Independent Congressional Candidate in Special New Mexico Election Files Ballot Access Lawsuit

On January 13, J. Edward Hollington, an independent candidate for the upcoming special U.S. House election in New Mexico, filed a lawsuit in state court against the short time period allowed for him to collect the needed 6,426 signatures. Hollington v Toulouse Oliver, Bernalillo Co., 2nd jud. dist., D-202-cv-2021-00252. The lawsuit also challenges the number of signatures. The time period is now unknown, but will be between 21 and 35 days.

The seat will soon be empty because Congressmember Deb Haaland will soon resign to become Secretary of the Interior.

There are favorable precedents from Alabama, Georgia, Illinois, Maryland, Montana, and Utah, that in special elections, when the petitioning period is much shorter than usual, the ballot access petition requirements must be eased.


Comments

Independent Congressional Candidate in Special New Mexico Election Files Ballot Access Lawsuit — 12 Comments

  1. You forgot about West Virginia, summer 2010 after Senator Byrd died at the end of June and the special election was tacked onto the 2010 November general. I only had July and part of August to collect a reduced signature requirement. IIRC, it was 1/3 of the standard 1% previous statewide vote number.

  2. Algebra/math fans —

    Reg sigs / reg days x short days = short sigs.

    BUT should be candidate/incumbent replacement list.

  3. OK, Thomas, I’m bored, so I’ll humble you. In West Virginia, petitioning can begin the day after the most recent election for a particular office and signatures are due on or about August 1 for a November general election. Senator Byrd last ran in the general election on November 7, 2006 where the vote total was 459,884 = 4,599 signatures required. Had he lived, he would have been up for re-election in November 2012 of which August 1 fell on a Wednesday. So we’re looking at 24 days in November ’06, 31 days of December ’06, 365 days for 2007, 366 days for 2008 (leap year), 365 days for 2009, 365 days for 2010, 365 days for 2011, 31 days for January ’12, 29 for Feb ’12 (leap year), 31 days for March, 30 days for April, 31 days for May, 30 days for June, 31 days for July = 2094 days. 4599/2094 = 2.196 signatures/day. Byrd died on June 28, 2010 and IIRC, the filing deadline was extended to August 31 = 62 days. That’s only 136 signatures by your math which would have been nice, but the WVSOS and legislature are not nice. I think I had to turn in 1/3 of the requirement which was 1533 or about 25 signatures per day and was pumping out close to 100 to compensate for invalid ones and weather and transportation delays. Plus, I simultaneously was collecting the same number of signatures to waive the $1800 filing fee which slowed down the first part a little bit.

  4. CO-
    same as for all other candidates/incumbents —

    Names/addresses on a list — with or without party labels.

  5. But Demo Rep, independents by their very nature may have nothing to do with one another. How could they possibly HAVE a replacement list?

  6. NO such thing as *independent* in 2021 legis bodies–

    MORE/ LESS control freak statism — for 6,000 plus years.

    See *independents* Sanders and King in USA Senate.

    NONPARTISAN execs/judics.

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