Attorney General Gary King said Friday that the issue of what to do about state Public Regulation Commission candidate Jerome Block Jr.'s misreporting of how he used public campaign funds is a "front-burner" issue for his office.
However, King said he's not sure when a decision will be made whether to pursue charges against Block, who has admitted he lied on a finance report about how he used $2,500 in public funds.
On Friday, Block went to the Secretary of State's Office with a check to repay the money to the state, according to James Flores, spokesman for Secretary of State Mary Herrera.
Block earlier had filed a campaign finance report stating he paid $2,500 to San Miguel County Clerk Paul Maez's band, Wyld Country, to perform at a campaign rally near Las Vegas, N.M., about a month before the June primary. However, this week, after two band members said no such performance had occurred, Block admitted lying.
Block couldn't be reached for comment Friday.
Common Cause, which helped push for passage of the 2003 law that allows PRC candidates to campaign with public rather than private money, also took issue with a Secretary of State spokesman's statement that someone has to make an official complaint before the secretary can act.
King said one of his staff lawyers has discussed the Block matter with the Secretary of State's Office but has yet to receive any formal complaint from that office.
"We're definitely accumulating all the information we can on this matter," King said in a telephone interview. "I think between the secretary of state and us, it's a front-burner issue. We're committed to investigating serious allegations and spending all the time necessary to investigate."
The Common Cause letter, addressed to the secretary of state and signed by executive director Steve Allen and Common Cause board member Jim Harrington of Santa Fe, said: "Contrary to certain statements made to the press, the Act contains no provision for complaints by private parties in these types of cases," the letter said. "Instead, as the Attorney General's office has correctly observed, the Act squarely places responsibility on your office to investigate and 'make a determination' whether a violation has occurred, and, if such a determination is made, to take specific action against the violator, consisting of either the imposition of a substantial fine or a reference to the Attorney General for felony prosecution."
"Common Cause has a strong interest in this matter because it was instrumental in securing passage of the Voter Action Act and has long been a dedicated supporter of public financing of political campaigns at both the state and national levels," the letter said. "Conduct by candidates of the kind that has apparently occurred in this case can tarnish public confidence in an effective system that prevents powerful interests from unfairly influencing the policy-making process. Violations of public funding laws in other states have been both infrequent and vigorously prosecuted. Common Cause therefore firmly believes that all allegations of such conduct must be promptly and thoroughly investigated, and that, when violations of the law are found to have occurred, they should be severely punished."
If the state determines Block, 31, violated the state Voter Action Act, he could possibly be forced to return the $101,508 he received in public campaign funds. That includes $36,730 for the primary and $64,778 for the general election, according to the secretary of state's Web site.
The Voter Action Act says: "A person who willfully or knowingly violates the provisions of the Voter Action Act or rules of the secretary or knowingly makes a false statement in a report required by that act is guilty of a fourth-degree felony and, if he is a certified candidate, shall return to the fund all money distributed to that candidate."
In June, Block won a plurality in the six-candidate Democratic primary race for the PRC's District 3 seat representing north-central and northeastern New Mexico on the body that regulates utilities and various other industries in the state. His only opponent in the November general election is Green Party candidate Rick Lass of Santa Fe.
A State Police spokesman said Friday that there were no new details on a report by Block that someone entered the office at his La Puebla home Thursday morning and apparently went through his personal files, although nothing was reported missing.
Contact Steve Terrell at 986-3037 or sterrell@sfnewmexican.com.