Voter Registration – The First Line of Defense

Today’s Clovis New Journal headlines a complaint about a cancelled voter registration. See it here: http://cnjonline.com/2016/09/30/voter-registration-denial-questioned/

Here is the story background:

When government is built by the people, the most basic right and responsibility of the citizen is the right to vote. Voter fraud can have serious consequences, so laws are written to protect society from corruption and criminal takeover. Those who have felony convictions in New Mexico are not eligible to vote unless they have served their sentence and/or met the conditions of the court. Citizenship voting rights are affected by the crimes committed. See the relevant parts of the NM Election Code below:

Voter registration cards are filled out by citizens at the County Clerk’s office or with a Voter Registration Agent (VRA) at any location and then taken to the County Clerk. Cards are all entered into a state database of electors. The database checks for duplicate registrations and other factors affecting eligibility. In this case, the person registering was flagged by the database as an ineligible felon. That card was stamped “felon” and the registration was cancelled. This is the normal and legal process of vetting voter rolls to prevent voter fraud.

When we asked, as a matter of public record, we found that this voter registration was collected by a VRA Angelina Baca, attorney and Curry County Commissioner who is running for District Court Judge. Ms. Baca is one of many VRA’s who work diligently to register voters. The complaint about the cancellation was made by Attorney Dan Lindsey. At this point, he has submitted a request to the County Clerk to obtain the list of names of felons denied registration in the past year. This burden of documentation comes at a time when the Clerk’s office is working to enter more than 600 new registrants before the deadline on October 8.

The Elections Code below shows the process by which a person can restore their right to vote. This process is outlined in the letter sent to the registrant whose registration was cancelled. Meanwhile, the Curry County County Clerk has done her job, and done it well, in providing the first line of defense against potential voter fraud. Thank you Rosalie Riley and staff for your diligence.

From Section 1. A new section of the Election Code:

CANCELLATION OF REGISTRATION FOLLOWING CONVICTION–ELIGIBILITY FOR REGISTRATION UPON SATISFACTION OF CONDITIONS.

A. When a voter has been convicted of a felony, the clerk of the district court where the conviction occurred shall file a certificate of felony conviction with the county clerk of the county where the convicted felon is registered to vote.

B. For purposes of cancellation of registration, verification of a felony conviction may be obtained by comparing the voter’s registration record with the certificate of felony conviction filed by the clerk of the district court.

C. The certificate of felony conviction shall include the voter’s:
(1) name;
(2) age;
(3) sex;
(4) marital status;
(5) birthplace;
(6) birth date;
(7) social security number, if any;
(8) date of conviction; and
(9) address.

D. When a voter convicted of a felony, for which a sentence of imprisonment is authorized but deferred or suspended by order of the court, has completed the conditions of the court order, the clerk of the court shall notify the county clerk of the county where the convicted felon was registered to vote that the person is eligible for registration.

E. When a voter convicted of a felony is unconditionally discharged from a correctional facility under the jurisdiction of the corrections department, or is conditionally discharged from a facility under the jurisdiction of the corrections department and has completed all conditions of probation or parole, the corrections department shall notify the county clerk of the county where the felon was registered to vote that the person is eligible for registration.

F. When a voter convicted of a federal offense constituting a felony is unconditionally discharged from a correctional facility under the jurisdiction of a federal corrections agency, or is conditionally discharged from a correctional facility under the jurisdiction of a federal corrections agency, and has completed all conditions of probation or parole, the federal agency having jurisdiction of that person shall notify the county clerk of the county where the felon was registered to vote that the person is eligible for registration.”

Section 2. Section 31-13-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 29-14) is amended to read:

31-13-1. FELONY CONVICTION–RESTORATION OF CITIZENSHIP.

A. A person who has been convicted of a felony shall not be permitted to vote in any statewide, county, municipal or district election held pursuant to the provisions of the Election Code, unless the person:

(1) has completed the terms of a suspended or deferred sentence imposed by a court;
(2) was unconditionally discharged from a correctional facility under the jurisdiction of the corrections department or was conditionally discharged from a correctional facility under the jurisdiction of the corrections department and has completed all conditions of probation or parole;
(3) was unconditionally discharged from a correctional facility under the jurisdiction of a federal corrections agency or was conditionally discharged from a correctional facility under the jurisdiction of a federal corrections agency and has completed all conditions of probation or parole; or
(4) has presented the governor with a certificate verifying the completion of his sentence and was granted a pardon or a certificate by the governor restoring his full rights of citizenship.

B. A person who has served the entirety of a sentence imposed for a felony conviction, including a term of probation or parole shall, upon his request to the corrections department, be issued a certificate of completion by the corrections department. Presentation of the certificate of completion to a county clerk shall entitle the person to register to vote. Additionally, a county clerk may accept the following documents as proof that a person has served the entirety of his sentence for a felony conviction:

(1) a judgment and sentence from a court of this state, another state or the federal government, which shows on its face that the person has completed the entirety of his sentence; or
(2) a certificate of completion from another state or the federal government.

C. A person who has been convicted of a felony shall not be permitted to hold an office of public trust for the state, a county, a municipality or a district, unless the person has presented the governor with a certificate verifying the completion of his sentence and was granted a pardon or a certificate by the governor restoring his full rights of citizenship.

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The Rest of the Story on BHSI

Over time and history, people have learned that sunshine is necessary in government affairs. Light brings accountability to government officials. Like all the rest of humanity, officials are more careful with spending, as well as with policy, when their constituents are watching, and when they are aware. Keeping official actions out of the public eye removes them from the checks and balances that protect taxpayer’s funds.

The loss of over $2.8 million in the failed Beauty Health and Science Innovations, Inc. (BHSI) project has been investigated. A revision of the methods by which economic development projects are approved and funded has begun with the appointment of an ad hoc committee by the Clovis City Commission. However, the reports have not disclosed email communications between the City and the CIDC (Clovis Industrial Development Corp.) from before the start of the project. These documents reveal the rest of the story. A request for public records in this case was made because it is important to understand how the City walked into a project that turned out to be a scam by Brian Sperber, a dual citizen of the US and Guatemala.

One year ago this column provided links to the Sperber credit report, and other information on Sperber’s history. That column can be read here: https://conservativefrontiers.com/2013/11/25/sperber-s-credit-for-the-bhsi-loan-see-it-here/
This year we have finally received the public record of discussions between City officials and the CIDC after the credit report was obtained, but before funds were released to BHSI. That part of the story can make a difference in how multi-million dollar projects are handled in the future. The emails reveal how concerns were addressed and whether sunshine was encouraged to do its job. To that end, the emails are provided here for public view. Comments are added for clarification. BHSI emails with comment

The emails do confirm and further clarify the timeline of events reported in the Underwood report. That timeline is copied here: timeline
The credit report can be read here sperber credit report
The summary of the Underwood Report can be read here: underwood final
To give feedback to your City and/or County Commissioners, go to these websites:
http://www.cityofclovis.org/?page_id=657
http://www.currycounty.org/elected-offices/commissioners-2/
http://www.portalesnm.gov/department/index.php?structureid=41
http://www.rooseveltcounty.com/?page_id=842

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High Plains Patriots Again Request BHSI Emails

Almost a year ago a member of the Patriots inadvertently became aware of the existence of emails between City of Clovis officials, members of the Economic Development Board (EDTAB), and the Clovis Industrial Development Corporation (CIDC) that had not been included in documents provided to the investigation by the Underwood Law Firm of Amarillo and were not mentioned in their 2013 report.

Those emails are from the period of 5-9 December 2011, just prior to the City’s issuing of funds to Brian Sperber for the Beauty Health and Science Innovations, Inc. (BHSI) project. Mr. Sperber was introduced to the City in the fall of 2011 and his planned project was quickly rushed thru all the red tape to approval and funding of the BHSI project in less than 60 days.

At the time there was great excitement over the prospect of over 300 jobs coming to Clovis. BHSI, however, was a new company, and was being formed with equipment and technology from two other cosmetics companies. Therefore, the credit worthiness of the firm could not be used to qualify for the 2 to 3 million dollars in loans/grants that would be issued to establish the firm in Clovis. Only Mr. Sperber’s personal guarantees and resources would be the basis for credit worthiness.

The time period of 5-9 December 2011 is the time after which Mr. Sperber’s credit history was in fact ascertained and before the initial funds were released. The fact that they were not a part of the Underwood investigation and were not included in the documents in that report, indicates that either they were not pertinent, or that there are questions still unanswered about the process of approving the use of City funds.

Recent revisions of the CIDC funding process will bring better results to Clovis in the future. It is noted that the recent acquisition of water rights from J.L. Wall took several months along with in-depth research and negotiations to accomplish. Every aspect of that process was made public, so that there is confidence that the decision to spend the money was made with as much due diligence as possible. The due diligence performed for the BHSI project will not have full public scrutiny until all the discussions that led to the decisions are fully known. Accountability is required in order to keep public officials from using funds for their preferred pet projects that may or may not, in fact, be a wise use of taxpayer dollars.

On January 6th, 2013 an IPRA request for BHSI related documents was submitted to the City of Clovis. Many documents were received a month later in February. However, those documents did not contain the requested email communications prior to July 2012. Therefore a second request was made. The response from the City was that a new email provider had been implemented in January 2012 and City emails prior to that time were lost, yes lost. The transition period did in fact provide for retaining those prior emails, but we were advised that the ones the Patriots requested were not among those retained.

Then a third request was made to obtain the copies of those emails from CIDC as a firm under contract with the City. However, the City Attorney responded that the emails of a private firm could not be obtained using the IPRA request process. It became apparent that those emails are very important to someone. What we expect is that they show is a flawed decision making process which allowed funds to be released on personal guarantee to someone whose personal credit worthiness had not been established.

It is the decision making process which needs public scrutiny in order to hold public officials accountable. Due diligence on the part of the tax payer and the citizen is to be informed, to be aware of how officials make decisions on the citizen’s behalf. That is the reason the Open Meetings Act, based on the premise of open, accountable government systems, was established. It provides the basis for the public’s confidence and trust in local government.

The December 2011 emails have been given to the City by the CIDC and are part of the public record. The High Plains Patriots are requesting those documents again. The last IPRA request was issued on June 3, 2014, so it has gone almost six months unanswered. However, we will obtain those documents, and they will be available for public review in the near future.

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Memorial Day: Folding the Flag In Honor of Those Fallen in Battle

flagfolding
On the occasion of Memorial Day, when we honor the fallen in battle, here is the history and symbolism behind the folding of the flag that covers the casket of a fallen warrior.

The first fold stands for liberty.
In America, we are free to own property, to elect our government representatives, to attend the church of our choice, to openly disagree, to travel freely without restriction, to pursue an education and the “American Dream.” The white stripes of the Flag symbolize our liberty.

The second fold represents unity. Abraham Lincoln stated that a house divided against itself cannot stand. National unity in the face of natural disasters and external threats, such as those posed on September 11, 2001, has preserved our constitutional republic.

The third fold stands for justice. In America we believe that every person stands equal before the law and is deserving of just and fair treatment. The laborer and the lawyer are both entitled to justice in America. The blue of the Flag embodies justice.

The fourth fold symbolizes perseverance. To persevere means to endure, to remain steadfast despite severe hardship and obstacles. The Continental Army suffered repeated setbacks before claiming any significant victory. Yet throughout the brutal winter of 1777 at Valley Forge, they persevered.

The fifth fold represents hardiness. Hardiness is the ability to withstand difficulty while remaining resolute despite adversity. The aggressors in World War II underestimated American hardiness. They thought that Americans were soft, incapable and unwilling to endure hardship. Our soldiers and sailors such as those who fought at Normandy and Korea proved them wrong.

The sixth fold stands for valor. Valor means courage, the act of defending what is right even in the face of opposition. Nathan Hale, the Revolutionary War patriot, was convicted of spying by the British in 1776. Before he was hanged, Hale displayed great valor with his words, “I only regret that I have but one life to live for my country.” The red color in the flag represents valor, symbolic of the blood shed by all the American heroes who sacrificed for our freedom.

The seventh fold symbolizes purity. A pure nation is free from taint, from what weakens, pollutes or renders it ineffective. Our Founding Fathers illuminated freedom’s path for us when they created the Declaration of Independence, the Constitution and the Bill of Rights. The pure intent of these documents enabled the United States of America to become the greatest of all nations, a land of liberty which beckons to all who are seeking asylum from persecution and oppression.

The eighth fold represents innocence. Innocence implies that one is unacquainted with evil and thus free from sin. George Washington once stated, “The love of my country will be the ruling influence of my conduct.” Americans pay tribute to him and to all those who give devoted service to uphold freedom’s ideals without selfish or evil motivations.

The ninth fold signifies sacrifice. To sacrifice is to give up something valued for an ideal, belief or goal. America exists today because of the sacrifices of countless Americans. Many have made the ultimate sacrifice of their lives in battles waged during the Revolution, the World Wars, In Korea, Vietnam, the Gulf War, Afghanistan and other locations around the world. We pay tribute to them and to the firefighters, policemen, soup kitchen volunteers, members of our armed forces and numerous others who continue to sacrifice for freedom.

The tenth fold stands for honor. One who possesses honor possesses a keen sense of ethical conduct. To honor a person or ideal is to display respect for them. We give thanks for all who have acted with honor in the founding and growth of America. We pray that each citizen and all those who represent us in government will conduct themselves in a manner that will continue to bring honor to our nation and to our Flag.

The eleventh fold symbolizes independence. Independence is the state of being free, of being able to make unrestricted choices within the law as free individuals and as a free nation. Ever since our nation’s birth, Americans have fiercely defended their independence against all oppressors. Patrick Henry articulated the sentiments of his fellow Americans past, present and future when he uttered those famous words, “Give me liberty, or give me death.” America stands as an icon of freedom and independence for the oppressed of the world. May it always remain so.

The twelfth fold represents truth. Truth is the body of real events and facts. It is preserved through adherence to reality and the avoidance of falsehoods. America was built upon God-given truths articulated in the Declaration of Independence “that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.” Adherence to these truths has made America a great nation. We pledge to continue this noble legacy of truth so that in America, every man, woman and child may forever be free.

How to Fold a Flag:
1. Fold the Flag in half lengthwise.

2. Repeat, fold in half lengthwise again, being careful that the blue field is on the outside.

3. As one person holds the Flag by the blue field, another makes a triangular fold in the opposite and continues to make triangular folds until the entire Flag is in a triangle.

4. Tuck the loose edge of the Flag into the pocket formed by the folds so that only the blue field and white stars are visible.​
Reprinted courtesy of the National Flag Foundation, America’s Flag Authority – The Voice of Flag Education. http://www.americanflags.org 412-261-1776

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Citizen’s Right to Petition Denied by City

sign the petitionOn May 1st, the High Plains Patriots joined the New Mexico Citizens Coalition in submitting a petition for the election of an ordinance that requires photo identification of voters in Clovis municipal elections. The city of Rio Rancho has this same ordinance already in place so that voter id is required there. The press release from NMCC can be seen here: Press Release NMCC

The Clovis City Clerk in the City Manager’s Office, Leighann Melancon, told us by phone yesterday that the City has rejected our request and would not certify the petition. According to NMSA 3-1-5, the city clerk is only required to approve the form of the petition, but the city did not say what part of the form does not meet state statute and has not given a reason for the rejection in writing. This is in apparent violation of the law.
You can read the state statute on how the process must be accomplished here:
NM PETITION RULES

The City Clerk submitted our petition form to the City Attorney’s office as instructed by the City Manager. Apparently the City Attorney must be unaware of the citizen’s right to petition the Commission to approve an ordinance and unaware that the clerk only approves the form of the petition, not the subject, the wording, nor the ordinance itself. Other cities like Hobbs have already approved this same petition earlier this week. A complaint has been submitted to the Secretary of State because the rights of the citizens of Clovis to petition for an ordinance by election have been violated.

The petition form itself can be seen here :
CLOVIS FINAL PETITION FORM

Without the City Clerk’s certification the City Commission will not be required to act on the petition even if it has the required number of signatures. The city of Hobbs approved this same petition on Tuesday. New Mexico has protected the people’s right to self government by establishing a process by which the citizen can remove laws and public officials that are egregious to them, and to establish laws that are beneficial. The City Manager’s office has abridged that right because of the opinion of legal counsel, even the legal requirements for petition are met. Legal advice like this does not benefit the City nor its people. Consider contacting a City Commissioner if you agree.

Other cities, like Portales, may require a change in the city charter in order to permit the process of an ordinance by petition. Contact the High Plains Patriots by email at highplainspatriot@gmail.com or by mail at PO box 6003, Clovis, NM 88101 if you would like to help implement this change.

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The Green Movement Wants to Control Your Property and You

Blue

What if the “green” movement isn’t saving the earth, but instead is enslaving humanity?

BLUE is more than a film, it’s an idea. Ideas have the power to change the way we think, begin movements, and even change the world. One of the most prominent idea of our time today is the Green Movement, which says that the Earth is threatened by the activity, even the existence, of mankind, and that the noble response is to restrict our freedom in order to save the planet. The movie BLUE challenges that idea. BLUE is an independently funded and filmed documentary by director, JD King.

Much of what a government regulates is not implemented as a result of science, or education research, but is rather political exploitation attempting to control others, and to control the money by which people can live in freedom. When jobs are gone, dependency comes, and the plantation mentality takes over. The loss of business, industry, and property rights as a result of the green movement, global warming alarmists, and federal regulation is growing exponentially.

The misinformation being used in the battle to properly develop and use our natural resources can only be fought with better science and a more informed people who can then take a stand against the encroachment by those who want total control of our nation and its resources. The movie BLUE sheds light on what has been happening.

“In BLUE, filmmaker JD King takes you into some of the most spectacular forest lands in North America, and introduces you to many of the real people who have made their lives there for generations. They are now in a desperate battle to save everything they value, their land, their jobs, their families, their way of life. You may be shocked to discover that their worst enemy has become the ‘environmental’ movement. Do our new environmental governors really know what is best for these rich precious lands? To the contrary, JD King explores the reality underneath the rhetoric, and shows that this movement is no longer about humans’ proper conservancy of nature, but is all about seizing the new ‘green’—of money, power and dictatorial control. Can rational rules for these lands–based on the human values of rights and freedom—prevail? Some of the true stories you will see in this movie may outrage you, some of them will move and inspire you, but you will never take the claims and demands of ‘environmental leaders’ at face value again after experiencing BLUE.” — Prof. Matt Malkin, UCLA

The movie on DVD can be ordered online at Amazon.com or from the Patriot Depot at http://patriotdepot.com/blue-for-earth-for-humanity-for-freedom-dvd/

Posted in Ecology, Economic Development, Government, Land Rights, Legislation, Playas, Uncategorized, Water, Wetlands, Wind Energy, Zoning | Leave a comment

The States Gave Power to DC – The States May Take It Away.

The Convention of States is a project of the Citizens for Self Governance. According to the website dedicated to this project: Citizens concerned for the future of their country, under a federal government that’s increasingly bloated, corrupt, reckless and invasive, have a Constitutional option. We can call a Convention of States to return the country to its original vision of a limited federal government that is of, by and for the people.

In the same way that the States first gathered at a Constitutional Convention to establish the United States federal government, the States can gather in convention under Article V of the Constitution to limit that power. If the American people at the grassroots, mobilize to have a minimum of 40 States join the others, a Convention of States can be held successfully. the solution to federal overreach is in the power of the people.

Recently Allen West endorsed the project and in the month of April the states of Alaska and Florida joned Georgia and have passed the application for a convention of states. In Arizona the Senate Presdent, Andy Biggs, defeated the measure by not allowing the state Senate to vote on it. However, the people are behind it, so success is anticipated in 2015.

Legislation is underway in South Carolina and Missouri where the General Laws Committe passed the application on April 28. In New Mexico, the application was introduced as HR 2, but died in the Voters and Elections committee. Now is the time to get working together for the next legislative session in 2015. You can find and contact your state legislators here: http://www.nmlegis.gov/lcs/legislator_search.aspx

Information on The Convention of States is found here: http://conventionofstates.com/

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