State officials say Armijo is off the ballot, but a lawsuit could be the next step

Democrat Jeff Armijo recanted today an earlier pledge to withdraw from the race for state auditor, but state officials say it’s too late.

Secretary of State Rebecca Vigil-Giron announced late Tuesday that, though Armijo refused to file a formal letter announcing his withdrawal, she considered a news release he put out on Aug. 29 announcing his departure an official notice, according to the Associated Press.

“I accepted that withdrawal and the Democratic Party central committee has already been notified they will be meeting to select a candidate,” Vigil-Giron told the Associated Press. “He is not on the ballot.”

We’ll see. Armijo could sue. So could the Republican Party. The disarray this situation has created in the Democratic Party must be a dream come true for them and their auditor candidate, Lorenzo Garcia.

Here’s how this played out:

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.

A day before the meeting, Armijo pledged to stay in the race and said he would not meet with the governor to discuss a possible withdrawal.

But he did meet with the governor. In announcing his withdrawal afterward, Armijo stated in the news release that “Governor Richardson has convinced me that I must leave the race for state auditor.” His choice of words led some to believe he was not happy with the move.

Regardless, the news release prompted the Democratic Party to issue a call for nominations. It set a state central committee meeting for Saturday to place a candidate on the ballot. State Rep. Hector Balderas of Wagon Mound announced he would seek the nomination.

Talk of Armijo changing his mind was quiet until Tuesday morning, when Joe Monahan reported that Armijo might be having second thoughts.

Early Tuesday afternoon, Armijo put out a statement to some media in the Albuquerque area that he would hold a press conference at 4:45 p.m. to announce he was staying in the race. The Democratic Party argued that it was too late.

The argument is that, as soon as Armijo publicly announced he was withdrawing, he prompted his party to act in its capacity as a representative of the secretary of state and issue a formal call for nominations to replace Armijo on the ballot.

Democratic Party Chair John Wertheim issued a news release at 4:11 p.m. Tuesday stating that he was “personally disappointed that Jeff has gone back on his word,” adding that, “officially, he is welcome to go before our State Central Committee on September 9th just like the other candidates vying to fill this vacancy, and attempt to get his name back on the ballot.”

At 4:58 p.m., the governor’s office put out a statement.

“The Governor is very disappointed that Mr. Armijo is attempting to go back on his word and selfishly put himself before the Democratic Party,” said Gilbert Gallegos, a Richardson spokesman. “The Governor agrees with the legal position of the Democratic Party chairman, who is moving forward and asking the state central committee to select a replacement candidate who is responsible and committed to running a campaign based on the highest ethical standards.”

Just before 5 p.m., the governor’s office faxed Armijo’s news release and the call for nominations to the secretary of state, who took Armijo’s name off the ballot.

Sam Thompson, spokeswoman for Attorney General Patricia Madrid, said her office reviewed the decision and concurs. State law does not specify that a formal letter is required for withdrawal.

“We believe at this point this is a matter between the candidate and his party,” Thompson said.

Armijo could not be reached for comment.

At his news conference, Armijo said he decided to stay in the race to keep a promise to supporters, according to the Associated Press. He said he had received hundreds of calls and e-mails urging him to remain in the race.

“If that makes a select few politicians nervous, so be it,” the Associated Press quoted him as saying.

He also said the allegations against him are false and he is “the victim of a horrible political scheme.”