Elections chief can’t throw out nominating petitions over formatting
The state Supreme Court ruled Tuesday the secretary of state cannot invalidate candidates’ nominating petitions that meet the requirements laid out in New Mexico law simply because the documents lack certain verbiage that is not required by statute.
“The Secretary must ensure that the nominating process takes place in accordance with the laws enacted by the Legislature,” Justice David K.
Thomson wrote in the unanimous opinion. “However, the Secretary cannot impose greater requirements on the process than those imposed by the Legislature.”
The petitions the opinion is referring to are sheets containing the signatures of registered voters that those seeking public office must gather and submit to qualify as candidates in various statewide races.
The issue arose early this year when Secretary of State Maggie Toulouse Oliver rejected some of the nominating petitions submitted by Anastacia Golden Morper — a Republican who was running for the the open seat in the 3rd Congressional District — because they weren’t submitted on the office’s official form and didn’t contain the header “2020 Primary Nominating Petition.”
Toulouse Oliver argued the office
requires candidates to use the form to ensure voters who sign it know what they were signing, and to keep candidates from gathering signatures outside allowed time frames.
Morper argued the rejection of her forms based on the technicality violated her rights and those of people who wanted to vote for her.
State District Judge Bryan Biedscheid ruled against Morper and in favor of the Secretary of State’s Office in February. But Morper appealed the ruling to the Supreme Court which overturned it in March, paving the way for her candidacy.
She later dropped out of the race.
The Supreme Court opinion published Tuesday was the formal, written version of its March decision.
In it, Thomson wrote that while the Secretary of State’s office is obligated to “obtain and maintain uniformity in the application, operation and interpretation of the Election Code,” the court was concerned the secretary prioritized uniformity over “protect[ing] the right of New Mexico citizens to vote for the candidate of their choice.”
Secretary of State spokesman Alex Curtas wrote in an email that Toulouse Oliver and her staff will analyze the written ruling, “but we appreciate the clarity that such a written ruling will give to candidates about the forms that must be submitted to our Office and to all filing officers in the state.”
The Supreme Court’s opinion comes on the heels of another complaint filed against Toulouse Oliver a week ago by a man hoping to become a candidate for the state Court of Appeals.
Thomas C. Montoya — an Albuquerque attorney tapped by the Republican Party to run for the position vacated by the retirement of Linda Vanzi — claims neither he nor Democratic candidate Jane Yohalem filed documents of candidacy on the exact form required by the Secretary of State’s Office, but Toulouse Oliver accepted Yohalem’s forms and her candidacy while rejecting his forms and candidacy.
Biedscheid is scheduled to hear that case Thursday.
The Supreme Court’s opinion comes on the heels of another complaint filed against Toulouse Oliver a week ago by a man hoping to become a candidate for the state Court of Appeals.