A state district court judge on Monday (Dec. 11) ruled that there was insufficient evidence to support allegations against Sandoval County Commissioner Katherine Bruch, a Democrat from Placitas, in an effort to have her recalled from her seat representing District 1.
Placitas resident John Veltri filed the complaint Nov. 22, accusing Bruch of malfeasance, misfeasance and failing to uphold her oath of office. He cited three instances in his complaint: her vote to canvass the November 2022 general election, votes to approve an ordinance banning the general public from feeding free-roaming horses, and when she walked out of a Sept. 13 County Commission meeting before a controversial vote endorsing a statewide referendum on new laws passed by the Legislature and signed into law by the governor this year.
District Judge Christopher Perez complimented Veltri, who was representing himself at the nearly two-hour hearing at the Sandoval County Court Complex in Bernalillo, on his presentation. “But the facts for me clearly don’t rise to the level of probable cause to allow the petition to go forward,” he said.
Perez said the charges of malfeasance and misfeasance were “not in play,” as the allegations didn’t meet the definitions. He noted that Bruch did make a statement at the Sept 13 meeting explaining her opposition to a resolution supporting the statewide referendum before she walked out. He said the facts presented weren’t sufficient to meet the probably cause standard for violating her oath of office.
The judge dismissed Veltri’s allegation regarding her vote on the canvass in 2022 election, saying it was timebarred. Recall petitions can only be based on instances that occurred during an elected official’s current term. Bruch’s second term started in 2023.
Judge Perez told Veltri he could appeal the case to the state Supreme Court within five days of the order being posted on Dec. 13. “If the Supreme Court finds I’ve been wrong, Mr. Veltri, we’ll be right back here,” he explained.
Veltri, who told the Signpost prior to the hearing he would appeal if he lost in district court, told the judge he would consider an appeal. Veltri said he would need to submit more than 5,000 valid signatures from registered voters in District 1 to the Secretary of State’s Office to meet the requirements for a recall election.
Bruch did not attend the hearing – prompting groans from some of the more than 50 Veltri supporters in the gallery when it was announced – but instead was represented by attorney Sara Sanchez.
Bruch has twice been elected commissioner in District 1, which includes Corrales, Placitas and a portion of the Town of Bernalillo.
Alleged harassment
In a court filing three days before the hearing, Sanchez called Veltri’s complaint “baseless” and “transparent political harassment.”
The filing states that Veltri is the founder and leader of the New Mexico Election Transparency Network, “one of many political groups that formed around the country in the wake of former President Trump’s false denials of his loss in the 2020 presidential election and the ensuing insurrection.”
Sanchez wrote that Bruch had “withstood months of repeated and ongoing harassment by Mr. Veltri and others who are displeased when she does not embrace their political agenda. Mr. Veltri has now escalated his harassment of Commissioner Bruch by filing a meritless Petition for Recall…”
Sanchez didn’t mention “harassment” during Monday’s hearing, but did say that a cadre of citizens regularly “air grievances” on wide-ranging issues at County Commission meetings. Among the issues she mentioned were questioning the integrity of voting machines and laws that protect reproductive rights and gender-affirming healthcare that went into effect this year.
Burch walked out of the Sept. 13 meeting just before the commission voted on a resolution supporting not only the right for citizens to petition for a referendum, but supporting a petition effort to referendum the newly passed laws that made up House Bill 7.
The resolution has been mischaracterized by Commissioner Jay Block and others as one that supports the people’s right to referendum as provided in the state Constitution. It does that, “But that’s not all it says,” Sanchez noted. The resolution also specifically expresses support for a referendum effort already underway that attempted to do away with newly passed laws.
A video from that meeting showing Bruch making a statement before she walked out and returning after the vote was taken was played by her attorney. In it, Bruch explained she supported people’s right to referendum, but she did not support the effort to repeal the measures passed under HB7.
Bruch also said she has more constituents than just the people who show up to speak at meetings and that she was doing her best to represent all the people in her district. She then got up and walked out of the room before the vote was called.
Block, who was sitting next to Bruch on the dias, is heard on the video commenting on her exit. “That’s rather fascist,” he said.
Witness testimony
Block was the first of five witnesses called by Veltri. He confirmed that Burch walked out of the meeting without permission from the commission’s chair in violation of the Commission’s rules and procedures.
“I never heard her ask and I saw her leave,” Block said.
Under cross examination by Sanchez, Block, a Republican, acknowledged commissioners had different political views and that the resolution that was passed equates to a statement of policy. He testified that when he voted to approve the resolution supporting the referendum effort in September, he was not aware of a letter from the Secretary of State’s Office from last April. The letter explains that the laws targeted by the referendum effort were exceptions to the referendum rule and could not be contested.
Also testifying were Ramona Goolsby, one of the leaders of the referendum effort, Ronda Orchard and Barbara Hall. They each testified that they saw Burch leave before the vote on the referendum resolution. Each was also asked by Veltri how that made them feel.
“I was furious. I was angered,” Hall said. “I felt Commissioner Bruch was delinquent, especially over the referendum that was so close to my heart.”
Veltri’s final witness was 10-year-old Alyssa Pearse, who was asked by Judge Perez if she knew the difference between the truth and a lie before she took the stand. The girl said she did, but was only asked by Veltri to recite a statement she made to the County Commission after it had taken up consideration of the ban on feeding wild horses. The girl, who recently moved to Placitas from Texas, said waking up to the sound of naying wild horses was “the most magical thing ever.” She said if the horse-feeding ban was in effect she would never have met her favorite horse, who she calls Banana.
Veltri made no closing argument, saying to the judge that he just hoped the witness testimony and evidence presented was enough to convince him there were grounds for a recall election.
Sanchez used her closing to remind the judge that the recall statute in the state Constitution only applies to elected officials deemed “corrupt.” There may have been disagreement on issues but “That’s healthy, to have debate,” she said.