BREAKING NEWS: Armijo to sue in attempt to stay in auditor race

Jeff Armijo will sue in an attempt to remain the Democrat’s nominee for state auditor.

Armijo’s attorney, Paul Kienzle, sent out a news release late Thursday announcing that he will attempt to “pursue in state court his right to appear on the general election ballot.” Depending on how that goes, Kienzle said, several registered voters are prepared to file suit in federal court “to contest the loss of their vote and disenfranchisement.”

Allegations that Armijo made unwanted sexual advances toward a campaign volunteer, which are being reviewed by prosecutors in Albuquerque, were first made public in late August. On Aug. 29, following a closed-door meeting with the governor, Armijo announced in a news release that he would “leave the race for state auditor” for the good of the party.

The Democrats set a meeting for this Saturday to select a candidate to replace Armijo on the ballot. But Armijo had second thoughts and announced on Tuesday – the last day to file a withdrawal – that he would not withdraw. With the backing of the attorney general’s office, Gov. Bill Richardson and Democratic Party Chair John Wertheim argued that his news release constituted an official withdrawal, and the secretary of state took his name off the ballot.

The practice of the secretary of state’s office for years has been to require a signed, notarized letter from a candidate who wants to withdraw. Regardless, Secretary of State Rebecca Vigil-Giron said nothing in state law requires that and said Armijo’s news release was sufficient.

Kienzle called that “arbitrary,” and said Vigil-Giron “wrongfully denied” Armijo a place on the ballot by “reversing a decades-old practice in the middle of an election.”

“Rebecca Vigil-Giron argues that media buzz and statements circulated through third parties and the media are sufficient to affect a withdrawal,” Kienzle said in the news release. “Allowing a drive-by withdrawal or withdrawal by media or proxy is just not a proper way to conduct an election.”

He noted that, earlier this year, Republican auditor candidate Dan Alvarez was allowed to withdraw and later renege and reinstate himself in the race.

Alvarez withdrew with a signed, notarized letter before the primary, then later filed a signed, notarized letter withdrawing his withdrawal. That letter was accepted by the secretary of state’s office and Alvarez’s candidacy was reinstated, according to Ray Baray, a spokesman for the secretary of state’s office.

Alvarez later withdrew again and was replaced on the ballot by Republican Lorenzo Garcia.

Garcia pointed out that Alvarez took back his withdrawal in the same manner that he withdrew. Since Vigil-Giron claims Armijo’s news release constituted a formal withdrawal, his news release taking back his withdrawal should also be accepted, Garcia said.

“I agree with Jeff’s position. Dan Alvarez was able to take back his withdrawal, so why shouldn’t he?” Garcia asked. “Even if he’s not my opponent, I think they did him dirty.”

Kienzle agreed.

“There appears to be one rule for other candidates and another rule for Mr. Armijo,” he said. “Until this past Tuesday, the withdrawal rule was that a candidate had to provide a signed, written statement. Those law, rules, and customs now mean nothing. Political expediency and political powerbrokers determine who is on the general election ballot.”

He also pointed out that nowhere in Armijo’s news release did he use the word “withdraw.”

The secretary of state’s office issued a prepared statement.

“The secretary of state is holding to her official position that Mr. Armijo has withdrawn from the state auditor’s race, based on his public announcement on Aug. 29, along with a written press release on his campaign letterhead, which was an express declaration on his part to withdraw from the race. Secretary Vigil-Giron accepted that withdrawal, and, therefore, Mr. Armijo will not be on the general election ballot,” it reads. “Our office has read the statement from Mr. Armijo’s attorney indicating Mr. Armijo’s intent to a file a lawsuit in federal court. As of this afternoon, we have not been served with a copy of the lawsuit. It is the policy of our office not to comment on anticipated or pending litigation.”

Kienzle adds an interesting twist to this saga. He represented registered voters who sued in 2004 when Vigil-Giron’s office denied an attempt by Ralph Nader’s independent presidential campaign to get on the ballot. The New Mexico Supreme Court later overturned the decision and put Nader on the ballot.

Kienzle claims that cost taxpayers more than $35,000 in legal expenses.

“New Mexico Secretary of State Rebecca Vigil-Giron has shown a pattern and practice of arbitrarily and capriciously determining who is on the ballot,” he said. “The secretary of state will again lose and cost the taxpayers money.”

It’s not yet clear whether the Democrats will still meet Saturday to try to place another candidate on the ballot.