Does the Government of Sierra County have a favored candidate?

Unless we’ve become a fake democratic government that just goes through the motions of free and fair elections, then this Crystal Diamond Brantley sign on the county fairground fence should not be on Sierra County property or any other government property, since that is a government endorsement of a candidate.

An anonymous source sent me the picture on Oct. 7. It is unknown how long the sign has been on government property, but if it was up during the Sierra County Fair, which was Oct. 3 through Oct. 6, it was seen by a lot of people.

It is unknown if Brantley sought permission to hang this sign or if she is even aware it was hung on government property. It is unknown if a Sierra County employee or elected official gave permission to put the sign on county property.

No government employee or elected official may use government property for campaign purposes.

It has been reported to County Manager Amber Vaughn and to County Clerk Shelly Trujillo.

Below are some state laws and administrative codes pertaining to elections. I could find no Sierra County ordinances addressing the matter.

New Mexico State Law 1-20-13.1. Coercion of voters.

Coercion of voters consists of compelling any voter at any election to vote for or to refrain from voting for any candidate, party, proposition, question or constitutional amendment either against the voter’s will or in the absence of the voter’s ability to understand the purpose and effect of his vote. Whoever commits coercion of voters is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

History: Laws 1995, ch. 198, § 15; 1978 Comp., § 1-12-9.1 recompiled as § 1-20-13.1 by Laws 2011, ch. 137, § 109.

New Mexico Administrative Code 1.7.6.11          PUBLIC/POLITICAL OFFICE:

1. Employees covered by the provisions of the Hatch Act [5 U.S.C. Sections 1501 to 1508]may not be candidates for partisan political office elections.
2. Employees not covered by the provisions of the Hatch Act [5 U.S.C. Sections 1501 to 1508]may be candidates for any partisan political office if, upon filing or accepting the nomination and during the entire campaign, they are authorized full-time continuous leave without pay.
3. Employees may be candidates for nonpartisan political office, subject to the restriction set forth in 1.7.6.11NMAC, without taking a leave of absence.
4. Employees may hold only a nonpartisan county or municipal political office during employment in the classified service.
5. Being a local school board member or an elected member of any post-secondary educational institution shall not be construed as holding political office.
6. Employees running for or holding public office shall not use state equipment, facilities, property or time dedicated to employment duties to conduct campaign or public office related business. Violation of this Rule is punishable by disciplinary action pursuant to 1.7.11NMAC and/or the criminal penalties set forth in NMSA 1978 Section 10-9-23.

New Mexico Administrative Code 1.8.4.12          POLITICAL ACTIVITY:

1. An officer or employee of this agency may not use their official position to pressure others to participate in political activities.
2. An officer or employee of this agency may not use their official position to influence an election or nomination, or otherwise engage in any partisan political activity while on duty.
3. An officer or employee of this agency may not serve as an officer of a political organization.
4. An officer or employee of this agency may not use or allow others to use state money or property to promote a political campaign, candidate for elected office, political party, or other partisan political organization.
5. An officer or employee of this agency who becomes a candidate in a partisan election must take a leave of absence upon filing for or accepting the candidacy.
6. An employee whose salary is paid completely, directly or indirectly, by loans or grants made by the United States or a Federal agency is covered by the provisions of the Hatch Act, 5 U.S.C. Sections 1501 to 1508, and, therefore, may not be a candidate for a partisan political elective office.
7. An officer or employee of this agency may participate in political activities while off duty, including:

(1)       donating to political candidates;

(2)       volunteering or working for a political campaign or political organization, so long as the officer’s or employee’s work does not violate any applicable conflict-of-interest provision of this rule or statute; and

(3)       being a candidate in an election for or holding non-partisan political office, such as non-partisan county or municipal office or a seat on a local school board.

[1.8.4.12 NMAC-N, 1/1/2021]

New Mexico State Law 10-16-3.1. Prohibited political activities.

A public officer or employee is prohibited from:

1. directly or indirectly coercing or attempting to coerce another public officer or employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for a political purpose;
2. threatening to deny a promotion or pay increase to an employee who does or does not vote for certain candidates, requiring an employee to contribute a percentage of the employee’s pay to a political fund, influencing a subordinate employee to purchase a ticket to a political fundraising dinner or similar event, advising an employee to take part in political activity or similar activities; or
3. violating the officer’s or employee’s duty not to use property belonging to a state agency or local government agency, or allow its use, for other than authorized purposes.

History: Laws 2007, ch. 362, § 9; 2011, ch. 138, § 4.