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On Again, Off Again: New Judge Blocks Nader From N.M. Ballot
The Albuquerque Journal ^ | September 20, 2004 | Leslie Hoffman, Associated Press

Posted on 09/20/2004 8:36:09 PM PDT by CedarDave

A judge Monday blocked Ralph Nader from appearing on New Mexico's ballot in a legal and political tug-of-war that has kept the candidate's status in limbo for days.

State District Judge Theresa Baca ruled that Nader does not qualify as an independent candidate in New Mexico because he is running as the nominee for minor parties in other states. "He is not without party affiliation," Baca said. The judge did not rule on another point of contention in the lawsuit filed by state Democrats — whether Nader's nominating petitions had enough valid signatures of registered voters.

Nader campaign officials said they would appeal to the state Supreme Court. Having his name on the ballot is "the only way for other voices to be heard," said Carol Miller, who coordinated the signature-gathering effort for Nader in New Mexico. Miller also expressed concern at how quickly Baca reached her decision — given that she had taken over the case only hours earlier when another judge recused herself. "This was a very brief session. We had no time to prepare," Miller said.

Democrats, however, praised the ruling. "I'm gratified that this Republican-backed effort to put Ralph Nader on the ballot has been ruled once again illegitimate under state law," state Democratic Party Chairman John Wertheim said.

Despite Nader's pending appeal, Denise Lamb, director of the Bureau of Elections, said her office ordered ballots to be printed after learning of Baca's decision. "We called the printer and told them to start up those presses," Lamb said. Under state law, absentee ballots were to have been sent starting Monday to voters overseas — most of them military personnel. The state had halted the printing of those ballots pending Monday's legal action. Lamb said the ballots for overseas voters could start being sent out from county clerks' offices within 24 hours.

Baca's ruling Monday was similar to one Friday by Judge Wendy York, who also blocked Nader from the ballot. But York withdrew that decision earlier Monday and recused herself from the case amid criticism over a $1,000 contribution she made to the Kerry presidential campaign in April. In a letter, York said she made the move "out of an abundance of caution, and in order to avoid any appearance of impropriety."

Republicans were also critical of Baca, bringing up allegations of partisanship similar to those raised against York. GOP Rep. Daniel Foley of Roswell said Baca should have disclosed that she had contributed $250 in January to the Democratic Senatorial Campaign Committee. "She's obviously a partisan Democrat, which is OK. . . . By the code of judicial conduct she should disclose herself and recuse herself — and she has failed to do that," Foley said. Baca, a former Metropolitan Court judge, was appointed to the district court bench in May 1993 by Democratic Gov. Bruce King.


TOPICS: Crime/Corruption; Extended News; News/Current Events; Politics/Elections; US: New Mexico
KEYWORDS: ballotaccess; greens; nader; ralphnader
Another chapter in the continuing effort by the Democrats to prevent legitimate contenders on the ballot. Carol Miller is a prominent Green activist. I wouldn't be surprised if they don't pull the lever for either presidential candidate if Nader is off the ballot.

Democrats are also objecting to court attempts by the Republicans to require voter ID at the polls for new voters following recent signup of 30-50,000 "new" voters in a registration drive pushed by Bill Richardson that has already identified fraud. When the clerks' offices mailed out registration cards, they went to children and even out of state residents who did not sign up but whose names were placed on voter roles without their knowledge. If Bush wins the state given this obvious fraud (plus others that we don't know about) it will be a miracle.

1 posted on 09/20/2004 8:36:10 PM PDT by CedarDave
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To: CedarDave
recused herself from the case amid criticism over a $1,000 contribution she made to the Kerry presidential campaign in April. In a letter, York said she made the move "out of an abundance of caution, and in order to avoid any appearance of impropriety."

It's only a breach of ethics if you get caught!

2 posted on 09/20/2004 8:41:50 PM PDT by Drango (PJs? Never. FReep in the "Buff")
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To: Drango

There is no fiercer opponent of democracy than the Democrat Party.


3 posted on 09/20/2004 8:47:03 PM PDT by FormerACLUmember (Free Republic is 21st Century Samizdat)
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To: CedarDave

Dave, it's voter fraud in the making! You should see what they're doing in Gallup and on the Navajo Indian reservation. President Bush should make a trip out to visit the Tribe, or he will lose all the Indian vote. I think there's around 250K Navajos, maybe 20K Zuni Indians, and I don't know how many Apache or Hopi Indians there are. They feel like he's forgotten them, especially since Kerry came out for the Indian Ceremonial.


4 posted on 09/20/2004 8:47:38 PM PDT by NRA2BFree (Never frown, even when you are sad, because you never know who is falling in love with your smile.)
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To: Drango
It's only a breach of ethics if you get caught!

She got caught. That's the ONLY reason she stepped down. Not that it did any good. Politics in NM have always been dirty.

5 posted on 09/20/2004 8:49:33 PM PDT by NRA2BFree (Never frown, even when you are sad, because you never know who is falling in love with your smile.)
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To: CedarDave

Quite shocking... anyone know her husband's name?

BACA, THERESA M
ALBUQUERQUE,NM 87103
STATE OF NEW MEXICO
1/14/2004
$250
Democratic Senatorial Campaign Cmte

http://www.opensecrets.org/indivs/search.asp?NumOfThou=0&txtName=baca%2C+theresa&txtState=NM&txtZip=&txtEmploy=&txtCand=&txt2004=Y&txt2002=Y&txt2000=Y&Order=N


6 posted on 09/20/2004 8:59:11 PM PDT by GAGOPSWEEPTOVICTORY
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To: GAGOPSWEEPTOVICTORY

From: http://www.abqtrib.com/archives/news02/100102_news_dcretain.shtml


Theresa M. Baca

Age: 52.

Occupation: District judge.

Birthplace: Albuquerque.

Family: Not married; daughter, 22; son, 18.

Education:West Mesa High School (1968); Bachelor of Arts, St. John's College (1972); law degree, University of Pennsylvania, 1975.

Political experience: Metro judge (1985-93); district judge (1993-present).

Have you ever been arrested for a misdemeanor? No.

Have you ever been arrested for a felony? No.

What would your top three priorities be in office, and what specific steps would you take to achieve them? My top three priorities have been and would continue to be as follows: (1) Set requests for a hearing as soon as possible. Upon receipt of a request, notice is usually sent out within one working day of receipt. The hearing is usually set within three to four weeks of receipt of the request by my office. (2) Try to get matters resolved more quickly by setting cases for a scheduling conference, thereby ensuring that deadlines are in effect, mediation is ordered and a trial setting is given. This necessitates a quicker settlement and/or disposition of the case. (3) Strive for a fair hearing by being well prepared, by listening to the arguments and by treating all participants in the process with respect.


7 posted on 09/20/2004 11:46:11 PM PDT by RJL
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To: RJL

I am so shocked that a partisan Democrap hack would block Nader. She should have recused herself because she gave money to the Dims, but every judge in that crooked county probably did.


8 posted on 09/20/2004 11:52:41 PM PDT by GAGOPSWEEPTOVICTORY
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To: NRA2BFree

I agree with your assessment. Anyway to get word to the Republican Party to schedule him out here in Arizona and New Mexico?


9 posted on 09/21/2004 12:45:22 AM PDT by Arizona Carolyn
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To: All

What the hell is going on with Nader? Wanna-be conservatives fall in love with a lawyer? I hate this guy and I don't want to support him at all. It's only a tactic to win the elections and we will win without the help of Nader. So, trash this sucker. We don't need him, we don't need to support him. Bullshit.


10 posted on 09/21/2004 1:39:53 AM PDT by BigDoom
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