By Doug Mattson | The New Mexican
1/3/2008 - 1/4/08
A new state law that makes it harder for candidates to get on the primary ballot faces challenges on two fronts.
Santa Fe developer Don Wiviott, who is seeking the Democratic nomination in the 3rd Congressional District, filed a lawsuit Thursday in state District Court to overturn the law, which he says hurts both political newcomers and voters.
Meanwhile, state Rep. Jose Campos, D-Santa Rosa, said Thursday that he will introduce a bill that would largely restore the law to the way it was before it was changed last session, but with some modifications.
Last year, a bill that caught little attention limited a spot on the primary ballot to candidates who get at least 20 percent of the delegate vote at the state convention. It also removed a provision that let candidates get on the ballot through a signature petition.
Wiviott said the change limits ballot access 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."
Wiviott, who declined to say whom he meant by a "well-connected few," said he remains confident of gaining at least 20 percent of the delegate vote.
In a news release, he called on other candidates to join his cause. One of them, Rudy Martín, a lawyer who lives in Dixon, said he might sign onto Wiviott's lawsuit. He said the new law favors congressional candidate Ben Ray Luján, the Public Regulation Commission member who is considered the race's front-runner, and was "orchestrated" by Luján's father, House Speaker Ben Luján.
"I don't think Ben Ray is qualified to be in Congress," Martín said. "I know daddy is working really hard to get him up there. It would be sad to get him up there, where he would be a one-termer and learn he can't play ball with the big boys."
Speaker Luján said in response that the law passed the House and Senate unanimously, and well before U.S. Sen. Pete Domenici, a Republican, announced he was retiring, the event that has set off a flurry of candidacies in each of New Mexico's three congressional districts. "That's very unfortunate Mr. Martín would say that," Luján said. "Mr. Martín should get informed with the process, No. 1, and make himself responsible for checking the facts."
The speaker said he has concerns about the new law and doesn't think it was discussed sufficiently last session. But he said any change in the upcoming 30-day session faces harrowing prospects because it would need two-thirds passage in both houses and the governor's blessing to become law in time to affect the current nomination process.
Rep. Campos, who chairs the House Voters and Elections Committee, where former Chairman Edward Sandoval, D-Albuquerque, introduced the measure last year, said the intent was to limit the primary field to "serious" candidates. At the time, he said, he knew of no recent instances in which a serious candidate had trouble getting on the ballot by delegate vote. Afterward, he said, someone reminded him of U.S. Rep. Tom Udall's experience. Udall, who is running for Domenici's seat, got exactly the number of delegates he needed to make the Democratic primary ballot in 1998.
When the Legislature returns Jan. 15, Campos plans to introduce a bill that would bring back the petition option but require candidates to get signatures from each county in a given congressional district.
"It gets you back to the rural areas shaking hands and learning what the issues are and not just the metropolitan areas," Campos said. Previously, he said, "All a person had to do was hire a firm and sit out in front of a Wal-Mart and get all the signatures they need."
Campos acknowledged firms could likewise go to each county in search of signatures but said that would turn off rural voters.
Santa Fe Democratic activist Gideon Elliott said he and others recently met with Campos hoping he would seek to change the law. "Jose feels very strongly about the fact that the party bosses have been empowered, and getting to the ballot by an alternate route was an issue of concern," Elliott said.
Campos' brother, Santa Fe County Vice Chairman Ricardo Campos, said he also was at the meeting.
Both Wiviott and Martín, upon learning of Rep. Campos' proposed bill, said they would prefer the law be changed legislatively. "If Ben will do that and it will cure the situation we have now, it will be wonderful," Martín said. "I don't think it will happen."
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