Kerry Judge Blocks Nader Ballot in New Mexico

ALBUQUERQUE, N.M. - A state judge Friday blocked Ralph Nader from appearing on the November general
election ballot as an independent candidate for president.

District Judge Wendy York ruled that Nader didn't qualify as an independent candidate in New Mexico because he was running as the nominee for minor parties in other states, including the Reform Party.

The state Democratic Party had challenged Nader's candidacy, contending that he wasn't eligible to run as an independent in New Mexico. The party also claimed his nominating petitions lacked enough valid signatures of registered voters.

State elections law defines an independent as someone not affiliated with a political party.

Both major parties consider New Mexico a key battleground state. Al Gore won the state in 2000 by just 366 votes, the smallest margin in the nation.

Nader will appeal the judge's ruling. One option is to ask the state Supreme Court to quickly take up the case.

"We're going to appeal. It's an absurd decision that really threatens the third party movement," said Kevin Zeese, a spokesman for Nader's campaign.

Zeese, like Nader's lawyer during an earlier court hearing, pointed out that New Mexico and other states have long allowed candidates to run as independents even if they were on the ballot in other states as the nominee of a minor political party.

In the 1980 election, for example, Illinois Republican congressman John Anderson appeared on some state ballots as an independent _ including in New Mexico but in other states was the candidate of the Liberal, National Unity, Independent Republican and Anderson Coalition parties, according to Richard Winger, who runs Ballot Access News, a California-based elections Newsletter.

The judge outlined her decision in a two-page memo sent to lawyers. A formal order would be prepared Monday.

Democrats used a similar legal argument in Pennsylvania to bar Nader from running as an independent there, and Nader is appealing the court ruling.

Democrats contend that Nader could siphon off votes that otherwise might go in favor of John Kerry.

However, Democrat Al Gore carried New Mexico four years ago _ by 366 votes _ despite having Nader on the ballot.

Nader was the Green Party nominee in 2000, winning 21,251 votes or nearly 4 percent of the total ballots cast in the presidential race in New Mexico.

Under New Mexico law, York said, the only way a presidential candidate can be considered an independent is if he "is a candidate without party affiliation for an office to be voted on at a general election."

"Mr. Nader does not argue that he is without party affiliation but, rather, argues that the statute should be read to say 'without party affiliation in New Mexico,'" the judge wrote.

The legal challenge to Nader's candidacy was filed earlier this week in a lawsuit by the Democratic Party and brought on behalf of a group of voters, including the party's executive director.

Matt Farrauto, a spokesman for the party, said "New Mexico Democrats are gratified by the ruling today, which will allow us to refocus our energies on highlighting George Bush's failed record on health care, education and the economy."

The legal challenge to Nader came as election officials prepare for the start of absentee voting, which begins Oct. 5. State law calls for absentee ballots to be sent to voters overseas, mostly military personnel, starting Monday.

Secretary of State Rebecca Vigil-Giron said she would order the printing of ballots to resume immediately _ without Nader's name on them. She had halted printing after the lawsuit was filed. About 25,000 ballots _ for 10 of the state's 33 counties _ already had been printed and Nader appeared on those.

Vigil-Giron certified Nader's candidacy last week after his supporters filed petitions containing 31,400 signatures _ more than twice the required 14,527 signatures of registered voters.

The lawsuit contended that at least 19,170 of those signatures are invalid, including 10,852 names that don't appear on voter registration lists. Other reasons for challenges: 4,598 signatures were of people who were not on registration lists at the address on the petition and 2,580 were illegible or otherwise lacked needed information.

Nicole Conboy, the assistant to the Democrat Party's executive director, testified Friday that she supervised the party's review of Nader's petitions.

A group of about 30 workers examined each signature and checked them against a computerized statewide voter registration list to determine whether they were valid. The review took a week of round-the-clock work, she said. The party also had a political consulting firm in Michigan review Nader's petitions from Bernalillo and Dona Ana counties.

He has state District Judge Wendy York to thank for his return to the state's ballot, as he did for getting knocked off it.

York withdrew herself this morning from the case over Nader's candidacy in New Mexico. She also withdrew her Friday ruling that Nader couldn't be on the ballot as a presidential candidate.

York had donated $1,000 to Democratic presidential candidate John Kerry's campaign in April, prompting Republicans to ask for her removal from the case.

"I did not - and do not - believe my political participation made me unable to sit as a fair and impartial judge in this case," York wrote in a letter of recusal today. "That being said, it is critically important to me that the parties and the public have absolute confidence in this court and in the fairness of the upcoming election."

York ruled Friday that Nader did not qualify as an independent candidate in New Mexico because he was running as the nominee for minor parties in other states, including the Reform Party.

"This is a great victory in the court of public opinion," said Carol Miller, New Mexico Nader campaign coordinator and Green Party activist. "We're back on the ballot as we always should have been."

Hanging in the balance today are about 1,000 ballots Bernalillo County Clerk Mary Herrera's office would like to send to voters overseas. Of those, 800 are military voters like Herrera's son, serving in Afghanistan. The New Mexico Secretary of State's Office did not have a tally statewide of how many such ballots were waiting to be sent.

"It makes me very nervous," Herrera said today. She said she has time to mail the ballots but is concerned they might not get back in time for the election.

Likewise, the Secretary of State's Office is waiting for legal maneuvers to end. "Right now I'm sitting on my hands," said Denise Lamb, director of the Bureau of Elections at the Secretary of State's Office.

But Sen. Rod Adair, a Roswell Republican who had called for York to be removed from the case, said Secretary of State Rebecca Vigil-Giron needs to get moving on those military ballots which, as of today, have Nader's name on them.

"She knows what the right thing to do is. She should mail them," Adair said. "The Secretary of State's Office should stop playing games with the servicemen and women of New Mexico."

The case against Nader was filed by the New Mexico Democratic Party, which argued he wasn't eligible to run as an independent in New Mexico. The party also claimed his nominating petitions lacked enough valid signatures of registered voters.

York had ruled that, under New Mexico law, a presidential candidate only can be considered an independent if the candidate does not have party affiliation for an office to be voted on in a general election. York rejected the challenge to the 31,400 signatures submitted by Nader's campaign.

Today Democratic Party spokesman Matt Farrauto criticized the Republican Party for calling for York's removal from the case and for supporting Nader's position on the ballot.

"We've got to boil this down to what it really is. It's a continuation of the Republican smear campaign," Farrauto said. "The Republicans are cowards, scared of their own record, intent on smearing anyone and everyone without regard to cost."

It remains to be seen whether the Greens and Republicans defending Nader's candidacy will tolerate Baca's role in the case.

According to documents from the Federal Election commission, Baca in January donated $250 to the Democratic Senatorial Campaign Committee.

For her part, Miller had advice for the Democrats today: Forget Nader, and focus on your own presidential
candidate.

She said her group has an appeal to the state Supreme Court ready if there is another district court ruling against Nader.

"It is ready to go, but we don't want to use it," Miller said. "We feel we qualified for the ballot. The people have spoken."

Judge Wendy York backpedaled on her ruling about Nader being on the New Mexico State Presidential ballot due to the public outcry about her conflict of interest. Judge York also recused herself from this matter. A new, supposedly impartial, judge made a ruling that matches Judge York's previous one on the Nader matter. So, Nader is off the ballot again. Kerrywaffles has uncovered that the new judge is also a Kerry operative with a severe conflict of interest in this ruling. Below is what we've uncovered and a news article on what occurred. Once again, John Kerry and his New Mexico cronies have pulled a fast one and are disenfranchising voters of my State.

Nader back off the ballot – again
Last Update: 09/21/2004 10:12:50 AM
By: Reed Upton

Less than eight hours after a judge put aside her order removing Independent Ralph Nader from the New Mexico ballot, a second judge has pulled him off again.

It’s the third development in the New Mexico ballot battle in 72 hours. Friday, Bernalillo County District Court Judge Wendy York ruled Nader could not appear on the ballot because under New Mexico law, Nader cannot run as an independent candidate here while running under political parties such as the Reform Party in other states.

Over the weekend, Nader organizers and Republicans questioned York’s decision in light of revelations that York donated $1,000 to Democrat John Kerry’s presidential campaign. One Republican, Roswell Senator Rod Adair, called for York’s resignation.

In a surprise announcement Monday morning, York rescinded her decision pulling Kerry from the ballot and removed herself from the case.

Monday afternoon, a new judge, Bernalillo County District Judge Theresa Baca, reheard the case and ruled as York had: that Nader was ineligible to appear as an Independent on the New Mexico ballot because he’s running as a candidate of the Reform Party in other states.

Following the hearing, it was learned that Baca has made donations to the Democratic Senatorial Campaign Committee, although not directly to the Kerry campaign.

FROM OPENSECRETS.ORG
YORK, WENDY E MS STATE JUDGE
ALBUQUERQUE,NM 87107
4/14/2004
$1,000
Kerry, John

Latest Update John Kerry's attempts to suppress Nader in New Mexico continue

"Once again, John Kerry and his New Mexico cronies have pulled a fast one and are disenfranchising voters of my State."

Cronies === Otherwise know as BIG BILL --- MONICA LEWINSKY'S EMPLOYMENT HEADHUNTER

The way they are treating Nader is appalling. It should be given more coverage. Never has there been an effort to ban someone from ballots like this in our country.

This is just so crooked. Democrat judged cannot be trusted to administer law. They only administer favors to their friends.

Shouldn't Kerry also be off the ballot by this reasoning; he's running as a Democrat-Farm-Labor party member in Minnesota. (Technically a different party.) He may also be running as a Liberal in New York.

I don't know why these 'rats think that keeping Nader off the ballot is going to give them votes.

If I were a Nader supporter, I'd be so ticked off at the 'rats for keeping my guy off the ballot that I either wouldn't vote, or I'd vote for Bush just to get back at them.

If this were the GOP trying to keep a conservative third party candidate off the ballot, the MSM would be raising all kinds of hell - you'd here all kinds of crap about dirty tricks, fewer choices, voter suppression, ballot access, etc.

9 posted on 09/23/2004 8:39:47 AM PDT by DesertDreamer ("We have a calling from beyond the stars to stand for freedom."~~President George W. Bush, 9/2/2004)

---Today Democratic Party spokesman Matt Farrauto criticized the Republican Party for calling for York's removal from the case and for supporting Nader's position on the ballot.

"We've got to boil this down to what it really is. It's a continuation of the Republican smear campaign," Farrauto said. "The Republicans are cowards, scared of their own record, intent on smearing anyone and everyone without regard to cost."---

What a nasty little man! But hey, they've got the ork vote locked up!

This decision should be reversed in the SC of NM for the same reason that a similar decision in Pa. (same grounds) was reversed yesterday in the SC of Pa. The Democrats are advancing a bullsh*t argument that the US SC has long since ruled is invalid.

Stupid and biased judges produce bad decisions. That's what appeals courts are there to correct.

Congressman Billybob

Latest column, "The Manifesto of Pukin Dog"

If you haven't already joined the anti-CFR effort, please click here.

Unfortunately, there's voter fraud already in the making, and his running wouldn't make any difference. I expect Kerry to win NM by a landslide, but only through voter fraud. Btw, thanks for the ping!

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