Politics of auditor snafu create a dangerous new precedent and will discourage some voters

It appears politics beat the law in the battle over whether Jeff Armijo would be the Democrats’ candidate for state auditor.

I’m not saying Armijo would have won. But we’ll never know, and the action taken by the secretary of state to remove Armijo from the ballot sets a new precedent that remains unchallenged.

It’s a dangerous precedent, and one that discourages Democrats and Republicans from being independent of their party’s platform and marching orders.

Armijo is under investigation for allegations that he made unwanted sexual advances toward a campaign volunteer. Though Armijo at first called them “rumors,” they are not: Prosecutors in Albuquerque are reviewing the case to determine whether criminal charges are warranted.

Public disclosure of the allegations in late August by the Albuquerque Tribune prompted Gov. Bill Richardson to announce he would meet with Armijo to discuss whether he should withdraw from the race. Armijo responded by saying he was guilty of no wrongdoing, would not agree to such a meeting and was not resigning.

But Richardson strong-armed Armijo into meeting on Aug. 29 and announcing afterward that he would drop out of the auditor’s race. The party began the process of replacing Armijo on the ballot.

In the meantime, Armijo had second thoughts. After all, he never wanted to step aside. He held a news conference last week, minutes before the deadline to withdraw from the race, to announce he would not do that.

“If that makes a select few politicians nervous, so be it,” Armijo said.

But the secretary of state took his name off the ballot based on the argument of Richardson’s lawyers and the Democratic Party that Armijo’s previous actions – primarily a news release announcing he would step down – constituted a formal withdrawal. Previously, a withdrawal required a signed, notarized letter.

Armijo and the party sued each other to attempt to resolve the dispute. The governor’s office announced he would stay out of the situation.

Then came Wednesday’s surprise announcement, made by Armijo, Democratic Party Chair John Wertheim and Speaker of the House Ben Lujan, that Armijo would step down for the good of the party.

As part of the deal, Armijo was allowed to make the following statement:

“Out of my profound respect for Speaker Lujan I have concluded that, in the interest of many wonderful New Mexicans, that I will not seek the office of state auditor,” he said. “I was elected fair and square by 62 percent of the Democratic Primary voters, and my fight to protect ordinary New Mexicans will never end. Although I still feel that I am the candidate for state auditor, my meager resources cannot match the mighty powers and resources of big government and powerful politicians.”

That’s what I’m talking about: The powers-that-be won not because they were right, but because they are more powerful.

That should leave a bad taste in the mouths of all Democrats, regardless of whether they believe the allegations against Armijo are true.

Any assertion by Richardson’s office that he stayed out of the final deal-making is laughable. He forced Armijo to originally say he would drop out. Who really believes he backed off after that? Who knows what sort of conversations Richardson had with Lujan. Did they make a deal?

I realize the Democratic Party and those who were involved believe they were doing the right thing in forcing Armijo off the ballot. They believe they are the good guys and the Republicans aren’t, and Armijo’s name on the ballot might hurt other Democrats in November.

But this shouldn’t have been their decision to make. Armijo was picked to represent the party by 62 percent of voters in the Democratic primary. The decision to stay in the race or quit should have been his, and his alone.

Armijo’s inability to fight this to the end lets the party and Richardson get away with the same tactics the governor’s campaign called unethical when the person being accused was John Dendahl. It leaves the legal question unanswered and sets a new precedent: All candidates have to do to withdraw from races is say out loud that they are withdrawing. What’s next? Can the party decide it doesn’t want someone on the ballot and claim its members were told by the candidate he would withdraw?

We’re on a slippery slope that is certain to discourage independence and encourage more partisan politics.

Don’t think the public doesn’t see it, either. This will be seen by many as another black eye for the Democratic Party.

Even the Santa Fe New Mexican, which many would argue is the most liberal daily newspaper in the state, called Saturday for the Democrats to concede the auditor’s race to Republican Lorenzo Garcia, who the newspaper’s editorial described as an “excellent candidate.”

“When the dust settles from the Democratic intramural dirt-throwing and wrangling for position, it will be clear that New Mexico needs Garcia to restore credibility to the state auditor’s office; the Democrats, for all their registration advantage over the Republicans, for now have lost the confidence of their fellow citizens when it comes to this position.”

It will take a lot for Hector Balderas, Armijo’s replacement on the ballot, to regain that confidence. That’s no shot against him. I’m intrigued by the idea of having an attorney run the auditor’s office, and he might make a good auditor.

But outgoing Auditor Domingo Martinez, a Democrat, was a rare example of a member of that party who had the courage to consistently stand up to cronyism in state government, regardless of who was involved. The Democratic Party has shown that, as long as Richardson rules with an iron fist, we must have one as independent as Martinez in the auditor’s office.

Now that Republicans who are mired in scandal control the federal government, Democrats like to talk about the importance of balance and the need for people willing to stand up for what’s right. The balance of power is equally out of whack in New Mexico, with the scales tipping to the Democrats.

Few doubt that Garcia will remain independent and an important check on state government. How will Balderas prove that he can be independent, when his placement on the ballot is questionable and the result of such a scandal?