NM-03: Wiviott Files Suit Challenging Ballot Access Law; Asks Dem Field to Join Him

The Don Wiviott for Congress campaign issued the following statement today:

Santa Fe, NM – With speculation mounting that a new ballot access law will prevent New Mexico from having full and fair elections this November, Don Wiviott Thursday called on the entire field of Democratic candidates to join him in fighting for a more open political process this primary season.  Home builder Wiviott is a Democratic candidate for CD-03, the congressional seat being vacated by Rep. Tom Udall.

Wiviott specifically took aim at House Bill 1156, which was signed into law last year. The bill severely limits the number of candidates that political parties can place on their primary ballots. Under the new law, parties can only place on their ballots those candidates that receive at least 20 percent of delegates at a pre-primary convention.  Under prior law, candidates were able to obtain access to the ballot by submitting additional nominating petitions from registered voters.

“This law runs contrary to the values of New Mexico and the Democratic party,” said Wiviott.  “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. There is no reason for such severe limits. 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.”

As Wiviott noted, the new 20 percent threshold may have unintended consequences for the Democratic Party this Fall.  In races like the 3rd Congressional district where multiple candidates have announced their intention to run, a 20 percent threshold may be impossible for anyone to meet.  With so many candidates in the race, Democrats face the very real possibility that the delegate vote will be split so many ways that no candidate receives 20 percent.  Should that happen, the law has no provisions for review or appeal. Democrats would simply be left without a candidate on the primary and general election ballots in November.

“Without serious revisions in the law, we might see a scenario where Congressman Udall’s seat is simply handed to Republicans in November,” said Wiviott.  “We need a member of Congress who will fight for affordable health care and to end the War in Iraq , but under that scenario, New Mexico would lose its progressive voice in Washington.”

Wiviott continued, “This is really a civil rights issue.  Minorities -- especially Native Americans -- will find it tougher to get on the ballot throughout New Mexico under this new system.  That’s unacceptable.  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 added, “As I’ve met with the Democrats who will decide who gets on the ballot under this new system, I’ve been getting a very positive reaction so I expect to get on the ballot if this lawsuit fails.  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.”

In order to open up the political process to everyone and ensure New Mexico voters have a choice this November, Wiviott said Thursday he has filed a suit in the First Judicial District Court in Santa Fe to challenge HB 1156 and the restrictions it places on ballot access and on voter choice.  Wiviott said he hoped the entire field of Democratic candidates would join him in fighting the law.

“If there is one thing all Democratic candidates can agree on, it is that the Democratic primary should be open and fair,” said Wiviott. “Anyone who wants to participate should be able to compete.”

Wiviott said Thursday he has retained an attorney to oversee the suit and is awaiting word from other candidates about whether or not they will join his effort.

To see our previous coverage of the 2008 NM-03 Congressional race, visit our archive.