Armijo says he's back in state auditor race; others aren't so sure (More Dem Shannagins)

Albuquerque Trib ^ | 6 Sep 2006 | Michael Amedeo and Kate Nash

[Rogle]

The conflicting conclusions arose Tuesday after Armijo - flanked by his parents, friends and other supporters at Bataan Park in northeast Albuquerque - said he would still run for the office despite earlier announcements of his withdrawal.

"After 17 years in the military, the most important lesson I learned was to never quit," he said. "If a select few politicians are nervous, so be it."

Armijo's intention runs contrary to Aug. 29 announcements from the New Mexico Democratic Party and a public relations firm in which he is quoted as saying he was leaving the race.

They were released shortly after The Tribune reported that two women had filed police reports alleging Armijo made unwanted sexual advances toward them.

Armijo hasn't been charged with a crime in either incident - one from 2003, one from August - and has said the allegations are false.

At Tuesday's news conference, Armijo would not comment upon previous statements about his withdrawal.

"The debate is not about the past," he said. A

rmijo had until 5 p.m. Tuesday to formalize his withdrawal by submitting it in writing to the Secretary of State's Office. At the news conference beginning at 4:45 p.m., he made it clear he never sent the paperwork and was still in the running. However, Secretary of State Rebecca Vigil-Giron said Tuesday that Armijo will not be on the general election ballot despite his last-minute news conference.

Vigil-Giron, in a telephone interview, said she considered Armijo's Aug. 29 written news release as his official notice of withdrawal as a candidate. "I accepted that withdrawal, and the Democratic Party central committee has already been notified they will be meeting to select a candidate," Vigil-Giron said. "He is not on the ballot."

But Sam Thompson, public information officer with the New Mexico Attorney General's Office, said the law doesn't state that Armijo's announcement counts as a withdrawal. Nor does the law require a written notice of withdrawal for a candidate to be removed from a ballot, she explained. "The law does not state a requirement for how this process needs to be done," Thompson said. "The issue appears to be between the candidate and his party."

Deputy Attorney General Glenn Smith said a vacancy occurs when someone withdraws his candidacy, which Armijo did in his Aug. 29 letter. "We don't find it to be unreasonable that the party accepted that withdrawal as creating a vacancy," Smith said. If Armijo wants to be on the ballot, he can compete with others vying for the vacant position when the Democratic Party's central committee meets Sept. 9, Smith said.

Democratic Party Chairman John Wertheim contends that no matter what Armijo said Tuesday, "he officially withdrew his name from the ballot on Aug. 29, and the Democratic Party Central Committee will hold a meeting on Saturday to fill that vacancy." He added that he considers Armijo a friend but that he was disappointed in Armijo's move Tuesday. "The bottom line is, he chose to withdraw," he said. "We are going to fill the vacancy on Sept. 9. If he wishes to get his name back on the ballot, he is welcome to run along with the other candidates."

The news didn't please Gov. Bill Richardson, a first-term Democrat who is running for re-election Nov. 7. "The governor is very disappointed that Mr. Armijo is attempting to go back on his word and selfishly put himself before the Democratic Party," said Richardson spokesman Gilbert Gallegos.

After the allegations against Armijo surfaced, Richardson made overtures to meet with him.

The Associated Press reported that Armijo rejected the offer, but he later said he was willing to meet, which the two men did on Aug. 29.

"The governor agrees with the legal position of the Democratic Party, who is moving forward and asking the state Central Committee to select a replacement candidate who is responsible and committed to running a campaign based on the highest ethical standards," Gallegos said in a statement.

The governor's office on Tuesday sent Vigil-Giron's office a copy of last week's news release from Armijo. Jon Goldstein, a spokesman for Richardson, said it was sent at the request of the Secretary of State's Office.

At least one of several Democrats who aimed for the auditor's job after Armijo announced his withdrawal, state Rep. Hector Balderas, said he's still interested in running. "I'm still planning on participating in the convention unless a greater authority tells me that's no longer the case," said Balderas, a Democrat from Wagon Mound.

"His representation was that he was withdrawing."

The state party's Central Committee plans to meet Saturday to select another candidate for the Nov. 7 ballot.

Albuquerque City Councilor Ken Sanchez, who spent Labor Day weekend working to line up votes for Saturday's meeting, said his understanding is that he cannot run.

"Based on what I've heard, (Armijo) is officially on the ballot, so I can't run against him. He won the Democratic primary, and I don't think I would have any legal standing."

The Bernalillo County District Attorney's Office has said it is reviewing the most recent complaint against Armijo, from Aug. 3, to determine whether charges should be filed.

[Rogle]

My understanding is that the subject press release was faxed from the Governors’ Office not Armijo's campaign office. Given the timing the Gov can now decide who is on the General election ballot by simply issuing a press release negating the primary process.

[CedarDave]

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