The Democratic Party of New Mexico and Jeff Armijo have both filed lawsuits asking district judges to back their positions in the dispute over whether Armijo should be the party’s candidate for state auditor.
The Democratic Party filed its complaint Friday afternoon in the First Judicial District Court in Santa Fe. You can read the complaint by clicking here.
Armijo’s attorney, Paul M. Kienzle of Albuquerque, filed his complaint Friday in the Second Judicial District Court in Albuquerque. You can read the complaint by clicking here.
The dispute won’t stop the Democratic Party from meeting Saturday to pick a candidate to replace Armijo on the ballot. Kienzle also filed a request for an injunction stopping Secretary of State Rebecca Vigil-Giron from removing Armijo’s name from the ballot, and District Judge Geraldine Rivera in Albuquerque has set a hearing for Tuesday at 4 p.m. – an hour before the deadline to put candidates’ names on the ballot.
I couldn’t reach officials with the Democratic Party to find out if a judge in Santa Fe has set a hearing.
Armijo announced on Aug. 29 that he was dropping out of the race. That followed a meeting with Gov. Bill Richardson, who pressured him to get out.
Armijo had been plagued by allegations of making unwanted sexual advances toward a campaign volunteer – allegations that are under review by prosecutors in Albuquerque.
Armijo never filed the paperwork normally required to withdraw. On Tuesday, the last day to withdraw, Armijo announced he was staying in the race. The Democratic Party and governor’s office argued that it was too late and said his prior news release constituted a formal withdrawal. The attorney general’s office agreed, and the secretary of state announced she had taken Armijo’s name off the ballot, leading to today’s court filings.
Update, 6:10 p.m.: Democratic Party Chair John Wertheim said a hearing has not been set in Santa Fe on his party’s request. He said he’s glad his party also filed a lawsuit, because Armijo’s complaint names the secretary of state as a defendant but not the Democratic Party, which he said indicates that Armijo wanted to take away the party’s ability to argue in the case.
He said there are other reasons his party filed the lawsuit.
“We wanted to have an affirmative statement of confidence in our legal position,” Wertheim said. “Our party is very deeply affected by this issue.”
I’ve been unable to reach Kienzle for comment.
The Democratic Party of New Mexico and Jeff Armijo have both filed lawsuits asking district judges to back their positions in the dispute over whether