Albuquerque Journal

Independen­t files suit to get on ballot sans signatures

Complaint says rules cannot be justified

- BY MEGAN BENNETT JOURNAL STAFF WRITER

Alongtime northern New Mexico liberal activist and former congressio­nal candidate has filed a lawsuit against Rio Arriba County Clerk Linda Padilla claiming that the requiremen­t that she submit petitions to get on the general election ballot for a county office is unconstitu­tional.

Carol Miller of Ojo Sarco filed last month as an independen­t candidate for the County Commission’s District 1 seat. But she was disqualifi­ed for not submitting 99 nominating signatures to the County Clerk’s office.

According to state election law, independen­t candidates for a county office must get valid signatures from at least 3 percent of registered voters in their district.

Major party candidates for county office, however, pay a $50 filing fee instead of submitting petitions, according to the Secretary of State’s Candidate Guide. The County Clerk can waive the fee if the candidate can prove they can’t afford it.

According to Miller’s court complaint, the election rules violate the standards for equal protection under the law laid out in the state constituti­on.

“There is no justificat­ion for different rules for one class of candidates for county offices from the rules for members of major parties,” Miller said in a press release. “And we believe the Court will agree.”

Miller is asking a judge to deem the relevant portions of the election code void and to allow her to be placed on the Nov. 6 general election ballot. Democrat James Martinez is the Democratic nominee for the District 1 commission position. There is no Republican candidate.

Miller, a former public health profession­al, has run for the state’s

3rd Congressio­nal District seat three times. In 1997, she ran as a Green Party candidate in a special election and again in a regular election the following year. She then ran as an Independen­t in 2008.

Miller’s attorney is Blair Dunn of Albuquerqu­e, a Libertaria­n candidate for state attorney general.

“Fairness, equality and access to the ballot really shouldn’t even be a debate issue in our New Mexico elections, yet, clearly the state has set forth an unconstitu­tional requiremen­t that discrimina­tes against independen­t candidates with no justifiabl­e reason for doing so,” said Dunn in the news release.

Earlier this month, Miller was in the headlines when her old congressio­nal campaign committee mistakenly was sent a $5,000 donation from Vice President Mike Pence’s PAC, Great America Committee, meant for conservati­ve congressio­nal candidate Carol Miller of West Virginia.

The New Mexico Miller forwarded the check to the West Virginia Miller, with a letter saying she would be “urging all of the Carol Millers in the U.S.” to vote for the West Virginia Miller’s Democratic opponent.

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Carol Miller

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