ACLU Asks for Rehearing in New Mexico Libertarian Ballot Access Case

On November 21, the national Voting Rights project of the American Civil Liberties Union asked all active judges in the 10th circuit to rehear Libertarian Party of New Mexico v Vigil-Giron. The issue for the 10th circuit is a technical one involving court procedure. The U.S. District Court had refused to allow evidence to be presented, and the three judges on the 10th circuit had then said that the US District Court’s action was permitted, because an ACLU document describing what evidence it wanted to establish was too short (it was five pages long).

The underlying issue in the case is whether it is constitutional for New Mexico to require one petition to qualify the party, and then, after the party is qualified and nominates its candidates by convention, whether each nominee must then get his or her own separate petition. The original case had pointed out that it would be absurd to expect someone who wins a major party primary to then circulate a petition to be on the November ballot.


Comments

ACLU Asks for Rehearing in New Mexico Libertarian Ballot Access Case — 2 Comments

  1. We’re very gratified to see that the ACLU and Libertarian Party is further pursuing this issue and as a party are cosidering weighing in, as this ridiculously discriminatory law greatly affects our candidate’s abilities to participate in the electoral process as well.
    This of course, is entirely the intent of the law, as designed by the Republican and Democratic parties who are responsible for its creation.
    The technicality referred to in the 10th circuit ruling is one issue, but Demo Rep points to the greater problem. Why should separate NOT be equal? Why should minor parties be effectively repressed by laws MADE BY major parties that have the effect of keeping alternative platforms and voices from participating in our “democracy.” (I question whether we still have this, and can probably speak for many in the party on this comfortably).

    Look at what Nader and Romanelli are experiencing, documented well by Mr. Winger on this site.
    Then also look at what the Russian system is experiencing vis a vis minor parties, also documented here (thank you Mr. Winger)
    The similarities are striking and points to Russia continuing to move closer to a “U.S. style democracy” every day.

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