April 16, 2021

Court throws out challenge of Libertarian congressional candidate

Joe Gratz

Flickr/cc

A New Mexico state district judge ruled on Thursday that a Libertarian candidate for Congress will remain on the ballot for the June 1 special election to fill a 1st Congressional District vacancy. 

Santa Fe judge Glenn Ellington ruled from the bench that claims challenging the validity of the Libertarian Party of New Mexico’s major party status were not sufficient enough to remove the party’s candidate from a special election ballot. 

Chris Manning is the state’s Libertarian Party nominee for the special congressional election to fill the vacant seat after former congresswoman Deb Halaand was confirmed as U.S. Secretary of Interior. Ginger Grider and James Clayton, both members of the Libertarian Party of New Mexico filed a legal challenge, arguing that the Libertarian Party should not have been granted major party status and that the party broke its own rules by nominating Manning.

Ellington ruled Grider and Clayton did not have standing to challenge the Libertarian Party’s major party status and that her claim that Manning was nominated against the party’s rules was not substantial enough to move the case forward. 

Grider and Clayton’s attorney, Blair Dunn, told NM Political Report that he plans to appeal Ellington’s ruling and accused the court of being steeped in partisan politics. 

“We’re concerned that the court system is continuing to prop up the party system and the denial of standing to members of the party, and denying them even the opportunity to present the evidence is part of why political parties have become such a problem in this country,” Dunn said. 

Dunn’s father Aubrey Dunn is also running for the 1st Congressional District seat, but as an independent candidate. Aubrey Dunn’s campaign ads position him as a candidate tired of partisan politics.

Dylan Lange, general counsel for the New Mexico Secretary of State’s office, praised the court’s decision in a statement on Thursday. 

“We are pleased that the Court’s ruling affirms that the Secretary of State’s Office appropriately followed the law,” Lange said. 

Manning also said he was pleased with Ellington’s decision and that he’s ready to move on and focus on his campaign.  

“I’m glad the judge saw what we saw and this case had no merit,” Manning said. 

The crux of Grider and Clayton’s challenge of the Libertarian Party’s major party status was that no Libertarian received at least five percent of the vote in the last general election. One of the requirements for a political party to be deemed a major party in New Mexico is for either the presidential or gubernatorial candidate in the last general to get 5 percent of the vote. Ellington ruled that that provision of the law does not apply to special elections. 

Limited early voting for the special election starts on May 4 and Election Day is June 1.