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.

NM congressional candidates take part in the New Mexico Black Voters Collaborative forum

Three candidates running in the race to fill the 1st Congressional district vacancy fielded questions on Tuesday night in the election’s first public forum. The New Mexico Black Voters Collaborative organized and moderated the forum, which took place just hours after a Minnesota jury found former Minneapolis police officer Derek Chauvin guilty of murdering George Floyd. 

Democratic candidate and current state Representative Melanie Stansbury, Libertarian candidate Chris Manning and independent candidate and former state Land Commissioner Aubrey Dunn took part in the forum. Republican candidate and current state Senator Mark Moores was notably absent from the forum. According to a press release from the Black Voters Collaborative prior to the forum, Moores originally agreed to participate but later withdrew. 

Questions for the candidates mostly covered ongoing issues in the state and country and how they impact people of color. While the candidates kept a civil tone with one another, they still had different opinions on the issues. 

When asked about police brutality towards people of color and the high rates of death at the hands of police, all three candidates said they were in favor of ending qualified immunity, a judicial doctrine that is often used to protect police from facing civil legal action. 

Dunn said he thinks money towards police training should be a priority and that police who violate the law should be held accountable. 

“I know we have a serious problem and we need to make it a priority and it’s gone for years,” Dunn said. 

Manning said in addition to ending qualified immunity, he would like to see more trust from the public in the justice system. 

“We also need to have faith in our system, that even those who are accused of the most egregious crimes, they get their day in court,” Manning said.

Court throws out challenge of Libertarian congressional candidate

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.

NM’s congressional race is on a tight deadline

In about three weeks, registered voters in the 1st Congressional District can start casting ballots to fill the vacant seat. The rushed and non-traditional nature of this election could prove difficult for the candidates. 

Complicating issues, the state is still recovering from the COVID-19 pandemic that emerged last year, meaning candidates may not see the normal kind of campaign rally turn-out and some will likely not hold in-person rallies at all. Of the candidates for the Albuquerque-area seat that NM Political Report spoke to, only one cited the expedited timeline as a possible challenge to their campaign. Others anticipated their biggest challenges will be getting the word out about their campaigns and raising money. 

Melanie Stansbury, who currently serves as a Democratic legislator in the New Mexico House of Representatives, said the short election period may end up being her biggest challenge. 

“It is a scramble to get out the vote and help educate the public to know that a special election is happening, to introduce ourselves to the broader community and make sure that people know the election is happening and when and how to vote,” Stansbury said. 

Stansbury is currently serving her second term in the state Legislature, but previously worked in the White House as well as a U.S. Senate staffer. 

Republican candidate Mark Moores also serves in the Legislature, as a state senator. Despite numerous scheduling attempts from NM Political Report, Moores could not be reached for an interview. 

Aubrey Dunn, who is running as an independent candidate, seemed to agree that getting people out to vote would also be a challenge, but he said he thinks his biggest challenge will be fundraising.