Career
Duran attended New Mexico State University in Alamogordo before beginning work in the Office of the Otero County Clerk in 1979. Elected county clerk in 1988,she served two consecutive two-year terms. In 1992,she was elected to the New Mexico Senate,serving until 2010,when she resigned after being elected Secretary of State on November 2. While in the Senate Duran pushed for legislation requiring citizens to produce photo ID before they could vote. [7]
On January 1,2011,Duran became New Mexico's 24th Secretary of State. She was the first Republican elected to that office since 1928. She promised initiatives to modernize and streamline operations and cut costs. She said her primary objective was the integrity of the electoral system and that she believed that in a republic,legitimacy rested on the people's belief that elections are conducted fairly,votes are counted correctly,and that only eligible voters are allowed to participate. On July 31,2011,Duran cited a "culture of corruption" when she turned the names of 64,000 voters over to the state police,saying they did not match the Social Security and motor vehicle data bases. She also said that 117 foreign nationals had registered to vote and 37 had actually done so. [8] The American Civil Liberties Union filed a public information request for the records in question,saying that they wanted to verify the statement. But Duran refused,citing executive privilege. [9]
Eventually the figures were amended:actually,two foreign nationals had registered to vote,and of the two only one had actually voted,apparently accidentally. [10] In 2014 Duran won reelection,outspending challenger Bernalillo County Clerk Maggie Toulouse Oliver $195,635 to $145,690 on television ads alone. [11] In 2015 she testified in favor of HB340 before the Legislature's Judiciary Committee. The bill,which would have mandated a requirement for voter ID,did pass out of committee on a party-line vote,but died on the floor of the Legislature. [12] [13]
In addition to bringing New Mexico into compliance with federal mandates regarding removal of ineligible voters from the rolls, [14] as the chief elections officer of the state, [15] Secretary Duran ended the established practice of single party voting (straight-ticket voting). [16]
Fraud and embezzlement charges
On August 27,2015,New Mexico Attorney General Hector Balderas charged Duran with 64 violations in a criminal complaint,including fraud,embezzlement,money laundering,campaign law violations,tampering with public records,conspiracy,and violating the Governmental Conduct Act. The complaint alleged that Duran illegally used campaign funds for personal use. Duran's lawyer responded:"we have identified some serious potential violations of law by the New Mexico Attorney General's Office,in conducting the investigation." [17] On October 2,2015,Duran was also charged with identity theft,her 65th charge,for listing former state Sen. Don Kidd as her 2010 campaign treasurer,although he publicly said he had no knowledge of this and played no such role. [18] [19] On October 23,2015,Duran entered into a plea deal,entering a guilty plea to six of the 65 charges against her. Under the terms of the plea agreement,Duran kept her pension from the State of New Mexico Public Employees Retirement System. [20]
Resignation and guilty plea
Duran resigned from office late October 25,and formally entered her guilty plea October 26. Sentencing was at the court's discretion,but as part of the agreement,she was barred from future handling of,and responsibility for,public money. [21] Two of the charges are felonies,and felons cannot hold public office in New Mexico. The most serious charge is that while in office and responsible for enforcing campaign finance law,Duran misreported and under-reported campaign contributions from Mack Energy Exploration,an oil energy exploration company based in Artesia,New Mexico. [22] The agreement leaves open the potential for counseling;at least some of the embezzlement charges stemmed from her use of campaign accounts at Sandia Casino. [23]
Sentencing
On December 15,2015,Duran was sentenced to 30 days in jail and was ordered to pay $28,000 in fines and restitution. As part of her plea deal,the judge also ordered Duran to complete 2,000 hours of community service,write letters of apology to New Mexicans and campaign donors,and make 144 speeches to school groups and civic groups about her crimes. She was also ordered to continue to attend gambling addiction therapy and forbidden to enter a casino or race track for five years. She began her 30-day sentence on December 18,2015. [24]
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