Former Sandoval County Commissioner Todd Hathorne Allegedly Pretends to be a Lawyer In Otero County; Bullies County Clerk

The Otero County Commission has made quite the stir nationally as the County Commissioners refused to certify the New Mexico 2022 primary elections creating possibly a constitutional crisis. In the end, by a vote of 2-1, the commission certified the New Mexico 2022 primary elections.

While many news sources have reported on the commission and we wrote the interference of the America First Secretary of State Coalition, one small detail has emerged from the June 13 special meeting. 

Otero County Commission Meeting, June 13, 2022

 
Approximately 15 minutes into the meeting, after County Clerk Robyn Holmes explained the New Mexico Election Code requirements to the commission, a voice can be heard off-camera speaking to the Commissioners Gerald Matherly, Vickie Marquardt, and Couy Griffin. Griffin heard an individual calling from the gallery and pointed to the other board members to recognize the voice in the audience. (A transcript of the encounter between Todd Hathorne and Robyn Holmes is available at the end of this post.)

The individual was Todd Hathorne, a former Sandoval County Commissioner. Hathorne introduced himself as an And Justice law representative on Amy Barela's behalf. Hathorne, when assured that the meeting was not under oath, proceeded to bully County Clerk Robyn Holmes about her training, the voting machines, and various processes regarding election law.  

Amy Barela is currently in a 50/50 dead heat with GB Oliver III (Alamagordo Chamber of Commerce director). 

Later, in a radio interview on June 15, Hathorne was introduced as "Amy Barela's attorney, Todd Hathorne."  Hathorne made no statement correcting the radio host.

It is interesting that Hathorne would be present to question Clerk Holmes. Hathorne has never been an attorney. In his LinkedIn profile, Hathorne describes himself as an "office manager and legal assistant for And Justice Law."  

According to Hathorne's LinkedIn, he has minimal actual law experience.

A search of the New Mexico Licensing and Regulatory Department of Todd Hathorne's legal or paralegal license shows no results. 

And Justice Law is a law firm in Albuquerque, New Mexico. According to their website, the firm specializes in divorce, family law, and misdemeanor criminal charges. Further, the principal attorney is Melanie Rhodes. According to Justia.com, Ms. Rhodes was admitted to the New Mexico Bar in 2000.

While our researchers were looking into And Justice Law, they came across this Google Review of the law firm. 

In addition to being the office manager at And Justice Law, Mr. Hathorne is the husband of Melanie Rhodes, owner of the firm. 

More importantly, why was Hawthorne at the meeting; he is not the lawyer representing Amy Barela, just a representative of the firm she has hired? Second, why was Todd worried that the meeting and the information presented were being "under sworn testimony"? Was Hathorne worried his line of questioning was, perhaps, inappropriate?

New Mexico does not have a statute directly related to fraudulently claiming to be a lawyer (intentional or not). Instead, in New Mexico, cases such as this are often prosecuted as a form of fraud. Hathorne's actions at the June 13, Otero County Commission meeting (claiming to represent a firm representing a candidate) and his failure to correct the 95.1 radio host Anthony Lucero on June 15 can be viewed as having committed fraud; Mr.Hathorne apparently doesn't have a law or paralegal license in New Mexico. 

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Transcript of discussion between Todd Hathorne and Otero County Clerk Robyn Holmes.

15 minutes after the start of the meeting

Griffin: "Go ahead, sir."

Voice: "County Commissioner, my name is Todd Hathorne, and I'm with And Justice Law."

Griffin: "And you have questions regarding..."

Hathorne: "I do have questions."

Griffin invites Hathorne to the witness table before the commissioners' bench telling Hathorne he "needs to be on record." At the 16:35 minute mark, Hathorne takes his seat. 

Again, Todd Hathorne repeated his claim, "I'm with And Justice Law, Melanie Rhode's law firm out of Albuquerque. We're here on representation for Ms. [Amy] Barela, and we have a few questions for the Clerk. If we might put those on record. Is that possible?"  

Griffin: "Absolutely. That's what you can do right now."

Hathorne: "Very good. Thank you. Um, just to lay some foundation, if I can... we're not, uh, the information being presented here is not under sworn testimony at this moment. Is that correct?"

Vick Marquardt: "Yes"

Hathorne: "I appreciate that. Madam Clerk, you made some statements before about the vote totals that were presented, and you're asking this commission to certify...  The first question I have is under what auspices are these three people meeting? Is this a county commission meeting, or this is a canvas meeting?"

Clerk: "It's a canvassing board."

Hathorne, looking at commissioners: "Is that correct?"

Commissioner Marquart explains that as commissioners, they serve as the "defacto" canvassing board.

Hathorne: "I understand. Is that the capacity we're meeting in today?"

Marquardt: "We're meetings as the county commission today."

Once again, County Clerk Robyn Holmes explains that the commission is also the canvassing board. 

Hathorne: "So, my question is [if meeting as both a county commission and canvassing board], under what statute do you draw that authority for meeting under both?" 

Marquardt: "I do not know that," referring the question to the county attorney RB. (The statute is New Mexico Election Code section 1.13.13)

After the reply from RB, Hathone responded, "And that says you can meet as both? That simply says, uh, that grants the authority if I'm not mistaken, and I'm just confused." 

Holmes then reads the statute to Hathorne. Hathorne replies, "so that gives you [a] timeframe for the canvas board."

Hawthorne: "Okay, so, the next set of questions is, uh, you're presenting a set of numbers that you said have changed based on provisional and based on additional absentees [ballots], is that correct?"

Holmes: "Not on provisional, none of them were accepted. Yes, there were absentee ballots that were dropped off at the polling locations on election day, but we didn't get them until after the polls closed down at 7. So the process..." is that the absentee board has already gone home for the night and the Clerk's office just continues with the canvassing.

Hathorne: "So you actually made changes to the numbers pretended to the commission?

Holmes: "Um, no. Well, yes, the hand tallies are in here also." She explains that those are ballots that the machines wouldn't take, and the absentee ballots dropped off at the polling sites. 

Hathorne: "and so you added those numbers in? That was not done by the election board, sometimes known as the precinct board?"

Holmes: "Right"

Hathorne: "So you did that." Holmes nods her head and says her staff did it. 

Hathorne: "Yout staff did that? And under what authority did they make those changes? What statute"

Holmes: "Uh, I'll have to look it up...that is the process that we were taught to do through our election training."

Hathorne: "Who teaches that?"

Holmes: "Uh, it is taught by several different people who are all election experts under the Secretary of State's office." She then goes on to talk about their qualifications.

Hathorne: "Do you have any names?"

Holmes: "Not off the top of my head..."

Hathorne: "You don't know any names."

Holmes continues to explain that there are several people who are required to take federal election training that then comes back to teach the county clerks. Holmes does mention Mandy Vigil,  Charlotte, Dylan...

Hathorne: "...So you're talking about Dynal Lang, counsel for Secretary of State.."

Homes nods in agreement.

Hathorne: "Are you telling me that he did training for you?"

Holmes: "What I'm saying is they're all part of a group that does training." 

Hathorne: "So you don't know who did the training?" Holmes explains that she doesn't really know. They have to do the training every 2 years, so each time is it different.

Hathorne: "So my question is who, and you don't have a name." Again, Holmes explains that it is a staff member from the Secretary of State's office.  

Hathorne then interrogates Robyn Holmes regarding the training and the whether or not the election code and authorities are included in the training. Holmes continues to tell Hathorne that she makes her decisions regarding elections based on state law.

Hathorne: "So my question is, is that your training? Holmes replied, "yes."

Hathorne: "It is. Okay, so, they talked to you about what those statutes are?"  Holmes replied, "Yes."

Hathorne: "Okay, and you're familiar with all of the statutes necessary to properly conduct the election?"

Holmes: "I feel like I am."

Hathorne: "Um, in the circumstances regarding this particular election, you're asking the canvassing board to certify, is that correct?"

Holmes: "Yes. They're here to just sign the certification, yes."

Hathorne: "And, do you, what do you understand their ability to address discrepancies, irregularities, ambiguities, errors, voter fraud...what is your understanding of their ability to address these issues."

Holmes tells Hathorne there is a process; once the canvassing board certifies the election, they can ask questions regarding the vote totals or the election in general. Homes continues to tell Hathorne that this is the method the county has taken in the past, it is what is written in state law, and she will continue to work in this manner. 

Hathorne: "So you'll do it the same way you've always done it?"

Holmes: "As long as that is still the state law, yes."

Hathorne: "Okay, so, and if there were any variations or problems in the previous ways that you've done it, would you continue to do it in what way?"

Holmes: "...we still have to follow state statutes."

Hathorne: "You do. I, uh, understand. And that's my question. Are we following state statutes in everything that we are doing here?"

Holmes: I believe we are.

Hathorne: "You believe? When you have questions about that, who do you go to?"

Holmes: "I'll either go to my attorney, or I'll go to Dylan [SoS counsel]or the other county clerks in the whole state."

Hathorne: "There was a lawsuit in 2020 April of 2020 against the Secretary of State's office. There were clerks that were involved in that lawsuit. Are you familiar with that suit?" Holmes claims that she is not familiar with the case.

Hathorne: "You are listed as a defendant in that suit. Do you remember?' 

Holmes: "Uh, are you talking about the one to change the 2020 election."

Hathorne: "Correct."

Holmes: "Yes, yes."

Hathorne: "So you sided with the Secretary of State."

Holmes: "I did."

Hathorne: "Okay, and she was asking for an all mail-in ballot." Holmes nods yes. 

Hathorne: "And that lawsuit actually went in favor of the plaintiffs, isn't that correct?"

Holmes "Yes"

Hathorne: "So you lost?' Holmes responds, "Yes."

Hathorne: "I see, okay. And, in that process, um, did you make any public statements about that?"

Holmes: "I don't believe so. You know, at the time, because of the pandemic, I was one that felt like it would be better to have an all-mail-in ballot because we had a lot of problems bringing people together. Uh, people were getting so sick. I felt in my own heart that it was in the best interests of the people to do that, to have an all mail-in ballot."

Hathorne: "Okay. So, are, were, the [Dominion] machines that were used in this, I'm going to turn back to this [2022 primary]election, the machines that were used in this election cycle, when were they certified?"

Holmes: "Um, you mean the last time they were certified or by the Secretary of State to use them?"

Hathorne: "I've asked an open-ended question, and I'll let you figure out how to answer it."

Holmes: "Okay, so, I believe that we started using them in [20]12. We started using these ballot machines."

Hathorne: "Yeah, but my question was, when were they certified?

Holmes: "They were certified then, and they've been certified every year after that."

Hathorne: "Every year after that?" Holmes nods her head yes.

Hathorne: "So every year after that, so every single year..."

Holmes: "Yes, they come in every year and look, and they do an upgrade, making sure everything is okay, and everything is running well. We certify before each election. We certify the machine with test ballots that are marked, and we certify the machine. Before each election, they are certified"

Hathorne: "And that happened in this election cycle?"

Holmes: "Absolutely."

Hathorne: "You're relying on the numbers from that machine in order to declare winners, isn't that so?"

Holmes: "Yes."

Hathorne: "And as you're using those machines, you're relying on the testing that you did as the Clerk. And that was available to any member of the public to watch?"

Holmes: "Yes. And I invited whoever wanted to come."

Hathorne: "And who showed up to that process?"

Holmes: "Um, well, we did it for several different days, so I wasn't there continually. Selina was definitely there, uh, Matt was there," pointing to people in the audience behind her. 

Selina: "Uh, when we certified our early voting and absentee, we had Jacks (?) there and Matt, and when er certified for election day, no one showed up."

Hathorne: "No one showed up. So, were you there?" pointing at Holmes.

Holmes: "No, I wasn't there the whole time; I would come and go. But I had my technician there that were doing the certifications."

Hathorne: "And are those technicians are county employees?"  Holmes nods yes.

                 "only"

Holmes: "Yes."

Hathorne: "Were there any technicians for any third-party vendors that were available?" Holms shakes her head, "no."

Hathorne: "And where are these machines today?"

Holmes: "They're stored in our warehouse."

Hathorne: "Are they under surveillance?"

Holmes: "They are."

Hathorne: "Okay, and is that 7/24 cameras?"

Holmes: Nods, "Mmhmm"

Hathorne: "And the video is available to the public [on] request?"

Holmes: "Um, yes."

Hathorne: "Okay. And in that process, you have documentation of the testing for each machine?"

Holmes: "Yes."

Hathorne: "And that documentation includes how many ballots through each machine?"

Holmes: nods, "Yes, absolutely."

Hathorne: "How many are the question. How many ballots went through the machine?"

Holmes: "It would depend on how many candidates are on the ballot. Because we do it where like everyone who is a first candidate gets a vote, and then it goes down to the second. There is a process, so I couldn't tell you the number."

Hathorne: "You don't know?"

Holmes: "No. I have no idea."

Hathorne: "Okay. So you didn't set up that process?"

Holmes: "No, no. It's set up by the vendor."

Hathorne: "So the vendor sets it up? And who is the vendor?"

Holmes: "Well, at the time, it was AES."

Hathorne: "Okay, and AES is a contractor or subcontractor to the state or to the county?"

Holmes: "To the state."

Hathorne: "Who owns these machines?"

Holmes: "The State."

Hathorne: "The State of New Mexico?" Holmes nods yes.

                 "Who purchased these machines?"

Holmes: "They were purchased through federal funds that were given to the state, and the state purchased them."

Hathorne: "So my question is 'who,' and your answer is 'the state purchased them.'"

Holmes: "Yes."

Hathorne: "Okay. And in that process of dealing with those ballots, every ballot that you're asking this canvas board to certify has gone through those machines?"

Holmes: "Yes. Not every one, no. Not the hand tallied ones, the ones that could not go through the machine, or the absentee ones that were dropped off at the polls on election day."

Hathorne: "Okay. And the ones that were dropped off; what's the process for someone dropping off a ballot at the polling locations?"

Holmes: "They drop it off in a box, uh, a locked box. And then there is a form that is done. The seals which are locking the box at the time that those ballots come out, they go in a bag that we walk and comes back to our office. 

Hathorne: "How many ballots came in through that process in Ms. Barala's race?"

Holmes asks an assistant behind her: "Did we have um.." Silvia responds, "I don't know if there is a print up just for her race." 

Holmes to Hathorne: "We don't know. there was [sic] 13 total, but I'm not sure who was just for her race."

Hathorne: "When you say total, what do you mean?"

Holmes: "That were collected at the polling location on election day."

Hathorne: "Okay, So they were collected at the polling location. Do you know who dropped off those ballots?"

Holmes: "No."

Hathorne: "Are you familiar with any section of State Statute that requires that there be an identification of the person dropping off the ballot?"

Holmes: "No."

Hathorne: "You're unaware?"

Holmes: "I'm unaware."

Hathorne: "Have you spoken with your attorney about that problem?"

Holmes: "I have not."

Hathorne: "You have not. Okay. Commissioners, thank you for your time. I appreciate the opportunity to get some information on the record. We'll see you soon.

Vicki Mardquart: "Okay, thank you."

Hathorne returns to his seat in the gallery 30 minutes into the meeting.

Domestic Terrorist Couy Griffin; Grifting, Fundraising, and Missing Money

 

NM Otero County Commissioner Couy Griffin is arrested for his participation on January 6, 2021, in Washington DC.

Couy Griffin is no stranger to the term Domestic Terrorist. Griffin, a militant anti-masker and founder of Cowboys for Trump (2019), is well known in New Mexico for making threats of violence, among other instances of treasonous rhetoric. In May of 2020, at a Trump rally in Truth or Consequences, NM, Couy declared, "the only good Democrat is a dead Democrat." 

Later, in an almost incomprehensible video, Couy declares that anyone calling themselves African American should "go back to Africa."

By June of 2020, Couy Griffin's activities and social media presence led his ex-wife, Kourtnie Griffin, to file an emergency motion to revisit the custody agreement regarding their son. The motion stated that Couy Griffin "had publically expressed views and opinions which have incited threats of violence" to his ex-wife and child. 

According to the Albuquerque Journal, District judge Mary Rosner ruled to remove all of Griffin's custody rights to their child because he refused to mask his son while making public appearances during a global pandemic, his activities with Cowboys for Trump (often including his son), and his often violent and racist rhetoric. Judge Roson did grant Couy visitation via Facetime.

A quick internet search shows that New Mexico Otero County Commissioner Couy Griffin was a willing participant in the January 6, 2020, insurrection attempt in Washington DC. His own videographer following him that day filmed Griffin climbing over barriers to reach the Capitol building. 

KRQE reported on February 11 that, from his hotel room on January 7, Griffin opined, "We could have had a second amendment rally on those same steps that we had that rally yesterday. And, you know, if we do, is going to be a sad day because there's going to be blood running out of that building." His comments were used later during the second House Impeachment Trial of then-president Donald Trump.

 

Later, at an Otero County Commission meeting, Couy made national headlines when he threatened to return to DC on inauguration day, January 20, 2021, "I've got a .357 Henry Big Boy rifle, lever-action that I've got in the trunk of my car and I've got a .357 single-action revolver, the Colt Ruger Vaquero, that I'll have underneath the front seat on my right side, and I will embrace my second amendment..."

For his participation in the January 6, 2021 insurrection, Griffin was convicted of trespassing and sentenced to 14 days in jail (time served), 60 hours of community service, supervised probation for 1 year, and a $3,000 fine. 

Couy is still making terroristic threats. 

Cowboys for Trump: The Grift

According to a search warrant issued on February 4, 2021, the New Mexico Attorney General began receiving complaints regarding Griffin and activities in October 2020. The complaints ranged from violations of the New Mexico Governmental Conduct Act to accusations of direct and indirect threats of violence. Further, in November 2019, the New Mexico Secretary of State's office determined that Cowboys for Trump (C4T) had "failed to register or report as a political action committee."

In January 2019, a Facebook page titled Cowboys For Trump was created. In the search warrant, investigators found the group described itself as "an attempt to show our president [Trump] that we are behind him and support him."  Interestingly, the investigator stated that the C4T Facebook page had been deleted since the start of their investigation. The report goes on to say that videos, pictures, and posts demonstrate that the group's leader is Griffin. 

In March 2019, Griffin registered Cowboys for Trump with the NMSoS as a Limited Liability political organization. However, in November 2019, the NMSoS sent a letter to Griffin and his sister Kay a letter stating, "...the documentation included in the complaints, the Articles of Incorporation filed with the SoS and your website [cowboysfortrump.org] is evidence that your organization is a political action committee as defined under the CRA [Campaing Reporting Act." 

Griffin disagreed, filing a lawsuit against the SoS on June 18, 2020, in federal court. He claimed that the Campaign Reporting Act violated his first amendment rights. Judge Gregory Fouratt dismissed Griffin's case in December 2021, according to KRQE news. 

In defiance of the Federal Court and the NMSoS, Griffin has not yet registered his Cowboys for Trump organization as a political action committee as defined in the Campaign Reporting Act. 

The search warrant states that a GoFundMe account was created to help Griffin raise money for his C4T organization. In the image included in the search warrant, it appears the group has raised approximately $30,000.

Further, on the group's now-deleted cowboysfortrump.org website, visitors could donate money via a donation button or through the sales of C4T merchandise. 

When Griffin was arrested for participating in the January 6 Insurrection, a "Couy Griffin Defense Fund" was started and began accepting donations. New Mexico 2022 Secretary of State candidate Audrey Trujillo posted "How to donate" information on a now-deleted Facebook post.

A History of Misuse of Money

In August 2019, Otero county received an invitation from the White House for county commissioners to represent their constituents in DC on September 12, 2019. According to the New Mexico Office of the Attorney General (NMOAG), Griffin approved his own travel request. Then Griffin decided to use this invitation as a sightseeing trip. Griffin towed his horse trailer with his personal pickup truck, both adorned with C4T stickers and banners, first to New York City (200 miles north of Washington DC) and then to DC. 

In May 2021, The Alamogordo Daily News reported that the NMOAG had begun investigating Griffin's expense reimbursements from the commissioner's DC trip. According to his reimbursement request, Griffin tried to be reimbursed $3,237.48 for the 8-day trip he claimed on his request as "Meeting with the President." An audit by Las Cruces accounting firm Kriegel/Gray/Shaw and Co. found that Griffin had misappropriated government funds. 

According to the NMOAG search warrant, Griffin received $3.500 from GB Oliver, Alamogordo Chamber of Commerce Director, to pay back the county for his DC junket.

In another case of misuse of funds, NMOAG investigators state that cowboysfortrump.org stated, "Donations are a huge help to our cause. During our journey, we will incur many costs, the biggest of these being travel...All donated monies will be a direct donation to founder Couy Griffin," and will be used "as Couy sees fit to move this organization further."

In an interview conducted by NMOAG of Couy's ex-wife Kourtnie, she revealed that Couy was obligated by court order to pay $250 per month in child support payments. In July 2020, Kourtnie received a $350 child support payment from Couy from a Cowboys For Trump, LLC account. 

Based on the NMOAG report and the social media accounts of many people, Couy Griffin has collected at least $30,000 in known donations (to C4T org). Adding his defense fund through Well Fargo in Eagle, ID, it is unknown exactly how much money Couy has collected in donations or how that money is spent. 

Couy Griffin is a racist, a liar, and a domestic terrorist. When will he be held accountable for the entirety of his actions?

 

 

America First Secretary of State Coalition Suffers Devastating Loss in New Mexico Practice Run for 2024

 

Otero County Commissioners (Left to right: Gerald Matherly, Vicki Marquardt, Couy Griffin)

Witness: Robyn Holms, County Clerk

In a devasting loss issued by the New Mexico Supreme Court, the America First Secretary of State Coalition lost their attempt to interfere in the New Mexico 2022 Primary elections when the New Mexico Supreme Court issued a writ of mandamus ordering the Otero County Commission to certify the New Mexico 2022 Primary election result for the county. 

America First Secretary of State Coalition (AFSoS), led by Trump loyalist and Nevada Secretary of State candidate Jim Merchant. Merchant, a long-time 2020 election denier with ties to QAnon conspiracy theories, ran as the Republican nominee for Congress in 2020, losing to Democrat Steven Horsford. Merchant then unsuccessfully sued to overturn the results the election results. 

According to the Nevada Independent and The Daily Beast, the AFSoS reportedly formed after a meeting in May of 2021 attended by Merchant, QAnon conspiracy theorist Wayne Willot, among other conservatives, Trumpian (conservative) activists, and fundraisers. The group is reportedly backed by Mike Lindell, CEO of My Pillow, and Patrick Byrne, founder of Overstock.com.

According to the AFSoS website, the goal of the group is to fund Secretary of State nominees through their Conservatives for Election Integrity PAC (CFEI PAC). Candidates supported by AFSoS agree to "implement" the group's goals once elected. Currently, the group has six goals:

• Push for and institute Voter ID law
• The use of Paper Ballots
• Eliminate Mail-in ballots allowing only traditional, absentee ballots
• Single-day voting (no early voting as instituted by numerous states
• Unfettered Poll watching reforms
• Aggressive voter roll "clean-up"

(AmericaFirstSOS.com)

In the end, AFSoS is concerned with "Voter Integrity" and "countering and reversing voter fraud."

Among the AFSoS and CFEI PAC's candidates are Jim Merchant (NV) and Audrey Trujillo.

June 12, 2022, Republican New Mexico Secretary of State candidate Audry Trujillo urged county commissioners to refuse to certify primary election results. This action violates NM Election code section 1.13.13 but aligns with the goals and objectives outlined in the AFSoS plans. 

During a heated special meeting of the Otero County Commissioners on June 13, 2022, the Commissioners voted to refuse to certify the 2022 Primary Elections. The commission did this despite county clerk Robyn Holms explaining the legal process. 

(Otero County Commission Special Meeting, June 13, 2022)

In New Mexico, elections are covered under NM Election Statute, which is clearly stated here:

"Section 1.13.13: Post Election Duties: County Canvassing Board Certifying Results: 

A. The county canvassing board shall meet to approve the report of the canvass of the returns and declare the results no sooner than six days and no later than ten days from the election date. A county canvassing board in a county with more than one hundred fifty thousand voters shall meet to approve the report of the canvass of the returns and declare the results no sooner than six days and no later than thirteen days from the date of the election."

Wednesday, June 14, in a press release, New Mexico Secretary of State, Maggie Toulouse Oliver announced she had taken legal action against the Otero County Commissioners for "disenfranchise[ing] 2022 Primary Election Voters and Harm Primary Candidates."  

The New Mexico Supreme Court handed down a decision Wednesday afternoon issuing a writ of mandamus ordering the Otero County Commission to certify the primary results no later than June 17, 2022.

When asked for comment by KOBNews, Commissioners Gerald Matherly and Vicki Marquardt had no comment. Commissioner Couy Giffin stated, "...I'm going to hold my ground on this" and will not comply with the order. 
 

By Wednesday evening, Toulouse Oliver was making the cable news rounds, appearing on both the Rachel Maddow Show on MSNBC and Tonight With Don Lemon on CNN. During her interview with Maddow, Toulouse Oliver stated that there is a process in NM Election Code that allows for challenges to the election results, however, the election must be certified before any action can take place.  

(Maddow Blog) 

Failed Gov. Candidate Block's Campaign Consultants Praetorian Strategies Couldn't Hold the Line

(Image credit: Praetorian Strategies)

Politics, more specifically, campaigning for public office, is expensive. On May 13, 2022, Gubernatorial candidate Mark Ronchetti (R) reported over $2.4 million to The New Mexico Campaign Filing System. Governor Lujan Grisham (D) declared a $5.3 million war chest, while gov. candidate Jay Block (R) reported $244,899 in his campaign fund; the financial cost of politics is massive and continues to climb.

Candidates are limited on how they spend this money; however, the amount spent is gray. For example, many candidates will have a small paid staff. Further, advertising isn't free, nor are "meet and greet" events, flyers, and business cards. Additionally, campaigns are allowed to spend money on travel, food, and even a spouse's travel, food, and lodging costs while on the campaign trail. In a recent search of campaign finance reports, Ellis McMath (R. D-17), currently running for state house, spent $4060 on advertising in January 2021, payable to Raiden El Patron, LLC.

One-Stop Campaign Machine

In New Mexico, the choices for campaign management and advisory companies are limited. One up-and-coming political strategist is Raiden Apollo Ruiz. According to Ruiz's LinkedIn page, He is the owner of Raiden Marketing Strategies, co-owner of Praetorian Strategies LLC, and Praetorian Printing. Interestingly, Ruiz is a board member of the Praetorian PAC. A search of OpenCorporates.com reveals that Ruiz is also the owner of Raiden El Patron, LLC. Mr. Ruiz claims he is also an active New Mexico Army National Guard officer in his "About The Owner" page on the Raiden Marketing Strategies website. 

The Ruiz/Praetorian Web

Praetorian PAC

Praetorian Political Action Committee (PAC) first appeared on Twitter in May 2021. The PAC describes itself as "A conservative [PAC], focused on fundraising efforts to support Republican minorities running for office. According to the New Mexico Sec. of State website, "Political Committees are required to appoint and maintain a treasurer and file a statement of organization with the office of the Sec. of State." Registration also requires a $50 registration fee before accepting contributions or spending any money. 

In searching the NMSoS PAC registration database dating back to 2014, Praetorian PAC has never been registered in New Mexico. However, Raiden Ruiz's LinkedIn page lists him as a board member.

While the PAC does have a website listed on its Twitter and Facebook pages, the website, PraetorianPAC.com doesn't exist.

According to the New Mexico Secretary of State, a political action committee cannot receive contributions, nor can they give money to candidates. Director of Finance and Fundraising Tony Reeve doesn't seem to understand this, as he tweeted a link to a GoFundMe account set up in the name of Praetorian PAC.

 

Praetorian Strategies, LLC

A newcomer to the NM political scene, the LLC registered with the New Mexico SoS on April 11, 2022; however, the company's Twitter account began advertising its services in March 2022.

On its website, Praetorian Strategies claims to be a "One-stop shop for political campaigns across the country," offering fundraising, digital media marketing, event coordinating, volunteer coordination, and print mailer production and distribution. The website itself is unfinished. While the homepage exists, the "Meet the Team" page is just a template with no information about the company "team."

The Praetorian Strategies "Team" is  Raiden Ruiz, "Tony" Reeve, and Kailee Pete Randall. Ruiz says he is a  co-owner on his LinkedIn page, as does Kailee P. Randall. In his Twitter bio, Tony Reeve states he is "Partner/Director of Finance and Fundraising of Praetorian Strategies." Further, pictures were posted on March 23, 2022, showing the three owners, and another on March 24 and 25th, showing their new business cards.

     

Praetorian Strategies, LLC announced on Facebook that it had signed a contract with Raiden Marketing Agency (owned by Raiden Ruiz) on March 23, 2022.

Update: As of May 15, 2022, the Twitter username @AntonioMReeve no longer exists. However, a new account, @TonyReeveForNM, was created the same day with the user name Tony Reeve. In the bio for this new account, Tony is the funding director at Praetorian Strategies, LLC.

 

Praetorian Printing

On its website, Praetorian Printing "Helps businesses in New Mexico gain recognition and meet their target audience through strategic marketing." The printing company has three employees, two of whom are Kailee Pete Randall and Raiden Ruiz, and a third is listed only as a "LinkedIn Member." The New Mexico SoS business listings database reveals that Praetorian Printing is not yet licensed to operate in New Mexico. 

A new Twitter account (@RaidenforNM) was created in May 2022 under the name "Raider Ruiz;" a comparison of the LinkedIn and Twitter profile pictures shows that the third employee of Praetorian Printing is Raiden Ruiz. 

Caught in Web

In Open Source Intelligence, researchers often have to rely on social media networks to make connections between people and/or companies. In the case of Raiden Ruiz and his companies, this technique was the only available; Praetorian PAC and Praetorian Printing are not registered. Further, Raiden Marketing Agency, Raiden El Patron, LLC, and Praetorian Strategies, LLC are private companies and may not be subject to New Mexico's Inspection of Public Records Act. A possible list of clients is created by comparing the Social Media accounts of the Ruiz business, Raiden Ruiz, Anthony Reeve, and Kailee Pete Randall. This list is cross-referenced with the New Mexico SoS Candidate Financial System (CFIS). Each candidate's financial disclosure form was scanned for money paid to any Ruiz businesses. The following candidates are followed by and follow Praetorian Strategies LLC or Praetorian PAC (or both),  Antonio Reeve, Kailee Pete Randall, and "Raider Ruiz":

            Stephanie Lord (R-NM House D-22 )

Michaela Chavez (R-Bernalillo County Commission, D1)

Michael Eustice Jr (R-Bernalillo County Commission, D5)

Dereck Scott (R-Bernalillo County Sheriff)

Ellis McMath (R-NM House NM-17)

Jacquelyn Reeve (R-US House)

Ant Thornton (R-Lt. Governor)

Jay C. Block (R-Governor)

By cross-referencing this list with each candidate's financial disclosure form, Jay Block, Ellis McMath, and Michael Eustice Jr. list Ruiz's companies as vendors they have used to create a picture of how Raiden and his partners have tried to influence New Mexico candidates, and elections become clear.

McMath reported receiving $4060 in "in-kind" donations from Raiden El Patron, LLC for "advertising"). McMath also spent $1900 paying Raiden Marketing Agency for advertising. Michael Eustice Jr. reported paying Praetorian Strategies, LLC $500 in their May 9, 2022, reporting documents. 

According to campaign finance reports, Block spent over $19,000 on Praetorian Strategies services.

The Catch

Owning and operating a registered PAC, political consulting firm, or advertising/print and digital media company isn't illegal by federal or state law. However, some rules and regulations within governmental organizations govern how non-political officeholders and members of the US Military, Reservists, and National Guard can participate in the political process. 

The Hatch Act and Department of Defense Directive 1334.10 limit the political activities of some federal and local government employees who work in connection with federally funded programs; this includes active duty military members, active reserve military members, and members of a state's Army/Air Force National Guard. The DoD and Executive Branch allow members to participate in political activities with some caveats. US Military members can participate in almost every aspect of the political process as long as they do not use their position in the military to influence others. For example, service members can join partisan and nonpartisan political clubs and attend meetings as long as they do not wear their uniforms or any other indication of military service. Members can sign political petitions, serve as election officials, and write letters to the editor expressing political views as long as the member ensures that their affiliation with a branch of service is not mentioned or anything written clearly states that the opinions depressed are those of the individual and not the US Military or Federal/State government.

On the other hand, the Hatch Act and DoDD1334.10 clearly state that military/guard members are not allowed to march or ride in partisan political parades, sell tickets or promote partisan political dinners or other similar fundraising events. Service members cannot participate in any organized effort to help voters get to the polls. Interestingly DODD 4.1.3 states that commissioned officers shall not use condescending or derisive language. 

On the Raiden Marketing Agency's "About the Owner" page, Raiden Apollo Ruiz clearly states that he "...proudly serves in the New Mexico Army National Guard as a Commissioned Officer [sic]." Further, a picture of Ruiz in uniform is at the top of the page. 

As a co-owner of Praetorian Strategies, LLC, the contract signed on March 23, 2022,  between the LLC and Raiden Marketing Strategies appears to violate the Hatch Act and the DOD directive. If Praetorian Strategies, LLC sends candidate business to Raiden Marketing Agency, Mr. Ruiz is clearly in uniform, representing the New Mexico Army National Guard in a partisan political campaign. Further, as a member of the Praetorian PAC, Mr. Ruiz is participating in a partisan organization. The rules specified in the Hatch Act and DoD 2334.10 are clear. Mr. Ruiz should be investigated and, if necessary, prosecuted.