Discrimination & Suppression of Independent Voters & Candiates Violates the U.S. & New Mexico Constitutions

Sante Fe, NM - This morning, Albuquerque attorney Ken Stalter filed a lawsuit against Secretary of State Maggie Toulouse Oliver, in her official capacity, on behalf of Independent voters and candidates in New Mexico whose United States and New Mexico Constitutional rights are being violated by the current Special Congressional Election process. The lawsuit argues that New Mexico law unfairly and unconstitutionally discriminates against New Mexico’s fastest growing group of registered voters: independents not affiliated with any party. While Democrats, Republicans and Libertarian candidates can access the ballot with votes from fewer than two hundred political insiders, Independent candidates must obtain 30 times that number of qualifying signatures to get on the ballot: over 6,000. 

“There is no more sacred and fundamental right as an American citizen than to vote,” said Ken Stalter, Founder of Stalter Law. “Stacking the deck against independents is not only anti-democratic, it’s unconstitutional. New Mexico’s special election system is a holdover from a bygone era of insider politics and political patronage. It’s time to enter the twenty-first century and ensure that all voters and candidates can participate in the system, regardless of party affiliation.”

The lawsuit, attached below, requests declaratory judgment ahead of the presumed Special Congressional Election to fill the seat of Congresswoman Deb Halaand after she is confirmed as United States Secretary of Interior for the Biden - Harris Administration. 

Ken Stalter graduated with honors from Harvard Law School in 2008. Before founding Stalter Law LLC, he was General Counsel to the New Mexico Attorney General. A former prosecutor and appellate attorney, he has experience with all levels of the New Mexico court system. His clients include New Mexicans from all walks of life facing serious legal challenges. For more information, please visit https://www.stalterlaw.com/.  

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