E-mail Story
Print Friendly
Thursday, June 11, 2009
UPDATED: Federal Judge Dismisses New Mexico Voter Intimidation Suit
Associated Press
American Civil Liberties Union attorneys in Albuquerque said they are rethinking their pursuit of a lawsuit that alleges voter intimidation after a federal judge quietly dismissed a similar suit.
U.S. District Judge William Johnson dismissed a lawsuit April 30 that complained of voter intimidation, writing that the plaintiffs failed to establish imminent harm and their claim that they were prevented from voting is moot since the election is over.
That suit, filed by the Mexican American Legal Defense and Education Fund before the 2008 election, alleged Albuquerque attorney Pat Rogers and private investigator Al Romero had intimidated two newly registered Hispanic voters by publicizing their identities ahead of Election Day.
Rogers on Wednesday called MALDEF's lawsuit frivolous.
"They obtained the publicity that they desired," he said.
Nina Perales, an attorney for MALDEF, said the court did not to address whether the defendants' actions were illegal, but even so the case sent the message that voter intimidation will not be tolerated.
"The voters in this case stepped forward and challenged the intimidation and the threats and that sends a very powerful message to anybody who is thinking about intimidating voters: that they will have to answer to a federal judge," Perales said.
The ACLU lawsuit, filed in state court, involves similar complaints of voter intimidation ahead of the November general election and also names Romero among the defendants.
ACLU staff attorney George Bach said Wednesday the organization's attorneys would make a decision within weeks on whether Johnson's opinion would have a bearing on their case.
Copyright ©2009 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
You also can send comments via our comment form
|
|
