tourism, creating opportunities that involve public programs as educational venues that teach all age categories about our natural and cultural resources. These programs teach participants about the value the resources provide and what we can learn from studying them, about how the past was and how we may be able to use that knowledge to better the present, and the need to respect our natural and cultural resources so future generations can learn from and enjoy them . 

Recently, we had Alamogordo middle school students participate in an excavation program to teach them about archaeology methods and techniques. Except during Covid, this has been a reoccurring program, one that the students get to experience the outdoors and actual excavating of prehistoric remains.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What have you done to improve upon the blight of abandoned homes and derelict businesses in Alamogordo or Otero County in the last 4 years?

David Henry Greenwald Response: “Although I have not been involved in any efforts up to this time to correct this situation, I have been attempting to find a solution that may help reduce the number of such abandoned homes and derelict businesses. Perhaps an incentive program could be developed that provided funds to such owners to clean up their property or remove unsightly accumulations of debris. The incentive program would provide funds to the owners rather than pay a clean-up crew to do the work. This approach could save the county considerable revenues, while the owner’s costs would be covered. This program needs some development, but it would likely place the burden on the owners through incentives.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What have you done to welcome new businesses into Alamogordo?

David Henry Greenwald Response: “No activity. I think there should be an organized committee at the county level that welcomes new businesses to the area, shares information about the new business to the area with the public and promote its services and products. This was a disappointment to me when we created the non-profit that I operate, with very little interest shown toward what we were attempting to do. A few in the community have been very supportive, but we’ve felt little support since the inception in 2013. This needs to change with an interest in all businesses to see that they are successful and remain a viable part of the greater community.

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: Name the top 5 locally owned businesses that you believe best represent the image you would like to see of Alamogordo going forward.

David Henry Greenwald Response: “All businesses are important to the community, whether they are owned and operated by an individual or a large corporation. I would like to see greater use of historic buildings and buildings repurposed rather than new construction that lends itself to urban sprawl. The community should focus on heightened use of the downtown zone where more activities associated with the arts, music and culture could be shared with residents and visitors to the area.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com:  Do you support an arts and cultural zone and diversity?

David Henry Greenwald Response: “Absolutely. Music, art and cultural diversity are a reflection of ourselves. The more robust and greater the variety, the more representative it is of our diverse heritage. When we experience the arts and culture of other nationalities, we gain a better understanding of people who may look different than ourselves but share the same life hardships and accomplishments. Art and music transcend ethnic and cultural boundaries. I was instrumental in bringing the Los Rondas de Cifuentes to Tularosa from Guadalajara, Spain to perform traditional music and songs from Spain with hand-made instruments at St. Francis de Paula church just prior to Christmas in 2019.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What outreach have you done to build bridges of understanding and collaboration between people of color, the LBGTQ community and local government and the business community?

David Henry Greenwald Response: “No activity.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: How are you funding your campaign?

David Henry Greenwald Response: “Privately with donations.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: Would you support a local city and or county ordinance that requires more detailed annual reporting and transparency of finances on anyone in elected office with annual reports on campaign fundraising?

David Henry Greenwald Response: “Absolutely.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: Would you participate in a public drop in, questions and answers and/or a public forum hosted at Roadrunner Emporium 928 New York Avenue?

David Henry Greenwald Response: “Yes, assuming it doesn’t conflict with a previous event.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com:  Would you support the growth of more bars, restaurants, galleries, and entertainment venues in Alamogordo’s New York Avenue area? What will you do personally to support growth and revitalization of the corridor?

David Henry Greenwald Response: “Yes, I would like to see more cultural activities offered in our area.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What is the one thing about Alamogordo that excites you the most?

David Henry Greenwald Response: “Alamogordo’s setting. It is located in what was a very active cultural area during prehistoric times. However, very little formal research and documentation has been completed on its prehistoric occupants, how they lived, the various resources they used to feed themselves, or how extensively they used the land and resources available to them. Alamogordo offers prime opportunities for eco-tourism if developed in tandem with BLM and the USFS.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: Can you work in a bi-partisan manner with the majority party to drive more state and federal funding into redevelopment and jobs creation into the district?

David Henry Greenwald Response: “I feel that I can. Much can be gained from negotiation and compromise as I learned during my professional career that required finding reasonable solutions to complicated needs with a fixed amount of funds available.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: Rather a judicial candidate or other candidate what can you do in your role to help solve the issue of homelessness and mental health patients on the streets of Alamogordo?

David Henry Greenwald Response: “Lacking prior experience in such social matters, I would likely attempt to provide a reliable shelter where individuals in need could turn for help. Perhaps this could be a community-wide service supported by public, private, civic organizations and churches with an emphasis to shelter and house those in need.”

Stephanie Louise DuBois – No Response

At AlamogordoTownNews.com, we appreciate the candidates that took the time for thoughtful responses to inform and possibly serve the public. Early voting has begun, get to know your candidate and come on down to the county building and vote early and let your voice be heard.

STAY CONNECTED! SUBSCRIBE TO FREE EMAIL UPDATES FROM 2ND LIFE MEDIA ALAMOGORDO

SIGN UP!

AlamogordoTownNews.com New York Avenue’s Pins and Needles New Owner Susan Bollinger

Pins and Needles New Logo 913 New York Avenue, Alamogordo, New Mexico AlamogordoTownNews.com

On April 1st Alamogordo’s Main Street New York Avenue welcomed a familiar face, but in a new role, as a new business owner in this historic Alamogordo Main Street District. Pins and Needles at 915 New York Avenue, transitioned its ownership from Victoria Alamogordo’s proprietor Mrs. Alice Weinman, to that of her former “fabrics manager” Susan Bolinger and her business partner Penny Maurer.

Mrs. Alice Weinman is the veteran of Alamogordo’s New York Avenue having begun her adventure on New York Avenue almost 40 years ago. Mrs. Alice Weinman’s adventure in Alamogordo and on New York Avenue began as a result of the oil and gas bust of the mid 1980’s. She first set foot on New York Avenue in Alamogordo, New Mexico in October 1985. She said because she has been running three large ladies ready to wear stores in Texas she was bored to death after arriving in Alamogordo.Alice Weinman Owner Victoria Alamogordo 

Alice Weinman owner Victoria Alamogordo 915 Néw York Avenue AlamogordoTownNews.com

According to Mrs. Weinman also known affectionately on the street as “Mrs. Alice” when she came to Alamogordo, the Victoria store was already in operation but not doing well. She said she went into the store and said, “Hi, I am Alice Weinman, and I am here to help you.” The owner at the time responded, “Hi, I am Jatonne and I can’t pay you.” Ms. Alice says when she left the store that day, she had “the keys in her hand.”

Several years later she purchased Victoria at 913 New York Avenue. Over the next 37 years the business evolved and prospered and became a family business that included her husband, son and daughter Barbara; each assisting and working the business to grow. The business did indeed evolve and grow.

Alice and her family are the longest continuously operating business owners on New York Avenue, with businesses that have grown, survived and prospered, over almost 4 decades.

Ms. Alice has modified and tweaked the business over the years to ensure sustainability with the evolving taste of her customer base. That evolution has continued over the decades and in October of 2019 she had the idea of getting into the fabrics and the quilting business. She converted the vault area of her store into a sales area focused on quilting and fabrics. She hired a “fabrics manager” Susan Bollinger to lead the new part of her business. 

Susan Bollinger is an Alamogordo native that worked in a frame shop for many years. She had an eye for art and colors, is a hobbyist artist and always admired Ms. Alice and wanted to go to work with her. That opportunity came about in October of 2019 when Ms. Alice hired her to manage to lead the “fabrics section” in the vault. The business was a success and grew and they made the decision to make Pins and Needles at Victoria into a separate business and acquired the building at 915 New York Avenue and renamed it simply, Pin and Needles.  
Susan Bollinger the new owner of Pins and Needles Alamogordo, New Mexico. 

Susan Bollinger new owner of Pins and Needles Alamogordo #AlamogordoMainStreet AlamogordoTownNews.com

Susan Bolinger continued to run the business and expand it under the watchful eye and mentorship of Ms. Alice. 

The new store opened in January of 2021 offering an expanded line of the highest quality fabrics and more, and to include quilt making classes from quality experienced quilting and sewing educators. 

Both businesses evolved and prospered, and both survived the turbulence of Covid-19 with tweaks to the business offering along the way. 

Pins and Needles 913 New York Avenue, Alamogordo New Mexico #AlamogordoMainStreet AlamogordoTownNews.com

Ms. Alice’s daughter Barbara jokes, but is correct in her assessment, that the Roadrunner Emporium and the Local Bodega, both newer businesses on the street, that market themselves as small business incubators, are indeed incubators; but that her mother, “Ms. Alice was incubating and mentoring before it was a trendy buzzword on New York Avenue.”  Brenda Barber continued that, “she is excited and proud to see Susan fly the coup, so to speak, having been incubated by Ms. Alice and the family operators of Victoria.”

Susan Bolinger is very complimentary of her relationship with Ms. Alice and the family operation of Victoria Alamogordo. She says that she always admired Ms. Alice’s grit, stamina and the care she shows for her staff and her customers. “Ms. Alice is one very special person and a treasure to New York Avenue and to Alamogordo,” according to Susan.

Susan Bollinger came to New York Avenue to assist Ms. Alice and grew under her leadership and mentoring. Susan has partnered with Penny Maurer in the acquisition of Pin and Needles. “Penny brings her accounting background to assist in our growth which helps me a lot,” according to Susan Bollinger.Shoppers at Alamogordo Main Streets Pins and Needles

Susan says that her “years of framing experience, the mentoring by Ms. Alice and her eye for color is what provides her the strength to want to own and build upon the brand of her own business.”

It appears that Susan is also making the business a “family affair” in the transition to her ownership that took effect April 1st. She is hitting the ground running with a store that is busy and as of today has new signage and a new logo. Susan’s daughter Meg Bolinger designed a brand-new logo and sign that was installed in the front window today. The new logo for Pins and Needles is sleek, trendy and current but with a nod to “the love and compassion of the art of sewing.” The needle threading a heart in the new signage is symbolic of Susan’s love of quilting and needle arts.New Pins and Needles Sign created by Meg Bollinger

Both Susan and her business partner have the bug for quilting and needle arts. Her business partner Penny Mauer started sewing and quilting during the Covid-19 lockdown and caught the “quilting bug” about two years ago.

When asked what makes Pins and Needles such a success, Susan said, “it is absolutely about providing the highest quality fabrics that are not found in big box retailers at the mall or online, and it’s about getting to know the customer by name and understanding their needs and their projects.”

Pins and Needles, Alamogordo, at 915 New York Avenue, offers classes and workshops, it is focused on a quality offering that cannot be found online nor at big box stores. Individual attention, knowing the customer’s name, understanding their project and how to help facilitate that project is what makes Pins and Needles successful and sustainable for the long run.

Congratulations to Susan Bolinger and her partner Penny Mauer on acquiring Pins and Needles, Alamogordo. Congratulations to Alice Weinman for her mentorship of this business venture. Congratulations to New York Avenue, for having another business success, that is transitioning to the next generation of business ownership that has the wisdom of history, traditions and an appreciation for the artisan skills of quilting and the art of the needle. 

STAY CONNECTED! SUBSCRIBE TO FREE EMAIL UPDATES FROM 2ND LIFE MEDIA ALAMOGORDO

SIGN UP!

Supreme Court Upholds ADA for a 3rd Time

The Supreme Court on Thursday tossed out a closely watched legal battle targeting the Affordable Care Act, rescuing the landmark health care law from the latest efforts by Republican-led states to dismantle it.

The court ruled 7-2 that the red states and two individuals who brought the dispute do not have the legal standing to challenge the constitutionality of the law’s individual mandate to buy health insurance and ordered the case to be dismissed.

Justices Samuel Alito and Neil Gorsuch dissented. Justice Stephen Breyer delivered the majority opinion for the court.

As originally enacted in 2010, the Patient Protection and Affordable Care Act required most Americans to obtain minimum essential health insurance coverage. The Act also imposed a monetary penalty, scaled according to in- come, upon individuals who failed to do so. In 2017, Con- gress effectively nullified the penalty by setting its amount at $0. See Tax Cuts and Jobs Act of 2017, Pub. L. 115–97, §11081, 131 Stat. 2092 (codified in 26 U. S. C. §5000A(c)).

Texas and 17 other States brought this lawsuit against the United States and federal officials. They were later joined by two individuals (Neill Hurley and John Nantz). The plaintiffs claim that without the penalty the Act’s min- imum essential coverage requirement is unconstitutional.  The court concluded they had no standing. 

To read detail of the ruling visit

https://www.supremecourt.gov/opinions/20pdf/19-840_6jfm.pdf

Thursday’s 7-2 ruling was the third time the court has rebuffed major GOP challenges to former President Barack Obama’s prized health care overhaul. Stingingly for Republicans, the decision emerged from a bench dominated 6-3 by conservative-leaning justices, including three appointed by President Donald Trump.

“The Affordable Care Act remains the law of the land,” President Joe Biden said, using the statute’s more formal name, after the court ruled that Texas and other GOP-led states had no right to bring their lawsuit to federal court.

At the time of printing no statement has been released by the New Mexico Republican Party concerning the ruling. 

The lawsuit, initially fashioned as Texas v. United States, was filed in February 2018 by 20 Republican state attorneys general and Republican governors. The plaintiffs wanted to revisit National Federation of Independent Businesses v. Sebelius (NFIB), where the Supreme Court, in a 5-4 vote, upheld the mandate as constitutional. In that decision from 2012, Chief Justice Roberts construed the mandate as a tax, concluding that it was valid under Congress’s authority to tax and spend.

The challenge in Texas is related. The plaintiffs argued that the individual mandate is unconstitutional after the Tax Cuts and Jobs Act of 2017, in which Congress set the penalty for not purchasing “minimum essential coverage” coverage to $0. That bill was adopted in December 2017 using the budget reconciliation process after Congress repeatedly tried and failed to repeal the ACA throughout 2017. Without the penalty, the plaintiffs argued, the mandate is unconstitutional. They further argued that the mandate is so essential to the ACA that it cannot be severed from the rest of the law, meaning the entire ACA should be struck down. At a minimum, they asked the court to strike down the law’s guaranteed issue and community rating provisions alongside the mandate.

The state plaintiffs were later joined by two individual plaintiffs who live in Texas and purchased unsubsidized marketplace coverage. These individuals objected to having to comply with the mandate but intended to purchase ACA-compliant coverage in 2019, even after the penalty was set to $0, because they wanted to follow the law. The individual plaintiffs were likely added to the lawsuit to bolster the states’ weak standing argument in the lawsuit—which we now know was to no avail.

Democratic state attorneys general from (initially) 16 states and the District of Columbia—led by then-California Attorney General (and now Department of Health and Human Services Secretary) Xavier Becerra—were allowed to intervene in the case to defend the ACA. These states sought to protect their interests in billions of dollars in federal funding under the ACA, to ensure that their residents have access to health care, and to prevent chaos in their health care systems if the ACA was found to be unconstitutional.

The Department of Justice (DOJ) partially agreedwith the plaintiffs and declined to defend the constitutionality of the mandate and other key ACA provisions. This was a highly unusual position: historically, the DOJ has defended federal statutes where a reasonable argument could be made in their defense. Then-Attorney General Jeff Sessions informed Congress of the DOJ’s position that the mandate was unconstitutional and that the ACA’s provisions on guaranteed issue, community rating, preexisting condition exclusions, and discrimination based on health status were inseverable and should also be invalidated. At that point, the DOJ had drawn the line there, arguing that the rest of the ACA was severable and should remain in effect.

In December 2018, Judge O’Connor, a federal judge in the Northern District of Texas, agreed with the plaintiffs and declared the entire ACA to be invalid. He reaffirmed this decision in late December when issuing a stay and partial final judgment. Many of district court’s legal conclusions, from standing to severability, were criticized by conservative legal scholars, the Wall Street Journal editorial board, and the National Review editorial board, among others. 

The Fifth Circuit

The DOJ and Democratic attorneys general appealed Judge O’Connor’s decision to the Fifth Circuit Court of Appeals. Democratic attorneys general from an additional four states and the U.S. House of Representatives were allowed to intervene to defend the ACA while two plaintiff states withdrew from the case. On appeal, the DOJ under then-Attorney General William Barr took the new position that the entire ACA should be declared invalid. From there, the DOJ changed its position twice more, suggesting first that the district court’s decision applied only to the plaintiff states and two individuals, and second that the court’s remedy should be limited only to the provisions that injured the individual plaintiffs.

After oral argument, the Fifth Circuit, in a 2-1 decision, partially affirmed the district court, agreeing that the mandate is now unconstitutional. However, instead of determining what this meant for the rest of the ACA’s provisions, the court remanded the case for additional analysis on the question of severability. One judge disagreed with these conclusions and filed a lengthy dissent arguing that the plaintiffs lacked standing and that, in any event, the mandate remains constitutional and severable from the rest of the ACA. She opined that there was no need to remand, especially on severability.

At The Supreme Court New Mexico Joined The Argument the ACÁ Should Stay Intact

The Democratic attorneys general and the House appealed the Fifth Circuit’s decision to the Supreme Court. They initially asked for expedited review, which was denied. However, the Court agreed to hear the appeal on a non-expedited basis and also granted a conditional cross-petition filed by Texas, which asked the Court to uphold the district court’s decision. By granting both petitions, the Court considered the full scope of legal issues in Texas—from whether the plaintiffs have standing to whether the rest of the law could be severed from the individual mandate.

During the briefing and oral argument, 18 Republican attorneys general and governors, two individuals, and the Trump administration argued against the validity of the ACA, which was defended by 21 Democratic attorneys general and the House. The 18 challenger states were Texas, Alabama, Arkansas, Arizona, Florida, Georgia, Indiana, Kansas, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, Utah, and West Virginia. The 21 intervenor states were California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Iowa, Kentucky, Massachusetts, Michigan, Minnesota, Nevada, North Carolina, New Jersey, New York, Oregon, Rhode Island, Virginia, Vermont, and Washington. Republican attorneys general in Montana and Ohio were not parties to the case but filed an amicus briefarguing that the mandate is unconstitutional but severable from the rest of the ACA. And a bipartisan group of governors from Maryland, Maine, New Hampshire, New Mexico, Pennsylvania, and Wisconsin filed a separate brief arguing that the ACA should be upheld. All but four states took a formal position in the lawsuit.

Briefing was completed in mid-August, and all filings are available here. Prior posts analyzed opening briefs from California and the House; amicus briefs from nearly 40 health care and other stakeholders; opening briefs from Texas, two individuals, and the Trump administration; amicus briefs from six organizations; reply briefsfrom California and the House; and reply briefsfrom Texas and the two individuals.

Oral Argument

Oral argument was held on November 10, 2020 by the full panel of judges, including then-newly seated Justice Amy Coney Barrett whom President Trump nominated after the death of Justice Ruth Bader Ginsburg. (The Texas litigation and oral argument loomed large over Justice Barrett’s confirmation process in the Senate.) All three core issues of the litigation were discussed during oral argument: whether the plaintiffs had standing to sue, the continued constitutionality (or not) of the individual mandate, and whether the rest of the ACA could be severed if the mandate is unconstitutional.

As discussed here, much of the oral argument focused on standing. Many Justices seemed troubled that the penalty-less mandate could not be enforced against the plaintiffs and that invalidation of the mandate alone would not address their alleged injuries. Many also raised concerns about the “standing through inseverability” theory advanced by the plaintiffs and DOJ. These topics were key in the Court’s ultimate decision, discussed below.

Post-Oral Argument

Following the 2020 election, the Biden administration formally changed its position in the litigation. In early February, DOJ submitted a letter to inform the Court that it had reconsidered its position and no longer adhered to the conclusions in previously filed briefs. Upon reconsideration, DOJ’s new position was that the individual mandate, even with a $0 penalty, remained constitutional: The 2017 amendment to the ACA to reduce the penalty to zero “did not convert [the mandate] from a provision affording a constitutional choice into an unconstitutional mandate to maintain insurance.” DOJ’s argument echoed the briefs filed by California and the Housebut did not address standing at all.

It is worth noting that Congress enacted the American Rescue Plan Act in March 2021. This new law expanded upon the ACA by temporarily enhancing marketplace subsidies for lower- and middle-income people through 2022. To the extent that the Court looked to subsequent congressional action, this would have showed that the current Congress believed the ACA remained sound and constitutional. 

New Mexico Health and Human Services Department estimated that over $1.7 billion in federal funding was at risk because if the Medicaid expansion went away, then that would have away too, and so underpinning all of the ACÁ is not just the coverage that people have. It’s also the money that comes into New Mexico from the Federal system.

There was also concern about people with preexisting conditions, which is a protection under the Affordable Care Act that prevents insurers from discriminating against those who have them. If it had been overturned those protections would have also gone away.

Yet serious problems remain.

Nearly 29 million Americans remained uninsured in 2019, and millions more likely lost coverage at least temporarily when the COVID-19 pandemic hit according to the Kaiser Foundation. In addition, medical costs continue to rise and even many covered by the law find their premiums and deductibles difficult to afford as inflation rises.

In response, Biden’s $1.9 trillion COVID-19 relief package enacted in March expanded federal subsidies for health insurance premiums for those buying coverage. His infrastructure and jobs proposal being negotiated in Congress includes $200 billion toward making that permanent, instead of expiring in two years.

But his plan includes none of his more controversial campaign trail proposals to expand health care access, like creating a federally funded public health care option or letting Medicare directly negotiate drug prices with pharmaceutical companies. While those proposals are popular with Democratic voters, they face tough odds in a closely divided Congress.

SIGN UP!

Alamogordo Town News History Lesson Flag Day, Flag Code and Old Glory by Author Chris Edwards

Bernard Cigrand, a small-town Wisconsin teacher, originated the idea for an annual flag day, to be celebrated across the country every June 14, in 1885. That year, he led his school in the first formal observance of the holiday. Cigrand, who later changed careers and practiced dentistry in Illinois, continued to promote his concept and advocate respect for the flag throughout his life.

But prior to that when the American Revolutionbroke out in 1775, the colonists weren’t fighting united under a single flag. Instead, most regiments participating in the war for independence against the British fought under their own flags. In June of 1775, the Second Continental Congress met in Philadelphia to create the Continental Army—a unified colonial fighting force—with the hopes of more organized battle against its colonial oppressors. This led to the creation of what was, essentially, the first “American” flag, the Continental Colors.

For some, this flag, which was comprised of 13 red and white alternating stripes and a Union Jack in the corner, was too similar to that of the British. George Washington soon realized that flying a flag that was even remotely close to the British flag was not a great confidence-builder for the revolutionary effort, so he turned his efforts towards creating a new symbol of freedom for the soon-to-be fledgling nation.

On June 14, 1777, the Second Continental Congress took a break from writing the Articles of Confederation and passed a resolution stating that “the flag of the United States be 13 stripes, alternate red and white,” and that “the union be 13 stars, white in a blue field, representing a new constellation.”

In response to the petition, Congress passed the Flag Act of 1777. It reads in the Journals of the Continental Congress:

Resolved, That the flag of the thirteen United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field, representing a new constellation.

The date commemorates the adoption of the flag of the United States by the Second Continental Congress on June 14, 1777. The flag was called the Flag Resolution of 1777 and was the first of many iterations of what would become the American flag we recognize today.

Betsy Ross Didn’t Design the Original Flag

Betsy Ross, born Elizabeth Phoebe Griscom, is widely credited with making the first modern American flag in 1776. Folklore states it occurred after General George Washington visited her home at 239 Arch Street in Philadelphia. Ross was the wife of John Ross, a member of the Pennsylvania Provincial Militia. John was killed in the early stages of the war. What is known is that Betsy Ross worked in upholstery and helped war efforts by making tents and blankets.

The story of Ross and her presenting the American flag to Washington after he gave her a sketch of what he wanted didn’t become part of “history” until 1876 at Centennial celebrations of the American Revolution. Around that year Ross’s grandson, William J. Canby, wrote a research paper for the Historical Society of Pennsylvania claiming that his grandmother had made the first American flag.

The real designer of the American flag was Francis Hopkinson, a signer of the the Declaration of Independence as a delegate from New Jersey. Hopkinson was the Chairman of the Continental Navy Board’s Middle Department and also designed a flag for them around 1777, too.

Hopkinson was the only person to make the claim of inventing the American flag in his lifetime until the Betsy Ross apocrypha surfaced a hundred years later. Substantiating Hopkinson’s claims are preserved bills he sent to Congress for his work.

According to the United States Flag Organization:

Apparently acting on a request from Congress, Hopkinson sent a detailed bill on June 6th, and it was sent to the auditor general, James Milligan. He sent it to the commissioners of the Chamber of Accounts, who replied six days later on June 12th that they were of the opinion that the charges were reasonable and ought to be paid.

Flag Day itself was first established by President Woodrow Wilson in 1914. Wilson was also the first president to recognize Mother’s Day and Father’s Day, the latter of which is this Sunday. However, Flag Day didn’t officially become established until 1949 by an act of Congress.

Flag Day is not unique to the United States and many countries have specific flag days. Dates of flag days vary across the world, but most dates were chosen to mark a significant national event like an independence day, a declaration of independence, an important military victory, the creation of the flag, or something similar to our Armed Forces Day.

Prior to Flag Day, June 14, 1923, neither the federal government nor the states had official guidelines governing the display of the United States’ flag. On that date, the National Flag Code was constructed by representatives of over 68 organizations, under the auspices of the National Americanism Commission of the American Legion. The code drafted by that conference was printed by the national organization of the American Legion and given nationwide distribution.

On June 22, 1942, the code became Public Law 77-623; chapter 435. Little had changed in the code since the Flag Day 1923 Conference. The most notable change was the removal of the Bellamy salutedue to its similarities to the Hitler salute.

The Freedom to Display the American Flag Act of 2005 prohibits real estate management organizations from restricting homeowners from displaying the Flag of the United States on their own property.

The Army Specialist Greg L. Chambers Federal Flag Code Amendment Act of 2007 added a provision to allow governors, or the mayor of the District of Columbia, to proclaim that the flag be flown at half-staff upon the death of a member of the Armed Forces from any State, territory, or possession who died while serving on active duty. The provision directs federal facilities in the area covered by the governor or mayor of the District of Columbia to fly the flag at half-staff consistent with such proclamations.

The Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Sec. 595.)allows the military salute for the flag during the national anthem by members of the Armed Forces not in uniform and by veterans.

And how it was to become named Old Glory

Old Glory!”

This famous name was coined by Captain William Driver, ship master of Salem, Massachusetts, in 1831. As he was leaving on one of his many voyages aboard the brig Charles Doggett friends presented him with a beautiful American flag of twenty four stars. As the banner opened to the ocean breeze for the first time, he exclaimed “Old Glory!” (This voyage would climax with the rescue of the mutineers of the Bounty).

Captain Driver retired to Nashville in 1837, taking his treasured American flag from his sea days with him. By the time the Civil War erupted, most everyone in and around Nashville recognized Captain Driver’s “Old Glory.” When Tennessee seceded from the Union, Rebels were determined to destroy his flag, but repeated searches revealed no trace of the hated banner.

Then on February 25th, 1862, Union forces captured Nashville and raised the American flag over the capital. It was a rather small ensign and immediately folks began asking Captain Driver if “Old Glory” still existed. Happy to have soldiers with him this time, Captain Driver went home and began ripping at the seams of his bed cover. As the stitches holding the quilt-top to the batting unraveled, the onlookers peered inside and saw the 24-starred original “Old Glory”!

Captain Driver gently gathered up the flag and returned with the soldiers to the capitol. Though he was sixty years old, the Captain climbed up to the tower to replace the smaller banner with his beloved flag. The Sixth Ohio Regiment cheered and saluted – and later adopted the nickname “Old Glory” as their own, telling and re-telling the story of Captain Driver’s devotion to the flag we still honor today.

Captain Driver’s grave is located in the old Nashville City Cemetery and is one of three (3) places authorized by act of Congress where the Flag of the United States may be flown 24 hours a day.

A caption above a faded black and white picture in the book, The Stars and the Stripes, states that ‘Old Glory’ may no longer be opened to be photographed, and no color photograph is available.” Visible in the photo in the lower right corner of the canton is an applique anchor, Captain Driver’s very personal note. “Old Glory” is the most illustrious of a number of flags – both Northern and Confederate – reputed to have been similarly hidden, then later revealed as times changed. The flag was given to his granddaughter or niece who later donated it to the Smithsonian.

So on this flag day rather you are celebrating in Alamogordo, Nashville or the beaches of California, let us remember no party and no ideology owns the American flag. The American flag is the people’s flag with a long history that is a twist of tales and reverence. 

SIGN UP!