Republicans might fight Armijo removal, and are trying to run a candidate for Balderas’ House seat

The dispute over who will be the Democratic Party’s candidate for state auditor may not be over, and there’s a new battle brewing over whether there will be a Republican candidate on the ballot for the House seat currently held by Democrat Hector Balderas.

The Republican Party is considering filing a lawsuit challenging the secretary of state’s removal of Democrat Jeff Armijo from the ballot, said party spokesman Johah Cohen.

“We’re still chewing on that,” Cohen said, adding that the party is meeting with its attorneys later today.

Republican auditor candidate Lorenzo Garcia told me last week that he hopes Armijo is his opponent because the cloud over Armijo’s head will make it easier for him to win the race.

In addition, the Republicans filed a letter with the secretary of state’s office at 4:43 p.m. Tuesday, the last day for parties to fill vacancies on the ballot, indicating that they will run Roger Gonzales, 25, of Mora as a candidate in the House District 68 race.

That seat is currently held by Balderas, who withdrew from the race last week to become the Democrat’s candidate for state auditor.

The Republicans weren’t running anyone in that race, so the thinking among many Democrats was that they should leave their spot on the ballot vacant as well. That way, if Balderas lost the auditor race, Gov. Bill Richardson could reappoint him to his House seat.

Not so fast, the Republicans are saying.

“Once that vacancy opened up, by election law, we were able to field that candidate,” Cohen said. “It seems that our guy is going to be running unopposed.”

But Gonzales said he was notified late Thursday by the secretary of state’s office that he would not be on the ballot. Because the Republicans didn’t run a candidate in the primary, there is no ballot spot for them in that race, he said the office told him.

When Balderas withdrew, he created a vacancy on the Democrat side, but not the Republican said, Gonzales said he was told.

Gonzales said the party is considering fighting that decision as well. Officials with the secretary of state’s office could not be reached for comment.

The election code states that, “If after a primary election a vacancy occurs, for any cause, in the list of nominees of a qualified political party for any public office to be filled in the general election,” the party can replace that nominee on the ballot.

The question is whether, since the Republican Party didn’t nominate anyone for that office following the primary, Balderas’ withdrawal creates a vacancy it is legally entitled to fill.

Gonzales ran against Balderas two years ago and lost. He said he chose not to run earlier this year because Balderas has been a good state representative, but wants to run now because the voters, not governor, should pick the area’s representative.

“We were surprised that he all of a sudden left,” Gonzales said of Balderas. “I wish him the best of luck.”

Armijo announced that he would drop out of the race in late August because of allegations that he made unwanted sexual advances toward a campaign volunteer. Though he claims the allegations are false, Richardson pressured him to drop out.

Armijo changed his mind before last week’s deadline to officially withdraw and announced he would not file the signed, notarized withdrawal letter that had typically been required by the secretary of state’s office. The governor’s office and Democratic Party argued that Armijo’s prior public statements and actions constituted a withdrawal, and the secretary of state took his name off the ballot.

The party placed Balderas on the ballot. Armijo and the party sued each other to try to resolve the dispute. Before a judge could decide, Armijo announced Wednesday that he would give up his fight.