AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Protest ABQ, led by Henry "Bud" Shaver and Tara Shaver, mailed campaign materials opposing City Council candidate Pat Davis, without registering as a measure finance committee or reporting expenditures as required by the Albuquerque Election Code. Alex Curtas filed a complaint with the Board of Ethics and Campaign Practices alleging these violations. The Board found Protest ABQ and the Shavers in violation, imposing a fine and issuing a reprimand (paras 1-8).

Procedural History

• District Court of Bernalillo County: Affirmed the Board of Ethics and Campaign Practices' decision to reprimand and fine Protest ABQ and the Shavers for violations of the Election Code (para 1).

Parties' Submissions

• Protest ABQ and the Shavers: Argued that they were not required to register as a measure finance committee or report expenditures, and raised constitutional claims regarding the Board's decision (para 9).
• Alex Curtas: Alleged that Protest ABQ and the Shavers violated the Election Code by failing to register and report campaign activities and expenditures in opposition to Pat Davis (paras 4, 6).

Legal Issues

• Whether Protest ABQ and the Shavers were required to register as a measure finance committee and report expenditures under the Albuquerque Election Code.
• Whether the Board of Ethics and Campaign Practices' decision to fine and reprimand Protest ABQ and the Shavers was supported by substantial evidence.
• Whether Curtas's complaint should have been dismissed due to his failure to timely file his written statement of issues (paras 9-10).

Disposition

• The Court of Appeals affirmed the Board's decision to fine and reprimand Protest ABQ and the Shavers, finding substantial evidence supported the Board's decision. The Court remanded the matter to the district court for further proceedings on constitutional claims (para 18).

Reasons

• JULIE J. VARGAS, Judge (LINDA M. VANZI, Chief Judge, M. MONICA ZAMORA, Judge concurring):
  The Court found that the Board properly exercised its discretion in denying the motion to dismiss despite Curtas's late filing, emphasizing the importance of adjudication on the merits over procedural technicalities. The Court also determined that substantial evidence supported the Board's finding that Protest ABQ and the Shavers were a measure finance committee under the Election Code, citing the evidence presented at the hearing and the reasonable inferences drawn by the Board regarding the costs associated with the campaign materials. The Court deferred the constitutional claims to the district court for consideration (paras 9-18).