STATE OF NEW MEXICO

OFFICE OF THE ATTORNEY GENERAL

HECTOR H. BALDERAS
ATTORNEY GENERAL

September 12, 2017

Natalie Y. Howard
City Clerk
Office of the City Clerk
P.O. Box 1293
Albuquerque, NM 87103

Re: Referral from New Mexico Republican Party regarding Albuquerque Mayoral Candidate Tim
Keller

Dear Ms. Howard,

The Office of the Attorney General received the attached referral regarding alleged violations of
the Albuquerque City Charter and the State of New Mexicos election code. Due to a conflict,
the Office of the Attorney General is not in a position to address the allegations made within.
Because the allegations on the face of the referral appear to invoke your respective
jurisdiction(s), the Office of the Attorney General is hereby referring the matter to you.

Sincerely,

Sharon L. Pino
Deputy Attorney General

cc: New Mexico Secretary of State Maggie Toulouse Oliver

Second Judicial District Attorney Raul Torrez

Enclosure: September 08, 2017, Letter from A. Blair Dunn

TOLL FREE 1-844-255-9210 TELEPHONE: (505)490-4060 FAX: (505)490-4883 www.nmag.gov

MAILING ADDRESS: P.O. DRAWER 1508 - SANTA FE, NEW MEXICO 87504-1508
STREET ADDRESS: 408 GALISTEO STREET - SANTA FE, NEW MEXICO 87501
September 8, 2017

VIA EMAIL RETURN RECEIPT REQUESTED

Attorney General Hector Balderas

New Mexico Attorney Generals Office
hbalderas@nmag.gov

City Attorney Jessica Hernandez

City Clerk Natalie Howard
City of Albuquerque
jmhernandez@cabq.gov
cityclerk@cabq.gov

Secretary of State Maggie Toulouse Oliver

C/o Kari Fresquez, Elections Director
Kari.Fresquez@state.nm.us

RE: Violations Public Funding under the City Charter by Candidate Tim Keller

Dear Attorney General Balderas, City Attorney Jessica Hernandez, Secretary Toulouse Oliver and Clerk
Howard:

On behalf of the New Mexico Republican Party, this letter is written to address the disclosure that has
been made that Candidate for Mayor of Albuquerque Tim Keller has accepted public financing for his
campaign and has also accept monetary contributions in violation of the Citys Charter. Mr. Keller is
claiming that the payment of monies he has accepted by allowing persons to pay his campaign staff
directly amounts to in-kind donations. There is simply no support for this type laundering in either the
City Charter or state law. And raises serious concerns that this amounts to criminal money laundering
and certainly intent to commit election fraud in violation of NMSA 1-20-9.

The City Charter clearly defines in-kind contributions as follows:

(K) IN-KIND CONTRIBUTION. A good or service, other than money, having monetary value not
to exceed more than 5% of the annual salary for such office at the time of filing the Declaration of
Candidacy, but not including an individual who volunteers his own personal service.
 WARBA | 2

There is no provision that allows for the laundering of money contributions by having them purchase the
services of Mr. Kellers campaign staff directly with money and then donate the service as in-kind. To
suggest such is beyond absurd and would completely defeat the intent of public financing.

Further state law offers guidance that monetary contributions and in-kind contributions are not the same
thing, for instance NMSA 1-18A-8 discusses that [a] certified candidate may accept monetary or in-
kind contributions from clearly indicating the intent of the legislature to define those as separate
contributions.

This serious breach in judgment merits an immediate investigation.

Thank you for your prompt attention to this matter.

Best Regards,

A. Blair Dunn, Esq.