Secretary of State and state Libertarian Party, argue legal ballot challenge lacks merit
Despite a special congressional election well underway, with many absentee ballots already returned and early in-person votes cast, the New Mexico Supreme Court may consider a case that challenges the validity of one of the candidates whose name is on the ballot.
In April, a state district judge dismissed a claim that Chris Manning, the Libertarian candidate for First Congressional District, should not be on the ballot. Petitioners Ginger Grider and James Clayton, who are both members of the Libertarian Party of New Mexico, argued that the Libertarian Party should not have been granted major party status in the special election and that the party went against its own rules when nominating Manning. Grider and Clayton, through their attorney Blair Dunn, asked in April for the state supreme court to overturn the lower court’s decision. Dunn argued in the petition that the Libertarian Party should not be granted major party status since no gubernatorial or presidential candidate received at least five percent of the vote in the 2020 general election.
It’s unclear when the high court may make a determination or whether it will call for oral arguments, but the New Mexico Secretary of State’s office filed a response on Tuesday that argues the Libertarian Party of New Mexico rightfully holds major party status. In the response, General Counsel for the Secretary of State’s office Dylan Lange cited a 1996 opinion from then-New Mexico Attorney General Tom Udall that states major political parties can maintain their status if any candidate from the party gets at least 5 percent of the vote on a presidential or gubernatorial election ballot.