Third Congressional District candidate Don Wiviott, a Democrat, is suing the state in an attempt to overturn a law approved by the Legislator and governor last year that makes is more difficult for some 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.
The change makes is harder for candidates like Wiviott, who aren’t part of the established political system, to get on the ballot, and also creates the possibility that, if no candidate receives 20 percent at the preprimary, the party won’t place a candidate on the ballot.
“This law runs contrary to the values of
You can read the lawsuit, which was filed today in the First Judicial District Court in
Wiviott, a
The basis for the lawsuit
Wiviott argues that the new law is unconstitutional for several reasons:
• Because the 20-percent rule applies to statewide and
• The rule is “unduly burdensome” and violates voters’ and candidates’ rights of association and political expression, the lawsuit claims, “without advancing any legitimate or important state interest.”
• The U.S. Constitution states that one qualification for access to a federal ballot is meeting the same qualifications that are laid out for access to a state legislative ballot. Because state legislative candidates aren’t subject to the 20-percent rule, therefore, candidates for Congress also can’t be subject to the rule, the lawsuit states.
The lawsuit, filed by
In addition to creating the possibility that a party might place no candidate on the ballot, Wiviott said the law could discriminate against minorities, and especially American Indians, saying they will “find it tougher to get on the ballot throughout
“That’s unacceptable,” Wiviott said. “
Wiviott says he’s confident he’ll get on ballot
Wiviott said his meetings with Democrats make him confident he will secure 20 percent of the vote and get on the ballot regardless of the outcome of the lawsuit, “but I got involved in this race to promote certain ideals, such as diversity and civil rights. I’m filing this lawsuit because this new voting system fails those ideals.”
Wiviott said he has asked the other Democrats running for the
Besides Wiviott and Luján, the other Democrats who have declared their candidacies are attorney Jon Adams, Santa Fe County Commissioner Harry Montoya and former state Indian Affairs Cabinet Secretary Benny Shendo Jr. The only declared Republican is attorney Marco E. Gonzales.
I’ve already written that I think the new law unnecessarily restricts ballot access. If you care, you can read my opinion by clicking here.