SARA BERGER, ATTORNEY AT LAW, LLC

P.O. Box 7808 600 Central Ave SE, Suite 237 Albuquerque, NM 87194
EMAIL sara@sarabergerlaw.com

TELEPHONE (505) 842-5074

October 23, 2012 Ken Ortiz Chief of Staff New Mexico Secretary of State 325 Don Gaspar, Suite 300 Santa Fe, NM 87503 Via email: kenneth.ortiz@state.nm.us RE: Investigation of Reform New Mexico Now

Dear Mr. Ortiz: I write in follow up to my letter to your office dated September 13, 2012, and in response to the letter from Paul Kienzle to your office dated October 19, 2012. Once again, Mr. Kienzle’s letter and supporting documentation do not address my clients’ concerns that Reform New Mexico Now (“RNMN”) has violated provisions of the Campaign Practices Act. After seeking and obtaining approval from your office to delay its response to this inquiry, RNMN goes to great lengths to obfuscate the very simple and straightforward answer of when it received checks from Chase Oil Corporation and Mack Energy Corporation. Rather than produce the checks showing the dates they were issued and the dates they were deposited into RNMN’s account, the political committee instead provides a letter from some untitled representative of RNMN’s bank stating that these checks had a hold placed on some portion of the funds after they were deposited on May 9, 2012 (“the full dollar amount was made available on May 18, 2012”). Left unanswered are the following questions: 1. 2. What portion of these funds was available to RNMN on May 9, 2012? Why has RNMN continued to avoid providing copies of these checks? RNMN had no issue providing copies of three smaller checks that supported its position that it had not violated the Campaign Reporting Act. But, after months of repeated requests, RNMN has refused to provide copies of the largest contributions it received. It leads one to imagine that something else is at issue here rather than just the late filing. When did RNMN receive the checks? From the limited information RNMN has provided, it is clear that RNMN received those large checks at least as early as May 9, 2012. It is likely the checks were received in advance of that date since RNMN refuses to answer this question directly.

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The Secretary of State must ignore RNMN’s attempts to re-write New Mexico’s Campaign Reporting Act and to redirect inquiry from itself to other reporting individuals who

have no relationship to my clients Sandra Wechsler and Neri Holguin. Mr. Kienzle demands that your office dismiss this inquiry. But the investigation must continue without delay until RNMN produces the checks and provides an answer to the question of when it received these contributions. Sincerely, /s/ Sara Berger SARA BERGER cc. Gary King, New Mexico Attorney General

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