New Mexico Supreme Court Won’t Rehear Constitution Party Lawsuit over Disqualification

On January 9, the New Mexico Supreme refused to reconsider Constitution Party of New Mexico v Duran, 34431. The issue is how to interpret section 1-7-2(c) of the election code, and whether a party that submits a petition gets one or two elections. A side issue was that the law, since 2011, requires parties to be notified no later than March of an odd year, if the party is being removed from the ballot. In 2013, the Secretary of State didn’t notify the Constitution Party officers until July that it was being removed, and didn’t notify the party’s registered members until November.

Because the New Mexico Supreme Court merely refused to hear the case, and expressed no opinion, it would be possible for the Constitution Party to re-file in lower state court, or conceivably even federal court. The Green Party is in a similar situation and it could also plausibly sue.


Comments

New Mexico Supreme Court Won’t Rehear Constitution Party Lawsuit over Disqualification — No Comments

  1. I have the vibe that the CPNM is going to be off the ballot for a long time :/

    Guess they’ll have to run for office under the IAP banner this year instead.

  2. Cody, who is the current state chair of the ballot-qualified Independent American Party of New Mexico?

  3. I have the vibe that the CPNM is going to be off the ballot for some time.

    At least CP’ers can still run under the IAP this year, on the plus side.

  4. Cody & Richard: On April 24, 2014, then CPNM Chairman Jon Barrie and I turned in 5,700 of the 3,006 required signatures to re-certify our Party for the 2014 General Election. We received the official certification on April 25, 2014. At our State Convention in Albuquerque on April 26th we nominated Michael Lunnon for McKinley County Sheriff under the Constitution Party banner for the November Election in that County. We also elected a new Chairman (myself) and re-elected Heather Baldwin and Charleen Bishop as Secretary and Treasurer respectively. As Chairman, I appointed James Clayton as my Vice-Chairman.

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