Ruling allows City Council candidates Telles, Garcia to remain on the ballot

Two Albuquerque City Council candidates will remain on the Nov. 4 ballot following a judge’s ruling that led to the dismissal of two lawsuits against them, attorneys involved in the cases said Tuesday.

The lawsuits alleged that District 1 candidate Stephanie Telles and District 3 candidate Teresa Garcia failed to submit the 500 valid petition signatures required to qualify for the ballot.

Both 2nd Judicial District Court lawsuits were filed Sept. 2 by former state Sen. Jacob Candelaria and Sen. Antonio “Moe” Maestas, attorneys with Candelaria Law LLC.

A key issue in both suits centered on whether signatures are valid if they are submitted after the city’s July 7 deadline but prior to an Aug. 26 deadline set by the Bernalillo County Clerk’s Office.

Judge Joshua Allison ruled in favor of the candidates at a hearing Friday.

Candelaria said he plans to appeal the ruling to the New Mexico Supreme Court but that both Telles and Garcia will remain on the ballot.

“The ballot has to be sent to the printer today,” Candelaria said Tuesday. “As a practical matter, any appeal to the Supreme Court will not result in these candidates being removed from the ballot.”

One lawsuit alleged that Telles failed to qualify in a four-way race for an open District 1 council seat. District 1 Councilor Louie Sanchez is vacating his post to run for mayor, leaving his West Side seat open.

Telles submitted 581 signatures, but the City Clerk’s Office accepted only 493 as valid, leaving her seven signatures short to qualify for the ballot, the suit alleged.

Allison dismissed the suit against Telles after finding that signatures she submitted after the city’s July 7 were valid under state election laws.

The judge found that Telles has submitted 503 valid signatures, said Telles’ attorney, David Ring.

“Ms. Telles made it by three signatures — she got 503,” Ring said.

Following Allison’s ruling in the Telles case, Candelaria and Maestas voluntarily withdrew their lawsuit against Garcia, who also submitted signatures after the July 7 deadline, Candelaria said.

Ring argued in a motion state election law gives candidates 70 days — until Aug. 26 — to submit nominating petitions.

The city’s July 7 deadline “amounts to an unlawful attempt to abridge state law,” Ring said in the motion. “It limits the right of voters to participate in the candidate nomination process and of candidates to run for office.”