Armijo creates quandary for Democratic Party

For about an hour beginning at 5 p.m. Tuesday, the political powers-that-be in New Mexico’s Democratic Party were silent.

Jeff Armijo had decided to play hardball and just announced he would not withdraw from the state auditor’s race. The secretary of state’s office had told both me and the Albuquerque Journal earlier in the day that Armijo would have to file a signed, notarized letter to withdraw from the race.

Then the Democratic Party chair and governor put out statements taking the position that no such letter was required. They said Armijo’s prior public statements and news release were enough. Just before 5 p.m., Hoyt Clifton with the secretary of state’s office told me he understood the office was in the process of receiving Armijo’s withdrawal from the race.

I didn’t know it at the time, but the fax wasn’t coming from Armijo. It was coming from the governor’s office, and was not a signed, notarized letter. It was a copy of Armijo’s news release announcing he would drop out of the race, and the Democratic Party’s call for nominations to replace him.

Democrats from around the state who I spoke with balked. Of course it has to be a signed, notarized letter, they said. It’s always been that way. What were their party chair and the governor thinking?

Then the party went silent. Here’s why:

Richardson’s top lawyers, Secretary of State Rebecca Vigil Giron and the attorney general’s office were trying to figure out this mess. While many Democrats were saying off-the-record that the attempt to keep Armijo off the ballot would fail, they were reviewing the legal argument put together by the governor’s office, and doing who-knows-what-else that politicians do when others aren’t looking.

While that was happening, no one knew what to say or do. Though many Democrats I spoke with said they believe the argument made by the governor and party chair is bogus, few would back Armijo publicly, because they don’t know whether the allegations that he made unwanted sexual advances toward a campaign volunteer are true.

And the truth is that they want him off the ballot. If he remains on the ballot, they fear, many Democrats won’t vote the straight party ticket, and other Democrats will lose votes.

That was the dilemma. Many wanted Armijo off the ballot but felt this attempt by the governor and party chair wasn’t proper.

By 6 p.m., the secretary of state said publicly she had accepted the statement and removed Armijo from the ballot, contradicting what workers in her office had said earlier, and the attorney general’s office was concurring with the decision.

Apparently, state law was changed at some point, unbeknownst to workers in the state elections bureau and most of the Democrats I spoke with, so it no longer requires candidates to inform the secretary of state’s office they are withdrawing. State law is now silent on the issue.

Armijo’s only avenue if he wants to continue fighting is a lawsuit. He would likely have to seek an injunction blocking the party’s attempt to meet Saturday and replace him on the ballot.

His argument might be that, even though state law doesn’t require a signed, notarized letter, requiring such a document remained the practice of the secretary of state’s office until Tuesday.

Instead of suing, Armijo could try to regain the nomination at Saturday’s meeting, but he wouldn’t be successful.

If the statement Armijo read at his news conference Tuesday is any indication, he will continue to fight. Here it is:

“After 17 years in the military the most important lesson I learned was to never quit.

“It’s time for a young candidate, untainted by special interests, to do the right thing, and if that makes a select few politicians nervous, so be it. Ordinary people across New Mexico want accountability and they deserve it. I am the ‘peoples’ candidate because I have been consistent in my belief that ordinary people matter. I am staying in this race because you matter.

“I am putting my adversaries on notice. These accusations are false and I have done nothing wrong. I am a victim of a horrible political scheme and I have faith in our political and legal systems that will expose the individuals in this scheme. So if they want to continue this charade, go ahead, and the people will expose you.

“The hundreds of phone calls and emails requesting that I stay in the race and the continued support of my family, friends and New Mexicans is greatly appreciated.

“Mil gracias.”