A federal judge ordered the New Mexico secretary of state to place Ralph Nader on the ballot Tuesday.
In a separate case, the New Mexico Supreme Court also ordered Nader on the ballot Tuesday.
U.S. District Judge John Conway ordered Secretary of State Rebecca Vigil-Giron to refrain from printing or distributing ballots that exclude Nader and to put Nader and his running mate Peter Camejo on the New Mexico ballot.
The suit was brought to federal court by three New Mexican voters who said state District Court Judge Theresa Baca's order on Sept. 20 that took Nader off the ballot deprived them of their constitutional rights.
Marvin Gladstone, Frank Cloak and Dorothy Doyle filed the suit in U.S. District Court on Thursday against Vigil-Giron. Baca's interpretation of the state statute governing independent candidacies infringed on their right to freely associate with and vote for the candidate of their choice, they said.
Vigil-Giron had argued that guaranteeing independent candidates don't have any party affiliation provides voters with assurance the candidates are truly independent.
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In his written opinion, Conway stated that such voter education cannot justify the prohibition of an independent candidate, which results in an "impermissible infringement" of constitutional rights under the First and 14th Amendments.
Baca's restriction on a person's ability to run for office substantially interfered with the fundamental equal protection right to vote for a candidate who reflects one's view and the right to associate with others for political purposes, Conway wrote.
He also wrote that Baca's interpretation was overreaching and unconstitutional, as it attempted to place restrictions on what an independent candidate in New Mexico may believe in another state.
