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/.
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/
The New Mexico 12th Division court hosted the hearing today between seated Otero County appointed County Commissioner Stephanie Dubois which filed for a restraining order against Couy Griffin after a tense public comments session in the November Otero County Commission meeting. The Honorable Shannon Murdock ordered a dismissal.
Dubois said she made the order after an incident that happened during a county commission meeting on Nov. 10. During the meeting on November 10th, Griffin made comments towards Dubois during a public comment period. An argument then ensued between both parties, involving shouts and harsh words. Dubois said she was terrified over what happened and still fears for her life. “I’m just fearful. I’m 77 years old,” she said. “It was very scary that nobody protected me.”
However, the verbal quarrel wasn’t the only incident that happened to Dubois according to her in several reports with Albuquerque television stations. The restraining order however only outlined the events of that day when filed.
The hearing was virtual and not an in person hearing with a judge brought in from out of the area because all members of the local judiciary recused themselves from the case or had a full docket.
The hearing was originally scheduled for December 5th to be heard in front of the Honorable Shannon Murdock. The filing of a restraining order is a serious action by a public official on a constituent even one that is a former county commissioner. The issue locally was such a hot potato with the hearing scheduled for December 5th, 2022. The state Supreme Court appointed the Honorable Shannon Murdock to preside.
The hearing was postponed then to December 15th as Commissioner Dubois requested a continuance and Couy Griffin filed for a dismissal.
The hearing was hosted virtually today, and the judge dismissed the case. The record or minutes of the case has not yet been released to the public.
2nd Life Media and AlamogordoTownNews.com requested a comment from Commissioner DuBois but her response when we asked for comment was “No.”
We then also requested a comment from former Otero County Commissioner Couy Griffin, and he provided us the following statement…
“The filing of this restraining order was purely political. I did not threaten Stephanie in any way nor did I harass her. I merely expressed my opinion that I felt her appointment to the seat in which I was elected was a disgrace. And that opinion is formed by the fact that she has run for office eight times and been unsuccessful every time she has run. She is not an elected voice of Otero County but an appointed voice of the radical progressive Governor of New Mexico. We hear daily that our democracy is under attack. Not a better example of that than what has happened in Otero County. But I’m glad it’s behind me and I appreciate you for allowing me to share my side of this story.”
The case is now dismissed. Ms. Dubois will serve in her role for two more weeks and the Amy Barela will be sworn in as the newly elected commissioner for Otero County District 2.
A side note and additional commentary regarding coverage of this saga in Otero County Politics:
Our earlier reporting on the ongoing saga of the restraining order was met with harsh attacks by some members of the Otero County Democratic machine and some members of the Otero County Republican machine. Individual members of each attacked our coverage in some social media channels some making attacks very personal to the businesses we operate. Without naming names a few went as far as cyber bullying and questioned why we took sides on the issue. A few became very hostile and passionate. Social media challenges and phone calls can be interesting. We were accused by some of only viewing the issue of intimidation of Ms. DuBois from a position of privilege as white males, (the majority owner and the publisher is a Hispanic male), we were told we were insensitive and don’t understand hostility. (As members of the LBGTQ community in a conservative county we would beg to differ.) However, to reassure ourselves that we were being fair and unbiased we had our specific to this issue reviewed by a panel outside of the county for their take on our coverage. They unanimously agreed our reporting did not show bias.
The review committee surmised that:
“The AlamogordoTownNews.com allowed for each sides point of view to be heard but did offer a valid question of rather the free speech would potentially be infringed upon by a restraining order. The AlamogordoTownNews.com site also questioned inconsistencies in the statements by those involved depending upon the media outlet. It questioned if the county saw a threat and as an employer and should it have filed a restraining order as based on court precedent a route taken by other governmental bodies?”
AlamogordoTownNews.com and AlamogordoConservativeDaily.org will continue to publish stories of the public interest. It will question official positions and actions of elected and appointed representatives when it deems it of interest to the public. Most of the coverage is not political but is of community interest related to sports, business, community interest and culture.
The political coverage does garner large readership and when Couy Griffin is involved it does seem to spark community interest and hot debate locally and from across the nation.
Will Couy Griffin continue in the public political spotlight long term, or will he seek other avenues in the private sector?
Time will tell. He will be under less of a microscope in the new year excepting for any ongoing court cases, investigations, or trials since he is no longer a public official.
The ownership and business interests of this media company also are not public officials, thus not in the public realm. They are protected by First Amendment rights and protections afforded to them via Amendment One and is supported via membership in Independent News Organizations which assist, mentor, and grow small local media companies to keep a free local press and public dialog alive and well in small rural communities.
Until the next story, let’s each have a day of positivity and prosperity during this season of caring.
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.
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:
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.
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.”
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.
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.
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.
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.
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
Our query last week to the City for information was responded to, and yesterday, we ran a story accordingly based on the information from the city provided to us….
A late afternoon development occurred this afternoon, in the continuing saga of the proposed Resolution to Protect the unborn ,which has NO power of law in Alamogordo.
The resolution, with no power of law and defended through true hostility by appointed commissioner, Karl Melton, and his domestic partner, Candidate, John Block via a slam campaign against a young woman battling cancer; the mayor, myself and others continues to offer twists and turns.
Late this afternoon we received an email from the city clerk saying…
“in the emails that were pulled for me, regarding “any correspondence from any member of the public requesting Mr. Melton to place the “Sanctuary for the Unborn” resolution on the agenda? the attached email was not among the emails pulled. I have attached the email.”
See below…
Mr. Melton texted me this evening via instant messenger to ensure I received the email and questioned rather we had journalistic integrity to report it.
Unlike his partner, John Blocks propaganda engine, which to date has not retracted the lies about the mayor; we do have integrity, thus we are reporting we have this NEW updated information and are sharing it accordingly.
We asked Mr. Melton if there were any other correspondence and if this correspondence was from a constituent in his district?
Fact she is not in his district thus cannot vote for him, thus not a direct constituent. She is a resident of Commission District 6 and NOT of his district 3.
His response:
“She is an Alamogordo resident. I am not sure what district she is. I have never met her before she emailed me. Regardless she is not alone. I also received 91 other emails urging me to support the resolution once the special session was announced. Not to mention the countless face-to-face conversations I’ve had with constituents about this.”
Mrs. Caraway is a business professional and a Christian but is not represented by Mr Melton. Her correspondence provided to us today, is as follows…
The font text of the email and the signature is inconsistent, however there is now a record of an out of District email received.
The fact the email, suddenly appeared after the story broke on the duplicity of this duo serving in office is entertaining.
The email was suddenly found and suddenly emailed to us and Mr. Melton wanted to ensure we received it.
Melton via text: ”I assume you got the updated information from Rachel today? O”
In asking why it suddenly appeared his response: “The email did not originally come up when the City’s IT contractors did a search. That’s it. Mistakes happen. Not everything is a giant conspiracy. All your other questions are irrelevant to the subject of the conversation and frankly are overly personal. It’s no business of yours. I’m just wondering if you will own up to your own ambitions of nonbiased, objective reporting, or if you are going to let your feud with John impact how honest your articles are.”
We will trust it was just an “mistake by the IT Department” and we have no reason to feud. We just want an understanding of events that are transpiring via our elected representatives.
So Mr Melton did NOT lie so to speak, he parsed words and received one email from a resident that cannot vote for him, and the the Melton/Block duo went on the offense.
Does one email from out of one’s District truly demand a response of such magnitude? I only hope when we make a request to Mr Melton he and his partner are equally ambitious in resolving our concern for action by the city.
Notice no correspondence of a response to the citizen was provided to us?
However Mr. Melton did respond by seeking a way to revoke the business licenses of any business in the city that may conduct abortions. That is illegal verses state law but he did ask staff to review options…
Interesting wording in his request “to NOT issue or renew a business license to any establishment that performs an abortion.”
The hospital is a business, that operates with a business license. A doctor may be a resident licensed doctor with a business license of Alamogordo but have to perform an emergency abortion in Las Cruces or at the local hospital, based on what Melton set forth, his business license to have a practice in Alamogordo would be revoked. A doctors office or a hospital is an establishment with a business license.
If Mr Melton were allowed to move forward with an ordinance and by state law he cannot, he would have proposed an ordinance, that would close down the hospital, if a life saving abortion were to transpire protecting the woman
Regardless of the semantics, Mr Melton wants to justify himself based on one email from outside his district. We stand corrected, there was one email.
The term constituency is commonly used to refer to an electoral district and only those who voted for a certain candidate within their district.
The terms (election) precinct and election district are more common in American English. Mr. Melton represents the constituents of District 3. The mayor represents the constituents of ALL of the city of Alamogordo.
We stand by the assertion this was not an issue that should have been brought before the city.
We stand by the assertion that the Block/Melton duo drove this debate and issue not by the overwhelming demand of majority of their constituents but based upon a personal agenda and apparently one out of district email.
Mr Melton alluded to me that he perceives us in a feud with his sleeping partner, Mr. Block. That is not the case. We are seeking to understand why the duo moved here and why this issue was so important to create such a fight, now as the duos first act at legislation locally.
We asked the question ,how much money he or Mr. Block were receiving from pro-life interests? He ducked the question. NO Response to the money questions.
Melton in his dialog with us suggested” I was really hoping after you posted your “tips for civil discourse” that this would turn out differently. I’m sorry you feel the need to withhold information because of how John writes his articles.”
His dialog is a suggestion we would not share the new information provided by the city clerk to us today.
We are indeed sharing that information and the reader can and will make their own conclusions.
And yes, we still hope that the duo of Melton/Block, mature as elected officials that they would retract the lies about the mayor, offer apologies to the individuals that differ from them but are active in the political process, and learn from this saga.
We hope they will follow the 10 tips for civil discourse and grow into their positions, as professionals, not ego driven advisories to compromise.
We need elected representatives to represent and to succeed not to divide but to drive collaboration not Division.
Can Melton/Block grow into professionals? Can Melton/Block practice civil discourse?
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Otero County Commissioner Couy Griffin and Otero County made history today with a ruling in the lawsuit that was filed to remove Commissioner Griffin from office.
According to today’s ruling, Griffin qualifies for removal as per Section 3 of the 14th amendment and participation in a rebellion or insurrection against the government of the United States and the peaceful transition of power of the presidency.
Text of the amendment:
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
Interpretation is that no person can be a Senator, Representative, Elector or officer of the United States — or United States military officer, or member of a State Legislature, or a Governor, or a judge of any State — if they took an oath to support the Constitution and then took part in a rebellion against the United States or gave aid and comfort to the enemies of the United States. But Congress can change this with two thirds vote.
A History Lesson of how Republicans enacted the 14th Amendment Section 3:
This is a section of the constitution that dealt directly with the aftermath of the Civil War, section 3 of the 14th Amendment prohibits those who had “engaged in insurrection or rebellion against the same [United States] or given aid or comfort to the enemies thereof” from serving in the government. It was designed to keep the governments free of those who had broken the country apart. However, its effect wound up being relatively minor, that is until this trial.
Due to the obscure cases around the use of this amendment this may make an interesting case that could go all the way to the US Supreme Court as a precedent setting case. Even more interesting is the precedent this case could indeed set for future generation. The application of this portion or amendment to the constitution has not been reference or used in a case in more than 150 years.
“If this ruling stands up on appeal, it sets a significant precedent for the next election cycle,” said Gerard Magliocca, a constitutional scholar at Indiana University who has studied Section 3 of the 14th Amendment. “After all, if Couy Griffin is disqualified from holding office for his role in Jan. 6, then shouldn’t Donald Trump be disqualified for his even greater role in Jan. 6th?” Of course the difference is Couy had a conviction tied for his acts while on the “Capitol Grounds” while his conviction was a misdemeanor it was a conviction no less around the issues of rebellion or insurrection.
Magliocca said the issue could arise in a number of ways moving forward and is ripe for the Supreme Court to litigate before Trump might run for and potentially win the presidency in 2024.
Section 3 of the 14th amendment has been called “the most forgotten provision of the forgotten Fourteenth Amendment.” Congress last used Section 3 of the Fourteenth Amendment in 1919 to refuse to seat a socialist Congressman accused of having given aid and comfort to Germany during the First World War, irrespective of the Amnesty Act.
Interesting fact is the amendment was drafted by Republican members of the Thirty-Ninth Congress.
Republicans when setting out the conditions for restoring former confederate states to the Union demanded, in rough order of priority, a constitutional change in the basis of apportionment (Section 2), constitutional provisions respecting the state and federal debt (Section 4), constitutional or statutory provisions limiting confederate participation in politics (Section 3), constitutional or statutory provisions protecting the rights of former slaves and white Unionists (Section 1), and a constitutional ban on secession that did not become part of the final Fourteenth Amendment.
Couy Griffin was indeed removed from office today. He claimed in a radio interview with Anthony Lucero on KALH this afternoon that he received a call from the Otero Couty Manager telling him he was “officially removed from office, that his office security code had been changed, his computer access stopped and that his no longer was a serving commissioner.”
Mr. Griffin apparently was pretty upset with Sherrif Black according to statements he made to KALH saying, “Probably the thing that gives me the most heartburn is that Sherrif David Black said yes totally enforce everything and that he stands behind this order…”
Griffin continued, “it’s a shame, it’s totally just a shame they can do this through the civil courts and a liberal judge in Santa Fe can take away the will of the people of Otero County and now the Governor is going to hand select whoever is going to replace me, for the next 3 and a half months, and Pamela told me on the phone, when I said what about this next commission meeting? She said we will do it with 2 commissioners… “
Couy still believes that the judge is outside of his jurisdiction.
Joshua Beasley the chairman of the Republican Party of Otero County, never contacted AlamogordoTownNews.com back with a statement but gave one to Anthony Lucero in which he said, “ I was hoping for otherwise, you know, January 6th was far from insurrection, there was bad behavior for sure on both sides but it was far from an insurrection but when the courts are overrun with people who are working against the will of the people it is not surprising.”
Amy Barela, the frontrunner in the campaign to replace Couy Griffin in the election planned for November of this year responded, “I don’t know what to say, my heart is broken for Couy.”
KALH also reached out to the Democratic Candidate to replace Couy Stephanie Dubois, her response was, “It is always a sad thing regardless of if we agreed with him or disagreed with him, it’s a sad thing to see an elected official to have to leave not under his own steam.”
The Oter County Democratic Chairman, Jeff Swansons response was, “those who intimidate voters, engage in in insurrections and conspiracy behaviors will be held accountable.”
What’s Next:
There are 3.5 months left in the term of Couy Griffin and at present District 2 is now unrepresented and without a commissioner. State law says that the Governor could pick a person to fill the position. If that were to occur that would be the first time that has occurred since the days of a territorial governor based on the research, we have found to date.
Given its a Democratic Governor one would think the odds-on favorite would be Ms. Dubois to complete Mr. Griffins term.
However, the Governor has taken a hands-off approach to Otero County when it comes to other vacancies. There is a vacancy for magistrate in Otero County that could have been temporarily filled by the governor.
A recommendation letter was sent to the Governor to fill that role with Reverend Warren L Robinson, until the November election by appointment, however the Governor has eft the position vacant to date. Will she continue that path with a hands-off approach to Otero County or will she act?
Couy Griffin is likely to appeal this court ruling. He entered this case with no representation and attempted to defend himself. Given the ruling and the precedent it could set on the national stage, odds are, representation will step up, as this case could end up eventually going before the US Supreme Court do it its very unique nature.
How odd that a case in New Mexico of a former Rodeo Cowboy Actor, Couy Griffin, would gain such notoriety and possibly be precedent setting. Politics locally gives new meaning to the slogans “Exclusively Alamogordo” or “Exclusively Otero County.”
To hear the complete interview on KALH by Anthony Lucero click on the news link… https://kalh.org/news/
Day two of the trail to remove Cowboys for Trump Founder and Otero County New Mexico Commissioner Couy Griffin from office proceeded today into a second day of expert testimony on why he qualifies for removal as per Section 3 of the 14th amendment and participation in a rebellion or insurrection against the government of the United States and the peaceful transition of power of the presidency.
Text of the amendment:
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
Interpretation is that no person can be a Senator, Representative, Elector or officer of the United States — or United States military officer, or member of a State Legislature, or a Governor, or a judge of any State — if they took an oath to support the Constitution and then took part in a rebellion against the United States or gave aid and comfort to the enemies of the United States. But Congress can change this with two thirds vote.
A History Lesson of how Republicans enacted the 14th Amendment Section 3:
This is a section of the constitution that dealt directly with the aftermath of the Civil War, section 3 of the 14th Amendment prohibits those who had “engaged in insurrection or rebellion against the same [United States] or given aid or comfort to the enemies thereof” from serving in the government. It was designed to keep the governments free of those who had broken the country apart. However, its effect wound up being relatively minor, that is until this trial.
Due to the obscure cases around the use of this amendment this may make an interesting case that could go all the way to the US Supreme Court as a precedent setting case.
Section 3 of the 14th amendment has been called “the most forgotten provision of the forgotten Fourteenth Amendment.” Congress last used Section 3 of the Fourteenth Amendment in 1919 to refuse to seat a socialist Congressman accused of having given aid and comfort to Germany during the First World War, irrespective of the Amnesty Act.
Interesting fact is the amendment was drafted by Republican members of the Thirty-Ninth Congress.
Republicans when setting out the conditions for restoring former confederate states to the Union demanded, in rough order of priority, a constitutional change in the basis of apportionment (Section 2), constitutional provisions respecting the state and federal debt (Section 4), constitutional or statutory provisions limiting confederate participation in politics (Section 3), constitutional or statutory provisions protecting the rights of former slaves and white Unionists (Section 1), and a constitutional ban on secession that did not become part of the final Fourteenth Amendment.
The first version of Section 3 was born in chaos. On Wednesday, April 25, 1866, the Joint Committee on Reconstruction reached agreement on an omnibus Fourteenth Amendment. The centerpiece of that text was the provision mandating black suffrage by 1876. The Republicans on that committee immediately learned from their peers that this provision would not fly. Desperate to produce an amendment by Monday, April 30 the Joint Committee hastily cobbled together a new omnibus draft on Saturday, April 28. The centerpiece of that text was Section 2, which the Republican members of the committee thought would induce former confederate states to accept black suffrage by reducing state representation in the House of Representatives and Electoral College in proportion to disenfranchised males over 21. Section 2 of the new omnibus text could not be implemented until after the next census. To ensure loyal control of state governments until that time, the Joint Committee added Section 3, which disenfranchised until July 4, 1870, all persons who gave “aid and comfort” to the rebellion.
The second version of Section 3 was reared in secret. The Joint Committee’s Section 3 engendered substantial debate among Republicans in Congress. Republicans disputed how that provision would be implemented and whether that provision would be effective. In mid-May Republican Senators held a three-day caucus to resolve disputes over Section 3 (and Section 2). We know the subjects of that caucus (largely Section 3), but not the details of what was said. No one leaked then or later in memoirs.
When that caucus ended, Senator Jacob Howard of Michigan proposed, with a few tweaks, the Section 3 we have today.
That Section 3 replaced temporary disenfranchisement with a permanent officeholding ban (both federal and state) while limiting the subjects of the ban to persons who, holding certain offices, had previously taken an oath to support the Constitution. Republicans fell in line immediately. Party members responded to Democratic criticisms but did not discuss the meaning of the Republican Senate Caucus’s Section 3 or how to best implement that provision.
Republicans assumed the constitutional problems the Fourteenth Amendment was meant to solve would largely vanish once either white Unionists or a biracial coalition of white Unionists and former slaves controlled southern governments and sent loyal representatives to Congress. Section 3 would, of course, apply to any future insurrection. Nevertheless, Republicans were focused almost exclusively on preventing confederates from regaining power. They did not concern themselves with what might constitute a future insurrection once the slave power had been permanently interred.
Yet here we are today…
Yet here we are today, in a court case that’s roots are spun from the American Civil War, in a battle to define what is an act of rebellion or insurrection and to answer the question of should a local county commissioner from a small poor county in New Mexico be removed from office for participation in what most have defined as an act of rebellion against the transition of power from former President Trump to President Biden.
Should Couy Griffin, an Otero County Commissioner be removed from office and barred from ever holding office again per article 14 Section 3?
The plaintiffs today, called law professor and expert on the 14th amendment, Dr. Mark Graber, to the stand to outline the definition of treason and an insurrection under the amendment, and how Griffin’s actions play into that.
Griffin: In your own opinion, is that a violation of my oath?
Dr. Graber: “Yes. Again, let’s go through the elements. You were acting in concert with other people, you marched with them, that’s what the tapes clearly show. You had a purpose, to prevent the certification of Joe Biden to be president.”
Dr. Graber investigated the insurrection and Griffin’s role in it. Under oath, he shared his three big findings: January 6, 2021 was an insurrection, people responsible for writing Section Three of the 14th amendment back in the 1800s would say it applies to county commissioners, and that they would view Griffin’s actions on July 6th as participating in insurrection.
Griffin, who is representing himself, argued he went to Washington D.C. that day as a private citizen and not in an official capacity.
Like Monday, Judge Francis Mathew had to step in to keep proceedings on track.
Griffin: Your honor…the witness doesn’t need to be trying to put what I was thinking and what I was doing, this is my time with the witness and what I was doing there.
Judge Mathew: He’s answering your question.
Griffin: He’s making accusations all the same.
Next on the stand was Dr. Rachel Kleinfeld, an expert on political violence who also helped the select House committee investigate the insurrection. She testified that Griffin was an insurrectionist.
In cross-examination, Griffin said that was her opinion.
Toward the end of the day the dialog would make Griffin appear defeated. He mentioned maybe he should have had witnesses for his side. In the end the judge will decide. Today marked the end of testimony. Hundreds of pages of expert witness findings and cross examination that were humorous at time considering the seriousness of the charges and the potential precedent of this trial.
The closing arguments are not verbal but are to be submitted to the judge by August 29th. The judge is said he will rule within 10 days of receipt of those closing arguments.
Prologue:
The most bizarre twist of this whole affair is that an alleged staunch Republican, Commissioner Couy Griffin, has the potential of being removed from office, by an obscure piece of the constitution, that dates back to the civil war, sponsored by Republicans, to protect the United States Government from Confederate leaning elected officials from serving in office.
The joke on us, in poor, played, Otero County, New Mexico is that the average Joe American is footing much expense with this whole judicial affair; it is game of brinksmanship on constitutional theory, that could impact the lowest to highest levels of power in this nation.
Mr. Griffin and those that filed the lawsuit are all pawns in a game of constitutional theory being played out in what could evolve into a big-league US Supreme Court, precedent setting case that could impact the political landscape of this nation for decades at every level – city, county, state and national.
This case getting national attention and being defended by a lone commissioner without an attorney is the big leagues, playing the little guy, into shaping the Republican Party to Retake Republicanism or to allow it to continue its present course, thus allowing an evolution, of power to fill the vacuum of discontent in a way we nor our founding fathers ever would have imagined.
Some say pray for America, others say Retake Republicanism, I suggest being diligent, vote, participate and educate oneself with constitutional facts verses the false narratives, get back to civics education, actually read and understand the constitution, then diligently look at those elected and ask yourself, “does he or she actually represent the values and intent of the founding fathers and that of the constitution for which we are all sworn?”
Let’s put ego aside and reengage in the art of compromise and citizenship and respect for one another.
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The Otero County Commission met in special session for 31 minutes Friday morning July 1st to discuss a motion presented by Couy Griffin for the county to pay his legal expenses in a lawsuit filed against him for his removal from office.
The decision was made after 30 minutes of Mr. Griffin pleading his case and comments from the public. Some public comments were a bit aggressive as was Mr. Griffin in defense of his action.
After 13 minutes of dialog, the motion to vote was attempted to be called for by the commission chairwoman Vickie Marquardt at the special meeting July 1. She then allowed Mr. Griffin to continue to defend himself in dialog and allowed a few public comments.
Mrs. Vickie Marquardt then made the formal motion for a vote after 30 minutes of dialog and seconded by Commissioner Matherly. The meeting adjourned after 31 minutes.
The proposal to fund Mr. Griffin defense failed based on concerns of violating New Mexico’s and the County’s own anti-donation clause. The New Mexico Anti-Donation Clause states that “neither the state nor any county, school district or municipality… shall directly or indirectly lend or pledge its credit or make any donation to or in aid of any person, association or public or private corporation.”
A quo warranto lawsuit was filed by Marco White, Mark Mitchell and Leslie Lakind naming Griffin’s participation in the Jan. 6 riot in Washington, D.C. as grounds for his removal from office.
A record of the motions of the lawsuit is found at
On Jan. 17, 2021, Griffin was arrested on a federal trespassing charge for entering and remaining in a restricted building. He was found guilty and was sentenced June 17 to 14 days’ time served, $500 restitution, a $3,000 fine, community service and one year of supervised release.
In a statement to fellow Commissioners, he denied any connection to the riot.
“This lawsuit is to remove me from my capacity as county commissioner and prevent me from running for county commissioner, too on the basis that I was part of an insurrection in Washington, D.C. in which I haven’t been charged or convicted of anything of the sort,” Griffin said.
Commission Couy Griffin said he called the meeting after Otero County Attorney R.B. Nichols declined to give Griffin a public statement as to why Otero County could not provide Griffin with legal representation in the matter.
Nichols said that “only the Otero County Commission can issue official County statements.”
“I can provide advice to the Commission on how they should do something, but an official County position comes from the county commission,” Nichols said.
Both the law firm of Mynatt Martínez Springer and the New Mexico Association on Counties advised against Otero County providing legal representation to Griffin, Nichols said.
Griffin’s legal issues are mounting as he is also in an ongoing legal battle over orders to register Cowboys for Trump, an organization he founded, as a political action committee.
A jury trial in the criminal case against Griffin for his alleged failure to register Cowboys for Trump as a political action committee is scheduled to begin Sept. 19. In July 2020 an arbitrator chosen by Cowboys for Trump agreed with New Mexico Secretary of State Maggie Toulouse Oliver that Cowboys for Trump fell under the jurisdiction of the Campaign Reporting Act and should be registered as such. Griffin and the organization were ordered to file delinquent expenditure and contribution reports beginning in 2019 and to pay $7,800 in accrued fines.
Couy Griffin as a part of his statements today mentioned, “he too was disappointed in President Trump that he was not getting support from the president but would rather have support from the county.” He claimed he had been, “fed to the wolves, referred to several members of the public as tyrannical Marxist and condemned mass media for failure of support.” He said, “he respects the decisions of the County Commission and the courts and believes God is on his side.”
The commission adjourned without funding his lawsuit.
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As thousands of travelers trapse the byways to come enjoy the beauty of Otero County and Alamogordo this weekend, and the spectacle of the Thunderbirds and other awesome displays of military pride at Holloman Airforce Base’s Air Show, the murmurs of spectacle also are running amuck around Couy Griffin and a planned Monday May 9th “Special Meeting” of the Otero County Commission.
In a news article released by The Paper, Tierna Unruh-Enos is the publisher at The Paper.
In an article Published May 5th, 2022, at 2:27 pm it suggests that “EchoMail has canceled the contract with the county and finds NO Election Fraud.”
“The “audit” of the 2020 general election in Otero County is facing a setback. According to the Otero County Attorney RB Nichols, the software company EchoMail has canceled the contract with the county. EchoMail was given the contract by Otero County at the urging of a volunteer group of citizens called the New Mexico Audit Force. The group is led by former NMSU professor David Clements and his wife Erin Clements.
EchoMail received its first payment of $24,875 from Otero County in February per the terms of the contract. On March 17, the House Congressional Oversight Committee launched an investigation into the Otero County audit and the EchoMail contract. That same day, EchoMail demanded that the balance of the contract be paid in full after turning in a 13-page document of charts and graphs with no actual analysis. The County disputed the claim, saying that they didn’t receive the services they paid for. On April 15, EchoMail returned $15,125 to the county and canceled the remainder of the contract.
Legal documents show that EchoMail contended that it had completed its contract and found no election fraud as a result of its services.
County Commissioner Couy Griffin has scheduled a special commission meeting on Monday, May 9 to discuss the audit — and to propose getting rid of voting machines in the county.”
Questionable Donations
Since the cancellation of the contract, New Mexico Audit Force has been left to its own devices to complete the audit and analysis on its own. They are not contracted by the county, nor are they a registered business in the state of New Mexico.
Couy Griffin has already gone on the defensive with a tweet to discredit the story and promising a spectacle at Monday’s Commission meeting.
In the meantime, the commission needs to tread lightly to prevent the county from having to expend taxpayer funds to defend its actions in hearings before the courts and or before Congress.
As the Santa Fe New Mexican has reported, “Complaints of harassment and intimidation by volunteers going door to door in Otero County as part of a group that says it’s auditing the county’s 2020 presidential election results prompted Secretary of State Maggie Toulouse Oliver and Attorney General Hector Balderas to issue a voter risk advisory”
Otero County is under investigation after spending $50,000 on election audit by various legal entities and may have to defend its actions in court or via fines.
In the US Congress the House Oversight Committee has launched an investigation into a partisan ballot review in Otero County, New Mexico, where an “audit force” is going door to door and questioning voters.
“The Committee is investigating whether the company’s audit and canvass in New Mexico illegally interferes with Americans’ right to vote by spreading disinformation about elections and intimidating voters,” House Oversight Committee Chairwoman Carolyn Maloney, N.Y., and Jamie Raskin, Md., the chairman of the subcommittee on civil rights and civil liberties, wrote in a letter addressed to V.A. Shiva Ayyadurai, the founder of EchoMail.
According to an article released today by Daily Beast; “The audit came under state and federal scrutiny after EchoMail’s CEO and allies were found to have promoted wild election conspiracy theories. But after a financial dispute with the county, EchoMail packed its bags up early.
“EchoMail fulfilled their obligations under the Contract and found No Election Fraud as a result of their services,” EchoMail’s attorney told The Daily Beast via email.”
All the rhetoric aside; the facts are that a Settlement Agreement has been executed between the County of Otero, New Mexico and EchoMail signed by the CEO of EchoMail and the County Chairperson of Otero County.
A Settlement Agreement has been executed by EchoMail and Otero County ending the relationship and with a demand for a refund for failing to deliver services agreed upon.
A copy of the signed and executed settlement agreement is contained below…
Let’s hope Monday’s Special Commission Meeting does not become the national news spectacle that it potentially could.
Let’s hope rhetoric is kept at bay and the real spectacle reported is the results of a successful Air Show this weekend with 1000’s of happy shoppers spending many dollars in Otero County and contributing positively to growth and prosperity of this beautiful community.
Let’s put our best foot forward daily, for a county that works together for mutual prosperity, and happiness, where positivity prevails, so too comes integrity in governance and in its people.
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Chris Edwards Author, Mentor/Executive Coach & Political Consultant 