October surprise: Las Cruces Democrat hit with fundraising allegations ahead of election
LAS CRUCES ‒ Southern New Mexico's former congresswoman and her husband, a state lawmaker seeking reelection on Nov. 8, were both hit with accusations of improper fundraising by Republicans this week, although the evidence made publicly available is scant.
The allegations erupted in the final month of Las Cruces Democrat Nathan Small's run for a fourth term in the state legislature.
Xochitl Torres Small, a Democrat who represented New Mexico's 2nd congressional district for a single term and currently serves as an undersecretary at the U.S. Department of Agriculture, was the subject of a Sept. 30 complaint from U.S. Rep. James Comer, R-Ky., the ranking member on the House Committee on Oversight and Reform.
Torres Small's successor in Congress, Republican Yvette Herrell, also sits on the oversight committee.
Comer wrote to the Office of the Special Counsel on Sept. 30 requesting an investigation into Torres Small's fundraising activity for Democrats, citing her role in founding Shield PAC, a political action committee supporting moderate Democrats in the House of Representatives, before her appointment to the USDA.
Comer suggested Torres Small may have violated the Hatch Act, which restricts political activities among federal employees depending on their position. The law would bar her from campaign fundraising and from political activity while on duty or using the imprimatur of her federal post.
Since 2021, Torres Small has served as Undersecretary for Rural Development at the agency, which offers loans, grants and technical assistance for a range of needs in rural communities, including economic development, housing, infrastructure and emergency services.
"Committee Republicans are concerned (Torres Small) continues to fundraise for Democrats while she serves as a political appointee in the USDA," Comer wrote in his letter. "Additionally, information obtained by Committee Republicans appears to show that she may be using her official position to raise money for her spouse, NathanSmall’s, reelection campaign to the New Mexico House of Representatives."
Comer's letter cites Torres Small's past activity as a paid consultant to the PAC, which she agreed in writing last year to terminate upon her confirmation to the federal post.
When asked for evidence that Torres Small had violated the Hatch Act, Comer's office declined on grounds of protecting its sources.
In a statement, Comer's office wrote, "Republican Committee staff received credible information about a possible Hatch Act violation from a whistleblower and provided that to (the Special Counsel) for an investigation. Ensuring the protection of whistleblowers remains a top priority and we will have no further comment at this time.”
The Special Counsel's office confirmed receipt of Comer's letter, but did not comment on it further. The office explained that Hatch Act investigations may take weeks to several months to complete, and that its findings "are typically provided to only the complainant and the subject of the complaint."
Small: 'Ridiculous political stunt'
In New Mexico, state House Republican leader James Townsend of Artesia swiftly issued a letter to Nathan Small on Oct. 3 calling on him to return "every dollar your campaign has collected as a result of your wife's potentially improper fundraising activities."
Small is not a federal employee subject to the Hatch Act. Comer's letter insinuates, however, that Torres Small may have conducted fundraising on his behalf in violation of the law.
When asked if Townsend had reviewed evidence of any improper fundraising on Small's behalf, Republican caucus spokesperson Matthew Garcia-Sierra referred a reporter to Comer's letter requesting an investigation into Torres Small's activities and did not comment further.
Small called the letters "a ridiculous political stunt without merit" in a statement, pushing back against Townsend and Comer as well as his challenger, Kimberly Skaggs, who is the state Republican Party's executive director.
The statement makes reference to recent political mailers paid for by the state party in which a figure depicted in a stock photo was darkened.
"Representative Townsend and my opponent ... oversaw the racist mailings with doctored images sent out last week against Democrats (in) the state," he wrote. "And Congressman Comer has repeatedly defended Donald Trump's big lie about the 2020 elections. Much like Trump, they make accusations without any factual basis for their own partisan benefit."
Comer has raised questions about the integrity of the 2020 elections but did not join Republicans, like Herrell, who objected to counting any of the electoral votes that secured the presidency for Joe Biden on Jan. 6, 2021.
Algernon D'Ammassa can be reached at 575-541-5451, adammassa@lcsun-news.com or @AlgernonWrites on Twitter.
This article originally appeared on Las Cruces Sun-News: Nathan Small hit with fundraising allegation just ahead of 2022 election
