Strange New Mexico Law Gets Liberal Interpretation from Democratic Party, but Restrictive Interpretation from Republican Party

New Mexico has a unique election law, 1-1-20. It is “Major Fractions. In any place in the Election Code requiring counting or computing of numbers, any fraction or decimal greater than one-half of a whole number shall be counted as a whole number.” This law seems to have been passed in 1978.

Suddenly, the law has assumed importance. New Mexico laws also say that qualified major parties hold endorsement conventions. Any candidate who has the support of at least 20% of the delegates is granted an easier path to the primary election ballot. All major party members seeking a place on a primary ballot need a petition, but candidates without 20% of the delegates need a tougher petition. The petitions are due near the end of March.

Adam Kokesh, a Republican who supports Ron Paul’s ideas, is running for U.S. House in the 3rd district. He only got 19.6% of the convention vote at the recent Republican endorsements convention, and the party says he didn’t meet the threshold for easier access to the primary ballot. But a Democratic Party member running for Lieutenant Governor, Joe Campos, who also got over 19.5% of his party’s convention vote but under 20%, is being treated by the Democratic Party as someone who got 20%, due to the rounding law. See this story. Thanks to Rick Hasen for the link.

Illinois Democratic Party Soon to Choose a Lieutenant Governor Nominee

The February 2010 Illinois primary produced a Democratic Party winner for Lieutenant Governor, but he resigned a few days after the primary. State law gives the party the ability to choose a replacement nominee. This interesting Illinois newspaper story says that 200 individuals have applied, and that the party, not the incumbent Democratic Governor who is running for re-election, has the power to choose the new nominee. This is so, even though in Illinois, the Governor and the Lieutenant Governor run as a team in November, and voters vote for them as a package, similar to President and Vice-President.

American Independent Party Primary Contests Will Influence Relationship with Constitution Party

The American Independent Party will have primary contests on June 8, 2010, between candidates who do not want the AIP to be allied with the national Constitution Party, and candidates who are loyal to the national Constitution Party.

The statewide candidates for the anti-Constitution Party group are: Ed Noonan, U.S. Senator; Markham Robinson, Governor; an unknown individual for Lieutenant Governor; Lawrence Beliz for Controller.

The statewide candidates for the pro-Constitution Party group are: Don Grundmann, U.S. Senator; Chelene Nightingale, Governor; Jim King, Lieutenant Governor; Merton Short, Secretary of State; Nathan Johnson, Controller; Diane Templin, Attorney General; Clay Pedersen, Insurance Commissioner.

Robert Lauten is the only candidate for State Treasurer, and it is not clear which side he is on.

The anti-Constitution Party group webpage, www.aipca.org, does not yet list any candidates. The pro-Constitution Party group webpage, www.aipcalif.blogspot.com, does list its candidates. Besides the statewide candidates, it lists six for U.S. House (plus a seventh who is listed as a write-in candidate), 2 for Board of Equalization, one for State Senate, and one for Assembly.

The internal rules for the American Independent Party are contained in the California Election Code. The rules say that all the party’s nominees for partisan office, except Insurance Commissioner, are automatically members of the State Central Committee of the party. In addition, nominees may appoint several other members of that Committee. Therefore, the identity of the primary winners not only determines who the party’s nominees will be, but influence who sits on the party’s governing body.

The California Secretary of State will not release the names of primary candidates until April 1, but it is possible for anyone to check with various counties to see which candidates have filed. Each candidate must have filed in his or her home county no later than March 12 (except that if the incumbent didn’t file, the deadline is March 17).

New York Special State Senate Results

On March 16, New York held a special election to fill the vacant State Senate seat, 13th district. The vote: Jose Peralta, Democrat, 65%; Hiram Monserrate, independent, 27%; Robert Beltrami, Republican, 7%.

In November 2008, only one candidate had been on the ballot, Hiram Monserrate. Earlier this year, the New York State Senate expelled Monserrate, which is the reason the special election was required. Monserrate ran for his old seat as an independent, using the ballot label, “Yes We Can.”