Restricting ballot access may come back to bite Dems

Ballot access is important for a healthy democracy. Voters can’t make choices they don’t have.

In New Mexico, the leaders of the Democratic Party, which has controlled most of state government for some seven decades, haven’t exactly been champions for ballot access. Now that threatens to come back to bite them in a big way.

The most recent move to restrict ballot access, approved by the Legislature and governor earlier this year, made it more difficult for many major-party candidates to get on the ballot.

Under the previous law, Democrats and Republicans could get on the ballot by receiving the votes of 20 percent of delegates at their party’s preprimary nominating convention or, if they failed to do that, by submitting petitions containing enough signatures to qualify. The change got rid of the second provision, and was designed to increase the power of those who control the major parties.

Of 10 states that hold preprimary nominating conventions, New Mexico is now the only state that doesn’t offer an alternate path to the ballot.

The problem for Democrats and Republicans comes if no hopeful gets 20 percent at the convention, because there’s no other provision for placing a candidate on the ballot. There are at least eight Democrats currently running or seriously considering running to replace U.S. Rep. Tom Udall, who is vying for the Senate seat being vacated by Pete Domenici. Several Democrats could split the vote and all fail to reach 20 percent, leaving Democrats with no way to place a candidate on the ballot.

The situation has Democrats worried and discussing a possible legislative fix in January. Gov. Bill Richardson must agree to put the issue on the agenda for the 30-day session.

The new rule was approved unanimously by lawmakers, tucked quietly this year into a bill that made a number of other, more high-profile changes to the election code. Many didn’t notice the provision when they voted. The change was a greedy attempt by some legislative leaders to grab more power, and the Democratic Party deserves no sympathy for the potential predicament that has resulted.

Democrats on a House committee killed another bill during this year’s session that would have made it easier for minor-party candidates to get on the ballot. Under current state law, minor-party candidates have to gather a number of signatures to run, in addition to the separate petitions their parties must file, so there’s an additional hurdle major-party candidates don’t face.

New Mexico’s law, though unfair, has been upheld in federal court. The legislation that was killed would have eliminated the requirement of two petitions for minor-party candidates to get on the ballot.

In voting against it, House Speaker Ben Lujan, D-Nambé, said people who want an easier path to the ballot should register as Democrats or Republicans. Following serious challenges in the 1990s from the Green Party, the most powerful legislator in the state obviously wanted to ensure continued Democratic control of the state by restricting ballot access.

Lujan’s son will likely be among the Democrats vying to replace Udall. It sure would be ironic if the new law stood and he didn’t receive enough support to get on the ballot, though his father’s power all but ensures he will.

A version of this article was published today in the Albuquerque Tribune. I write a column for the newspaper that runs on the second and fourth Wednesdays of each month. It was also published today on the Diary of a Mad Voter blog published by both the Denver Post’s Politics West and the independent Web site NewWest.net.