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Harvey E. Yates, Jr.

P.o. Box 0 Albuquerque, NM 87103 Ph: (505) 242-2050 Fax: (505) 242-8501

May 25,2010

Dear Central Committee Member:

On Sunday I issued a press release regarding Allen Weh's campaign ads. Some have suggested that my action, in issuing the press release, was an intolerable intercession in the campaign. You may be among the persons who feel that way. However, you need the benefit of information available to me to make a clear judgment about this. Therefore, I send you this letter with the attached information.

First, I think it important to understand that my press release was not directed toward ending "negative" campaign ads. Instead, it was directed toward ending dishonest campaign ads. While the record will show that I sought to keep the gubernatorial candidates from using negative attacks on each other, (See, attached email of February 19th to gubernatorial candidates and email of May 16th to Allen Weh), I would not have issued the press release because of negative ads, had those ads conveyed honest information.

In yesterday's campaign press release and in a press conference Mr. Weh suggested that I have been biased against him. If you believe this to be true, consider this. Throughout my tenure I have retained as an employee at the party office Allen Weh's sister in law even though she is a strong Weh partisan. Further, we have treated all campaigns more fairly and evenhandedly than similar campaigns were treated during Weh's tenure as Chairman. The issue here is not bias. The issue is honesty in campaigning.

Because of numerous complaints from Republicans about campaign ads being run by the Weh and the Martinez campaigns, I assembled a committee composed of the party's top leaders - our National Committeeman, our National Committeewoman and me, the State Party Chairman - to examine the honesty of the ads being run. We all came to the same conclusion - that the Martinez ad was reasonably honest and that the Weh ads were not. (I note that several journalists have reviewed the Weh material and have reached the same conclusion - the Weh's ads are not supported by the documentation and are misleading.)

The attached documentation shows the request for information given to both campaigns (See, email of May 20th to the two campaigns), and an email to the Weh campaign (See, email of May 22nd) containing our conclusions and our request that he remove his misleading ads from the airways.

Why did I go public with our information regarding this matter? Weh was given notice that we would do so unless he pulled the ads. We requested that he furnish written proof that he had pulled the ads as well as a written statement that he would not run misleading ads again. Yet, he kept running the ads, and, at the time of this writing, they are still runmng.

The only stick we have as a party to keep dishonest ads from being used is the threat that we will publically report dishonest ads if their use is not terminated. If we are unwilling to carry through with the threat, our request that candidates remain honest in their campaigns will mean nothing to the candidate for whom winning means more than integrity.

In my view our party has no hope unless our party stands for honesty. Consider the following:

• If a Republican becomes Governor, that will happen because a majority of voters think Republicans are more likely to clean-up this state than are Democrats. How saleable will our reform message be if our candidates win our primaries by resorting to dishonest ads?

• You and I likely would agree that our chosen leaders should be the most competent people available. Yet, how do we recruit those people to run for, office if, in addition to being responsible for explaining their real past, those potential recruits know that they will have to deal with dishonest attacks - some attacks even suggesting, as does Weh's ad, that the candidate committed a felonious act?

• What sort of moral authority will your party leaders have to call-out the Democrats, if they have failed to call-out dishonesty in their own party?

It is time to consider what sort of party we want. Will it be one which stands for honesty and integrity in all circumstances - even when one of our own is at fault? Or, will it be one where our honesty is transient and is on display only when we hope for an advantage over the opposing party?

Some have called my action in issuing the press release "unprecedented." Well, I believe this action creates a precedent for honesty in campaigning which the next chairman and this party can well use.

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.'

My Opinion

From: Harvey Yates ••••••• , Sent: Fri 2/19/10 4:30 PM

To Republican Gubernatorial Candidates:

Our polling suggests that a Republican has an excellent chance of being elected governor. However, this will not happen if the Republican field of gubernatorial candidates is diminished by negative statements aimed by one Republican against another. Further, negative statements are particularly disgusting when they are based on half-truth or sloppy reasoning.

There are many folks out there who desire that we Republicans win the upcoming election in New Mexico so that the state can begin to be turned around. The possibility of satisfying their desire will be thwarted if overblown candidate egos get in the way of good judgment. The need to straighten out tills state supersedes the needs of any single individual who happens to be a gubernatorial candidate in this election. If a candidate C3ll...110t run his or her race by clearly stating a positive message aimed at enhancing Republican chances in November, rather than diminishing them, that candidate needs to droo out of the gubernatorial race.

, ~

:My opinion.

Harvey Yates, Jr.

~--------.-.--.--.-.-- .. -.---.-.-----'

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FW: In Final Stretch, Weh Leads GOP Gov's Race

From: Harvey Yates ••••••• Sent: Sun 5/16/10 5:20 PM

To: Allen Weh ••••••••• Attachments:

image001Jpg (6.7 KB)

Allen,

I was disappointed to see Whitney's press release today. I understood you to tell me that you would not be the first togo negative. I fear this may begin a torrent of negative ads back and forth which will damage our ultimate nominee (whether that nominee be you or Susana). You were ahead; why not ieave it at that?

Further, by pushing the "government lawyer" argument you are opening yourself for the counter charge that you are a "government contractor" and all that can be made of that in the minds folks who are not aware of the entrepreneurship it took to build your business.

Also, isn't it a bit incongruous for a former State Party Chairman to be talking about "party insiders"?

I fear that this news release, or more like it, wiil deliver the party nothing good.

Respectfully, Harvey Yates

From: chris@allenweh2010.com To: chris@ailenweh201O.com

Subject: In Final Stretch, Weh Leads GOP Gov's Race Date: Sun, 16 May 2010 11:29:26 -0600

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FOR IIvH·AEDL6,.TE RELEASE

CONTACT: CHRISTOPHER S;\.l,\CHEZ

May 16,2010

(505) 344-9220 OR (S05) 504-8881

In Final Stretch, Weh Leads GOP Gov's Race

ALBUQUERQUE - Businessman and retired Marine Colone! Allen VVeh is in the lead and positioned to win the GOP nomination for Governor of New Mexico .. according to a recent survey conducted by The Albuquerque Journal.

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"Clearly this is a two person race," said Whitney Cheshire, campaign manager for Allen Weh. "Voters are deciding between a government lawyer, and a job-creator who has built a successful business. "

Weh tops the field of candidates, coming in ahead of career politician Susana Martinez, who the party insiders voted first at the GOP convention in March. Martinez was then seen by many as the likely nominee to take on Diane Denish in the general election.

Cheshire said that the campaign's internal polling shows Weh has a much larger lead than was published in the Albuquerque Journal today, and she is confident that Weh will continue to earn the support of undecided voters who are looking for a seasoned proven leader who can govern the state amid serious challenges.

"This is not a good year for inside-party politics and career politicians," Cheshire said. "Antiincumbent mood is strong across the country, and we are feeling it here in New Mexico. Voters are looking for a leader with a diversity of real-world experience who win get the job done."

###

The New Busy is not the old busy. Search, chat and e-mail from your inbox. Get started.

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Campaign Ads Currently Running From: Harvey Yates •••••••• Sent: Thu 5/20/10 2:15 PM

To: Allen Weh l~; Susana Martinez

Cc: Rosie Tripp _; Patrick J. Rogers ••••••••••

Dear Allen and Susana:

In February I sent Republican Gubernatorial Candidates an email asking that candidates not be negative about another Republican candidate. Until recently this request was honored. I appreciate that.

Now, however, instead of focusing on Denish and the problems that the Democrats have created, your campaigns have now gone after each other. Perhaps in a close race that was inevitable because of a candidate's need to distinguish himself or herself from a competitor. Nonetheless, this is of great concern, and the continuation of this strategy could seriously compromise Republican chances of winning in November. If this is the result, the loss will be suffered by all New Mexicans, not just by you.

Pat Rogers, Rosie Tripp and I have received complaints from Republicans about ads now being run by your gubernatorial campaigns. The complaints allege not just that the ads are negative about an opposing candidate, but that that one or more of the ads are not honest. For our part, we dislike half truth and innuendo in Republican ads as much as we dislike them in Democrat ads.

Rosie and Pat and I, sitting as an ad hoc committee, have agreed to examine the veracity of the statements made in the advertisements to which an objection has been made, and to determine whether those ads contain half truth and innuendo as opposed to being honest ads. If we determine that an ad does not meet the honesty standard, we shall respectfully and privately request that the offending campaign immediately remove the ad from the airways. If you fail to comply we will call a press conference to announce our request for the immediate removal of the ad.

We request that the Susana Martinez campaign submit to us by 4:00 p.m. today all documentation or argument supporting the statements made in that campaign's TV ad referencing Allen Weh's earlier stand on immigration.

Likewise, we request that the Allen Weh campaign submit to us by 5:00 p.m. today all documentation or argument supporting the statements made in that campaign's TV and radio ads referencing Susana Martinez's failure to pay taxes, getting meals from Hooters, getting extravagant meals, purchasing Ipods and staying at luxury hotels.

You may submit your supporting material to Rosie, Pat, Ryan Cangiolosi or me. Failure of a campaign to comply with our request for the supporting material for an ad will be taken as evidence that the ad in question is dishonest. This will result in the actions indicated above.

The future of NM is at issue here. Because the Democrats have access to millions of dollars, we already are at a disadvantage. If a Republican governor is elected this year it will be because voters decide, in spite of the Democrats' capacity to advertise, that our candidate has more character than does the Democrat candidate and is more able to solve the State's problems. That is going to be a hard sell if our candidate has used half truth and innuendo to win our primary campaign.

Yours truly,

Harvey E. Yates Jr. Chairman, RPNM

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From: Patrick J. Rogers

Sent: Saturday, May 22, 2010 11 :22 Al\1 To: 'Allen Weh'

Cc: Patrick 1. Rogers

Subject: May 22,2010: False Ads

May 22,2010

Dear Allen,

The day before yesterday, on behalf of Rosie Tripp, RPNM National Committeewoman, Pat Rogers, RPNM National Committeeman, and myself, I sent an email to you and to Susana Martinez. The email followed complaints from New Mexicans about the radio and TV ads being run by your campaign and a TV ad being run by Susana Martinez's campaign. We requested documentation which would establish the veracity of statements made in those ads. The Martinez campaign complied by furnishing us documents. You referred us to the Joe Monahan blog site where you implied we could find the documentation to support your ads.

After review of the material referenced above we find that the Martinez ad is reasonably accurate, and that your ads are not.

In regard to the Martinez ad your objection seems to center on the fact that it suggests that you supported amnesty for illegal aliens. Among documents we reviewed was a June 20, 2006 article in the Albuquerque Journal by Andrew Webb. Webb wrote the article following the visit to Albuquerque by Carlos Gutierrez, US Commerce Secretary under Bush. In it Webb wrote, "Gutierrez characterized Bush's plan as a compromise between two extremes - complete amnesty for immigrants on the one side and focusing every ounce of energy on border enforcement and deportation on the other." We note that organizations such as the Heritage Foundation and several prominent politicians characterized Bush's plan as having involved a plan fo~ amnesty for illegal immigrants. The article by Webb notes your presence at the speech: "New Mexico Republican Party Chairman Allen Weh, who attended the luncheon, called Gutierrez's remarks "right on target." We do not know how this could be interpreted other than that, at that time, you supported the amnesty plan contained in the Bush immigration plan.

Y our TV and radio ads suggest both that Martinez is dishonest and that she has improperly used public funds. Instead we fmd that your representation of Martinez is inaccurate. Moreover, instead of addressing a political issue or position, the intent is to suggest dishonesty in her personal and business affairs.

Your ad states that Martinez has not paid her taxes. This representation makes it appear as if Martinez has not paid her personal taxes. You presented no evidence to substantiate

this claim. Among the documents to which you did reference us was one related to an audit of the District Attorney's office which recommended that 24 persons employed to destroy "closed case files" be hired as employees or hired from a leasing company rather

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than being hired as contract workers. In either case FICA taxes for the employees would be paid and even in the contract circumstance the audit noted that the district attorney's office was liable for the taxes. The response from Martinez's office was that the audit recommendation would be implemented. It is a terrible stretch from that to suggest that Martinez has not paid her taxes.

Your ads suggest that Martinez approved extravagant meals. However, the documentation examined makes it clear that the district attorney's employees were on "per diem" expenses, and while they were at liberty to eat an expensive meal, they were only paid the per diem allocation. Thus, your documentation does not support the implication of your ad which is that Martinez improperly used public funds. Rather, the evidence available suggests that Martinez was properly stewarding public funds.

Your ads suggest that Martinez squandered public funds by allowing the purchase of several Ipods - the implication being that the equipment was purchased for personal use. We have been advised that the Ipods were used to monitor prisoner phone conversations which the district attorney's office had to do. Hence it appears that you have mischaracterized the basis for the purchase of the Ipods.

We need go no further. We find your radio and TV ads to be an inaccurate representation of Martinez' activities as a district attorney.

By 3:00 p.m. today please confirm in writing that you have removed the offending ads from the airwaves and that you will not air any more false ads. If you fail to do this by 3 pm we shall communicate the obvious conclusions to the press in the most expeditious manner possible. Please confirm your removal of the ads at this time.

Two more matters need to be referenced to fully reply to your communications. First, you earlier suggested that Martinez's office had not furnished documentation pursuant to your Public Information Request. Yet, you furnished to Monahan documents which clearly came from Martinez' office. Based on our understanding those documents were furnished by Martinez's office only to the Democrats. Therefore, based on your statement that Martinez did not furnish you documents as required, we are left to wonder whether the Democrats furnished the documents to you.

Second, you suggest, as a rationale for your ads, that Martinez went negative first. While our examination of the documents suggests that it was you who first went negative, the issue dealt with in this communication does not have to do with negative ads, but with inaccurate ads. We believe that it is inappropriate for Republicans or Democrats to mislead the public.

Yours truly,

Harvey E. Yates, J r Chairman RP"NJ\r1

Pat Rogers

National Committeeman

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Subject: Press Release by Harvey Yates, Jr Date: Sun, 23 May 2010 10:46:57 -0600

PRESS RELEASE by the

Chairman of the Republican Party of New Mexico

Issued May 23.2010

After receiving complaints from several Republicans regarding ads being run by two leading Republican gubernatorial candidates, Republican State Party Chairman, Harvey E. Yates, Jr., assembled a committee to examine the ads. Documents supporting their ads were requested from both Susana Martinez and Allen Weh. The documents were examined to determine whether the ads were truthful.

It was found that the documents furnished by the Susana Martinez reasonably supported her ad regarding Allen Weh's earlier position on amnesty. However, it was found that the documents to which the committee was directed by Allen Weh did not reasonably support either his radio or TV ad.

In Mr. Weh's ad he suggests that Ms. Martinez has not paid her taxes. No support for that was found in the documents. Mr. Weh's ads imply that Ms. Martinez has misused public funds in a variety of ways. Yet, an examination of the documents not only did not substantiate that claim, the examination results suggest that Ms. Martinez has handled public funds properly. In short, the effort undertaken revealed that Mr. Weh's recent radio and TV ads are misleading.

In regard to the above Chairman Yates stated the following: "Dishonesty in political advertising should not be tolerated in either party. I believe it to be quite unfortunate that one of the Republican gubernatorial candidates has issued ads which are so misleading. I note that when Mr. Weh accuses Ms.kIartinez of failure to pay her taxes, this can be taken as suggesting possible felonious conduct on the part of Ms. Martinez. This suggestion by Mr. Weh, without clear evidence, is inappropriate."

Mr. Yates continued, "Republicans expect honesty in government. How likely is that result, if dishonesty in campaigning is tolerated in those we elect to run government?"

Harvey E. Yates, Jr. 1429 Central NW. # 3 Albuquerque, NM 871 04 (505) 242-2050

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