|
September 23, 2004
Nader Takes Appeal to Federal Court
By Barry Massey
The Associated Press
SANTA FE — A fight over Ralph Nader's presidential candidacy in New Mexico shifted to a federal court on Thursday.
Lawyers for Nader asked the U.S. District Court in Albuquerque to issue an order stopping state elections officials from printing and distributing ballots without Nader's name on them as an independent presidential candidate. The lawsuit also asks the court to order Nader and his running mate placed on the ballot.
"We're hoping for some relief from the federal court," said Carol Miller, a coordinator for Nader's campaign in New Mexico.
The lawsuit was filed in federal court a day after Nader appealed to the state Supreme Court to restore his name on the Nov. 2 general election ballot. The Supreme Court did not immediately issue an order to stop the mailing of absentee ballots to military personnel and other New Mexico voters living overseas.
Because the state's highest court didn't act, Miller said, the Nader campaign decided to go to federal court. The lawsuit was filed on behalf of three voters, including Marvin Gladstone, a former Green Party candidate for the Court of Appeals.
The lawsuit contends that a state court has wrongly blocked Nader from the ballot, violating the constitutional rights of voters who support his candidacy.
"Ballot access restrictions may interfere with the rights of plaintiffs to vote for the candidate of their choice," the lawsuit said. "The right to vote freely for the candidate of one's choice is the essence of a democratic society and our republic form of government and derives from the United States Constitution."
The Supreme Court — with a majority of its justices being replaced by other judges — will hear arguments in the Nader case on Sept. 28, a week before absentee voting begins across New Mexico.
A district judge knocked Nader off the ballot earlier this week and unless that ruling is overturned, it will be nearly impossible for a presidential candidate in the future to run as an independent in New Mexico, according to an appeal filed Wednesday by Nader's campaign.
"If the holding is not reversed by this court, and if it survives federal challenge, its adoption will radically change the nature of presidential elections in New Mexico, and will have nationwide effects," the appeal said.
District Judge Theresa Baca ruled Monday that Nader didn't qualify under state law as an independent candidate in New Mexico because he's running in other states as the nominee for minor parties, including the Reform Party.
Nader also asked the Supreme Court to stop elections officials from printing or mailing any ballots without his name on them, and to prohibit the secretary of state from destroying some previously printed ballots that listed him as an independent candidate.
The court did not issue such an order Wednesday and asked for written arguments from lawyers on that issue no later than Monday.
Bernalillo County Clerk Mary Herrera said she mailed out 241 federal ballots to county residents who are currently overseas Wednesday. An additional 850 ballots were mailed out to members of the military throughout the world on Thursday. Nader's name is not on the ballots.
The state Democratic Party organized the legal challenge to Nader's candidacy. Democrats worry that Nader will siphon off support from John Kerry, potentially giving Bush the edge in New Mexico.
Bush lost the state in 2000 by 366 votes. Nader ran as the Green Party nominee four years ago and received about 4 percent of the vote.
In the appeal, Nader's lawyer argued that the district judge wrongly interpreted New Mexico election law and said the ruling was unconstitutional.
State law defines an independent as someone who is not affiliated with a political party in New Mexico. However, the law doesn't cover an independent presidential candidate's activities outside of this state, the appeal said.
If the district court ruling remains in place, the appeal said, an independent could run for president in New Mexico only if the candidate ran without a party affiliation in other states.
"New Mexico elections are not dictated by the laws of other states, nor should they be," said Nader's appeal. "If the laws of our sister states dictate who can run on our ballots then surely our voters' civil rights and liberties have been infringed."
The fight over Nader's candidacy comes as New Mexico prepares for absentee voting, which begins statewide Oct. 5.
The legal challenge to Nader also has focused attention on the political activities of judges.
Baca's ruling came after District Judge Wendy York, who had blocked Nader from the ballot last week, withdrew her decision and recused herself amid criticism over a $1,000 contribution she had made to Kerry in April.
Three Supreme Court justices have disqualified themselves from the Nader case. Justices Edward Chavez and Richard Bosson are running in the general election to keep their jobs. Justice Pamela Minzner has a policy of not participating in cases that involve her husband's law firm. One of the firm's attorneys represent Democrats and others who brought the challenge against Nader.
Chief Justice Petra Maes named Court of Appeals Judges James Wechsler and Michael Bustamante and District Judge Thomas G. Fitch to hear the appeal. She and Justice Patricio Serna also will consider the case.
