Wiviott challenges new ballot-access law in court

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 New Mexico and the Democratic party,” Wiviott said in a news release announcing the lawsuit. “Instead of giving primary voters the opportunity to hear and select from the full chorus of voices in the Democratic Party, it seeks to limit access to the ballot to a well-connected few. … Elections ought to be a contest of ideas, and open and fair to everyone. We shouldn’t seek to restrict debate or cut some out of the process.”

You can read the lawsuit, which was filed today in the First Judicial District Court in Santa Fe, by clicking here.

Wiviott, a Santa Fe green builder, has already committed $325,000 of his own money to the race and said he will spend what it takes to win. But he must first get on the ballot at the spring preprimary convention, and powerful House Speaker Ben Luján has been working hard to keep other candidates off the ballot and clear the way for his son Ben R. Luján, another Democrat running for the seat being vacated by Tom Udall.

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 U.S. congressional races only, the lawsuit states that it irrationally discriminates between those and other offices. Because of that, the lawsuit claims that the rule “impairs fundamental or significant protected rights of both the electors and candidates and constitutes a violation of substantive due process and equal protection” under state and federal law.

• 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 Albuquerque attorney Stephanie Landry, asks for an expedited ruling because the preprimary convention is rapidly approaching. There is precedent in Connecticut for overturning a similar rule in that state. Read about it by clicking here.

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 New Mexico under this new system.”

“That’s unacceptable,” Wiviott said. “New Mexico is about fostering diversity, and this new ballot system will limit diversity and make it harder for some minorities to get on the ballot. That doesn’t reflect our values.”

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 Northern New Mexico congressional seat to join the lawsuit. So far, none have.

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.