Native American activist challenges state's closed primary

By The Associated Press

08.15.02

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SANTA FE, N.M. — Native American activist Russell Means renewed a legal fight yesterday in hopes of becoming a third-party candidate for governor.

Means filed a lawsuit in U.S. District Court seeking to invalidate New Mexico's closed primary system that allows only Democrats and Republicans to vote in their respective primary elections.

Means said the state's system of selecting nominees for the general election discriminates against third-party voters and independents unaffiliated with a political party.

He is suing Gov. Gary Johnson and Secretary of State Rebecca Vigil-Giron, the state's top elections officer.

The secretary of state's office has not seen the lawsuit and could not comment, said Hoyt Clifton, a spokesman for the office.

Means' suit raises First Amendment concerns because political parties often contend they have a free-association right to determine who participates in their primaries. Meanwhile, would-be candidates argue that they have a First Amendment free-speech right to participate in the political process.

Two weeks ago, a federal judge dismissed a lawsuit brought by Means to get on the general election ballot as a candidate for governor.

Instead of appealing that decision, Means filed the new complaint alleging violations of the federal Voting Rights Act.

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