NM governor uses public health order for gun ban

Last Friday New Mexico's governor, Lujan Grisham, issued a public health emergency order banning concealed and open gun carry in Albuquerque and surrounding Bernalillo county. The order applies for only 30 days, but can (and according to the Governor probably will) be renewed.

New Mexico's Governor Suspends the Right To Bear Arms, Saying the Second Amendment Is Not 'Absolute' | Reason | Jacob Sullum:

September 10, 2023 - "New Mexico Gov. Michelle Lujan Grisham on Friday issued a 'public health emergency order' that purportedly suspends the right to bear arms in Albuquerque and surrounding Bernalillo County. The order, which lasts for 30 days but can be renewed, applies to concealed or open carry of firearms on public property, with exceptions for police officers and security guards. Grisham said "citizens with permits to carry firearms are free to possess their weapons on private property (such as at a gun range or gun store), provided they transport the firearm in a locked box, use a trigger lock, or [use] some other mechanism that renders the gun incapable of being fired.'

"The order covers 'cities or counties averaging 1,000 or more violent crimes per 100,000 residents per year since 2021,' a criterion currently met only by Bernalillo County. Grisham, a Democrat, says the carry ban is a necessary response to 'recent shooting deaths of a thirteen-year-old girl on July 28, a five-year-old girl on August 14, and an eleven-year-old boy on September 6, as well as two mass shootings this year.' At a press conference on Friday, she conceded that the order was apt to be challenged in court as a violation of the Second Amendment.... 

"Yesterday the National Association for Gun Rights, together with a member who lives in Albuquerque, sued Grisham in federal court, arguing that her order flies in the face of the U.S. Supreme Court's 2022 ruling in New York State Rifle & Pistol Association v. Bruen. That decision overturned New York's sweeping limits on public possession of firearms and established a constitutional test for gun restrictions, which the Court said must be 'consistent with this Nation's historical tradition of firearm regulation.' Gun Owners of America, along with another Bernalillo County resident, filed a similar federal lawsuit against Grisham on Saturday. Both groups argue that Grisham's order plainly fails the Bruen test....

"The New Mexico Shooting Sports Association, a chapter of the National Rifle Association, said it planned to join the two other groups in challenging Grisham's order. Grisham said state police would be charged with enforcing the order, which prescribes a fine of up to $5,000 per violation. The Associated Press reports that Albuquerque Police Chief Harold Medina 'said he won't enforce it, and Bernalillo County Sheriff John Allen said he's uneasy about it because it raises too many questions about constitutional rights.' In a statement issued on Friday, Allen said 'the temporary ban challenges the foundation of our Constitution, which I swore an oath to uphold.'

"Grisham seems unfazed by those concerns. 'The purpose is to try to create a cooling off period while we figure out how we can better address public safety and gun violence,' she said at Friday's press conference. 'There are gonna be a lot of questions about whether or not we think we have the legal rights to do that. I am sure … there will be a legal challenge, and I can't tell you that we [will] win it, given all of the different challenges to gun violence laws and restrictions on individual firearm access and control…. I think it's time to talk about the absoluteness of the discussion and the current court actions that suggest that the Second Amendment is an absolute right'....

"'I have emergency powers,' Grisham told The New York Times. 'Gun violence is an epidemic. Therefore, it's an emergency.' During the press conference, she also indicated that she probably would extend the order, which she said would be lifted only if 'the epidemic' of gun violence ended after 30 days, adding, 'I bet it's not over in 30 days'....

"State Reps. Stefani Lord (R–Sandia Park) and John Block (R–Alamogordo) on Saturday said Grisham's order was grounds for impeachment. 'This emergency order violates the Governor's oath to protect and defend the rights of New Mexicans,' they said in a press release. 'The legislature has a duty to intervene when the government is overstepping its boundaries, and Governor Grisham's order and comments disqualify her from continuing her tenure as Governor.' Lord called the order 'an abhorrent attempt at imposing a radical, progressive agenda on an unwilling populace'....

"When a reporter asked if Grisham 'really think[s] that criminals are gonna hear this message and not carry a gun in Albuquerque on the streets for 30 days,' Grisham said, 'No.' So 'even Grisham,' Lord says, 'believes this emergency order won't [stop] criminals from carrying or using weapons,' which suggests the order 'will only put New Mexicans in danger as they won't be able to defend themselves against violent crime.'"

Read more: https://reason.com/2023/09/10/new-mexicos-governor-suspends-the-right-to-bear-arms-saying-the-second-amendment-is-not-absolute/

Guns BANNED in New Mexico County Following Emergency Declaration, BLATANTLY UNCONSTITUTIONAL?! | Rising | The Hill | September 11, 2023:

US states adding 3rd shot to Covid-vax mandates

New Mexico adds boosters to COVID-19 vaccine mandates | Las Cruces Sun-News - Algernon D'Ammassa:

December 2, 2021 - "Workers covered by existing COVID-19 vaccine mandates in New Mexico will be required to get booster shots as well, beginning in January. The state Department of Health on Thursday amended its public health order requiring workers at schools, hospitals and congregate care facilities and the governor's office to be vaccinated, adding the additional dose to existing requirements. The new order states that those workers must document full vaccination plus booster by Jan. 17 or within four weeks of being eligible for the booster, which comes six months after completing a primary course of vaccine. 

"If primary and booster vaccinations are not documented with their employer, the workers must present a negative COVID-19 test weekly and wear a mask indoors at all times except when eating or drinking. The health order allows for medical or religious exemptions, but still requires weekly testing and masking requirements in those cases.

"On Nov. 29, the Centers for Disease Control and Prevention 'strengthened' its recommendation that all adults receive a boost to their COVID-19 vaccinations, six months after receiving Moderna or Pfizer's vaccines or two months after Johnson and Johnson. The booster doses were approved for adults last month by the Food and Drug Administration."
Read more: https://www.lcsun-news.com/story/news/local/new-mexico/2021/12/02/new-mexico-covid-19-booster-shots-vaccine-mandate-omicron-variant/8844338002/

New York mandating COVID booster shot for health care workers. What to know | Journal News - David Robinson:

January 2, 2022 - "Gov. Kathy Hochul on Friday announced a COVID-19 booster shot mandate for health care workers in New York, citing the rising numbers of vaccine breakthrough infections caused by the omicron variant. The mandate, which is pending approval by a state Health Department panel on Tuesday, would require workers at hospitals, nursing homes and other health care settings to get the booster shot within two weeks of becoming eligible, Hochul said.... New York would become the first state in the country to mandate a booster shot for health care workers. There would be a medical exemption allowed, but religious exemptions would be barred, according to Hochul's media briefing in Manhattan.

"The booster mandate comes after New York implemented one of the nation's first vaccine mandates for health care workers on Sept. 27. New York's initial vaccine mandate led to about 34,000 health workers losing jobs or being placed on leave, reflecting a reduction of 3.5% of the workforce. The vaccine mandate worker losses intensified long-standing staffing shortages at many hospitals and nursing homes, a situation that has only gotten worse as the omicron variant surge shattered records for daily infections, including 82,000 cases on Thursday alone.... 

"Hochul asserted that mandating a booster shot for health care workers would have a limited impact on staffing shortages, citing how 92% of the health workforce complied with the initial vaccine mandate.... But the uptake of boosters among some health care workers has lagged behind the national averages for getting the additional doses in arms."
Read more: https://www.lohud.com/story/news/coronavirus/2022/01/07/new-york-mandate-covid-booster-shot-health-care-workers/9131244002/

Hawaii to require travelers have COVID booster shot to be 'fully vaccinated' | ABC News - Mary Kekatos:

January 17, 2022 - "Hawaii will require visitors to the state to have received a COVID-19 vaccine booster if they want to skip quarantine. Currently, under the rules of the state's 'Safe Travels' program, travelers who don't want to quarantine for five days must either be fully vaccinated -- meaning two doses of the Pfizer-BioNTech or Moderna vaccine or one shot of the Johnson & Johnson vaccine -- or have a negative COVID-19 test within one day of travel. [The change] means fully vaccinated travelers who haven't received a booster shot will have to quarantine in Hawaii for five days.

"Ige said changes to the program will not occur for at least two weeks so people traveling to Hawaii can adjust their plans accordingly.... Ige also said he was speaking with mayors and other local leaders about requiring booster shots to dine in restaurants and participate in other activities and events. However, he said he will leave that decision up to individual counties.

"Last month, Maui Mayor Michael Victorino revealed booster shots would be required for locals to be considered fully vaccinated. The rule was supposed to go into effect on Jan. 8 but was delayed until Jan. 24 so people have time to schedule booster shots, reported KHON 2.

"This move comes as the Hawaii Tourism Authority announced the Safe Travels program would be undergoing several changes, including reducing the mandatory quarantine period for unvaccinated travelers without a negative COVID-19 test from 10 days to five days, in accordance with updated Centers for Disease Control and Prevention guidelines. Additionally, visitors will no longer be required to fill out an online questionnaire 24 hours before arrival to receive a QR code."
Read more: https://abcnews.go.com/Health/hawaii-require-travelers-covid-booster-shot-fully-vaccinated/story?id=82307999

More lockdowns across USA

Millions of Californians put under strict Covid lockdown | The Guardian - Vivian Ho:

December 7, 2020 - "More than three-quarters of California’s population are now living under the harshest lockdowns in the US, as Covid-19 cases hit record levels in the country’s most populous state. Regional stay-at-home restrictions went into effect for nearly 23 million residents in southern California and 4.4 million residents in a large swath of the Central Valley on Sunday night, as ordered by the state governor, Gavin Newsom.... The southern California region and the San Joaquin Valley region joined five counties in the Bay Area region whose local leaders pre-emptively ordered its 6 million residents to enter lockdown starting at 10pm on Sunday.... The restrictions, which require people to stay home and minimize contact with other households, will remain in place for at least three weeks, covering the Christmas holiday. 

"All retail stores can stay open, although at 20% capacity, along with outside spaces such as parks and beaches, but restaurants, bars, hair and nail salons and tattoo shops are required to close."... The new shutdowns were a gut-wrenching move for small businesses. Michelle Saunders James was in tears on Friday at the thought of closing down her Oakland nail salon just five weeks after reopening. 'We wear [face] shields. We take temperatures. We do everything we are told to do so everyone feels safe, including our staff and team,' she told KGO-TV. 'So I don’t understand why it’s not enough, and I’m terribly sad and afraid.'"
Read more: https://www.theguardian.com/world/2020/dec/06/california-covid-lockdown-us-new-cases-hospitalisations-deaths-stay-at-home-order

Whitmer extends Michigan's partial lockdown through Dec. 20 | The Hill - Zack Budryk:

December 7, 2020 - "Michigan Gov. Gretchen Whitmer (D) on Monday extended her statewide partial lockdown order through Dec. 20.... The order ... closes bars and restaurants for dine-in services and restricts in-person instruction at colleges and high schools."
Read more: https://thehill.com/homenews/state-watch/529109-whitmer-extends-michigans-partial-lockdown-through-dec-20 

New coronavirus restrictions: Here's what your state is doing to combat rising cases and deaths | USA Today - Grace Hauck & Chris Woodyard: 

December 8, 2020 - "Massachusetts Republican Gov. Charlie Baker instituted a partial stay-at-home order effective Nov. 6. The revised order seeks to restrict late-night congregating, telling residents to stay home from 10 p.m. to 5 a.m. ET. But it allows trips to work, running "critical errands," such as going for groceries or for health reasons, and allows people to take walks. Restaurants, liquor stores, gyms, hair salons, theaters and some other recreational businesses and attractions must close from 9:30 p.m. to 5 a.m. as well....

"New Mexico ... Democratic Gov. Michelle Lujan Grisham on Nov. 13 announced a two-week 'reset' of heightened public health restrictions from late March and early April. Citizens were ordered to shelter in place, leaving home only for essential trips for health, safety and welfare. All nonessential businesses and nonprofits were to cease in-person activities, per the order.... 

"Ohio Republican Gov. Mike DeWine announced a three-week, overnight stay-at-home order for Ohioans starting Nov. 19 ... aimed at getting people to stay home from 10 p.m. to 5 a.m. nightly.... DeWine also said most retail businesses will be closed during those hours....

"Pennsylvania Democratic Gov. Tom Wolf on Nov. 23 issued a stay-at-home health advisory advising residents to only leave home to go to work or school, or for essential needs, like seeking medical care, going to the grocery store or pharmacy, picking up food or exercising. The advisory will remain in place through Jan. 4, unless an additional advisory is issued."
Read more: https://www.usatoday.com/story/news/nation/2020/11/13/covid-restrictions-state-list-orders-lockdowns/3761230001/ 

New lockdowns in US; Border closings in Australia

Oregon, New Mexico order lockdowns, other states consider options | Fox News - Peter Aitken:

November 15 - "Oregon and New Mexico governors issued orders for tighter measures in the face of spiking coronavirus cases, including near-lockdown conditions.

"New Mexico Gov. Michelle Lujan Grisham closed statewide in-person services for non-essential activities starting Nov. 16. It will last for two weeks, although that may be extended.

"Oregon Gov. Kate Brown issued a similar order, called a 'Two-Week Freeze.' Starting Nov. 18., most indoor facilities, such as gyms and restaurants will close, and indoor capacity for essential services such as grocery stores and pharmacies will be limited. 'Since I announced a Two-Week Pause one week ago, we are seeing an alarming spike in both cases and hospitalizations,' said Brown. 'The virus is spreading in the community and, every day, it is infecting more and more Oregonians'.... 

"North Dakota Gov. Doug Burgum announced a mask mandate that would take effect immediately and run through December.... Burgum ordered all bars and restaurants to limit capacity and suspend service between 10 p.m. and 4 a.m. New York Gov. Andrew Cuomo embraced the overnight curfew for dining services, a move the governor said aligns with New Jersey Gov. Phil Murphy. 'We did that with New Jersey on bars and restaurants, with the closure of 10 p.m.,' Cuomo said during a Friday conference call with reporters.... Nevada Democratic Gov. Steve Sisolak repeatedly argued that containing the virus is largely up to individuals." 

Read more: https://www.foxnews.com/us/oregon-new-mexico-order-lockdowns-other-states-consider-options

Australia back on COVID-19 alert as cases jump in southern state | Al Jazeera:

November 16, 2020 - "The Australian state of South Australia has reported 14 new coronavirus cases, a dramatic increase from the previous day, prompting other states to tighten internal borders amid concerns of a new virus hot spot. South Australia ended a months-long streak of no COVID-19 infections on Sunday, reporting three locally-acquired coronavirus cases after a worker from a quarantine hotel infected family members, the authorities said....

"Since the neighbouring state of Victoria came out of a lengthy lockdown earlier this month, Australia has had several days of no new coronavirus infections. The country has only recorded near 28,000 coronavirus infections and just over 900 deaths due to strict measures such as international and state border closures, lockdowns, mandatory social distancing and widespread testing and tracing....

"Western Australia, which borders South Australia, ordered new arrivals from the state to undertake mandatory tests and self-quarantine for 14 days; the island state of Tasmania ordered immediate self-quarantine for people who had arrived from South Australia in the past week and the Northern Territory ordered people arriving from the state to enter supervised quarantine. Local media reported passengers arriving from South Australia being in tears when told they would have to go into 14-day quarantine when touching down in Western Australia on Monday morning."

Read more: https://www.aljazeera.com/news/2020/11/16/australia-back-on-covid-19-alert-as-cases-jump-in-southern-state

UPDATE: According to today's Guardian, the current South Australian outbreak was begun by a care worker who contacted the disease in a quarantine hotel and spread it in the community. Note that the other Australian states' response has been to start packing people, infected and non-infected indiscriminately, into their own quarantine hotels. Good luck with that strategy, Australia. - gd  

New Mexico Libertarians retain major party status

New Mexico Libertarians keep major party status » Albuquerque Journal - Dan Boyd:

January 27, 2020 - "For the second consecutive statewide election cycle, New Mexico will have three major political parties. That’s because the state Libertarian Party was determined to have met the minimum requirements – by the narrowest of margins – to retain its major party status, along with the Democratic and Republican parties.

"Although the Libertarian Party did not run a candidate in the 2018 gubernatorial race – the race at the top of that year’s general election ballot – its candidates for land commissioner and secretary of state got slightly more than 5% of the total votes cast in those races. Those performances, along with the total number of registered Libertarian Party voters, were sufficient for the party to keep major party status for the 2020 election cycle, Secretary of State Maggie Toulouse Oliver wrote in a Monday letter to the party’s chairman, Chris Luchini....

"Major party status gives a party an easier path to get its candidates on the ballot, as minor parties face daunting signature requirements to land on the ballot.... 'Like most states, New Mexico does its best to disadvantage anyone who’s not on Team Red or Team Blue,' Luchini told the Journal.

"He also said the Libertarian Party already has a candidate lined up for this year’s race for the open U.S. Senate seat held by Democrat Tom Udall, who is not seeking reelection, and has two possible candidates for the state Supreme Court seats. The party is also trying to line up candidates for legislative and county-level races, Luchini said.

"In addition, the Libertarian Party will hold its pre-primary convention March 6-7, and will host a debate for Libertarian presidential candidates on April 26 in Albuquerque, Luchini said.

"Despite retaining major party status, the party still faces a daunting challenge in this year’s election cycle, as there were only 11,296 registered Libertarians statewide as of Monday – or roughly 1% of the state’s total registered voters.

"Libertarians won major party status after the 2016 general election, due to the performance of former New Mexico Gov. Gary Johnson in that year’s presidential election. Johnson, a Republican-turned-Libertarian, ... got 9.3% of the vote ... in his home state."

Read more: https://www.abqjournal.com/1414044/new-mexico-libertarians-keep-major-party-status.html
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Cannabis legalization bill filed in New Mexico

New Mexico Marijuana Legalization Bill Filed After Governor Puts Issue On 2020 Agenda | Marijuana Moment - Kyle Jaeger:

January 16, 2020 - "One day after the governor of New Mexico formally included marijuana legalization in her 2020 legislative agenda, lawmakers have filed a comprehensive reform bill that would accomplish that goal.

"The legislation, introduced by Sen. Jerry Ortiz y Pino (D) and Rep. Javier Martinez (D), would allow adults in the state to possess and purchase cannabis from licensed retailers. It also includes a number of restorative justice and social equity provisions, such as automatically expunging prior marijuana possession convictions, promoting participation in the market by small and tribal-owned businesses and providing for microbusiness licenses.

"If the measure successfully moves through the legislature and arrives on Gov. Michelle Lujan Grisham’s (D) desk, New Mexico is all but certain to become the 12th state in the U.S. to legalize marijuana, as lawmakers are convening for a short, 30-day session that starts on January 21.

"While home growing would not be legally permitted under the bill, its provisions would decriminalize the activity by making cultivation of up to three plants and six seedlings punishable by a $50 fine without the threat of jail time. Anything more than that amount would be considered a fourth degree felony....

"There are other unique provisions of the legislation. For example, it would eliminate the gross receipts tax for medical cannabis sales, mandate that recreational dispensaries service registered patients and create a subsidy program for low-income patients to access marijuana.... The 173-page bill contains a number of other regulations ... including strict advertising rules and labeling and packaging requirements. A nine percent excise tax would be imposed on recreational cannabis sales....

"The governor ran on legalizing cannabis in 2018, but while reform legislation did pass the full House of Representatives as well as a Senate committee, it ultimately stalled. Lujan Grisham later formed a working group to study the issue and make recommendations, and that panel released a report in October stating that legalization legislation should include automatic expungements and provisions to promote equity in the industry. The group also commissioned a poll that came out last month showing that 75 percent of New Mexicans are in favor of legalization."

Read more: https://www.marijuanamoment.net/new-mexico-marijuana-legalization-bill-filed-after-governor-puts-issue-on-2020-agenda/
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Albuquerque civil forfeiture struck down on appeal

Cops Can't Ignore New Mexico's Ban On Civil Forfeiture, Court Rules - Nick Sibilla, Forbes:

December 19, 2018 - "The city of Albuquerque cannot confiscate cars without a criminal conviction and must comply with a New Mexico state law that abolished civil forfeiture, the New Mexico Court of Appeals ruled this month. Under a vehicle seizure ordinance intended to combat drunk driving, Albuquerque seized hundreds of cars from innocent owners and freely admitted that “about half of the vehicles” taken “are not owned by the offender that we confiscate it from.” Confiscations were so lucrative, program revenue frequently exceeded expenses, giving police and prosecutors their own slush fund worth millions of dollars.

"Writing for a unanimous court, Judge Stephen French ruled that Albuquerque’s forfeiture program was 'wholly contrary to the language and spirit' of New Mexico’s reform, which preempted the city's ordinance 'in its entirety.' This decision joins a landmark ruling from late July that declared Albuquerque’s forfeiture program unconstitutional.

“'When we came into office, I halted vehicle forfeitures' ... Albuquerque Mayor Tim Keller said in a statement. 'During this time, our police department has ramped up other effective DWI prevention efforts to combat drunk driving and make our city safer.'

"Back in 2015, state lawmakers unanimously passed the New Mexico Forfeiture Act (NMFA) after several New Mexico law enforcement officials were caught on camera making outrageous comments about civil forfeiture. This landmark law abolished the practice throughout the state.... But several cities, including Albuquerque, Santa Fe, and Las Cruces, refused to comply. These municipalities continued to seize cars under their existing ordinances, which lacked the protections now guaranteed by state law....

"From fiscal 2009 to 2016, Albuquerque collected $11.8 million in revenue from its forfeiture program, with $3.7 million spent on salaries and benefits for the DWI Seizure Unit. Forfeiture revenue even funded the paychecks of the city attorneys who prosecuted forfeiture cases...

"To justify its noncompliance, Albuquerque argued that municipalities could 'opt-in' to the NMFA.... But Judge French ... cited the NMFA’s purposes, which explicitly stated that the law was enacted to 'ensure that only criminal forfeiture is allowed in this state.' The continued existence of Albuquerque’s civil forfeiture program 'subverts the NMFA’s clearly stated purpose'....

"In the wake of the decision, Santa Fe suspended its own DWI vehicle forfeiture program last week, which was the second largest in the state. Since the NMFA went into effect in 2015, Santa Fe seized nearly 1,600 vehicles, auctioning off 362 of them."

Read more: https://www.forbes.com/sites/nicksibilla/2018/12/19/cops-cant-ignore-new-mexicos-ban-on-civil-forfeiture-court-rules/
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Midterm results disappointing for Libertarians

The Libertarian Party Future, Perennially Out of Reach - Reason.com - Matt Welch:

January 2019: ""He's going to finish certainly no worse than second, and maybe first,' Libertarian Party (L.P.) 2016 vice presidential nominee Bill Weld enthused about Massachusetts state auditor candidate Dan Fishman in mid-October.... It looked like Weld might be onto something two weeks later when The Boston Globe took the highly unusual step of endorsing the L.P. candidate....

"Massachusetts voters declined the advice. When the smoke cleared on November 6, the would-be Libertarian auditor for the government of Taxachusetts finished not first, not second, but a distant third place, with a desultory 4.2 percent of the vote. The effort was enough to give the party automatic statewide ballot access for 2020 ... but not enough to stave off the national wave of nausea that afflicted many libertarians on election day.....

"About the only federal candidate prioritizing the budget calamity was Gary Johnson.... Running in the state he governed twice, and where he earned 9.3 percent of the presidential vote in 2016, ... Johnson was able to participate in debates and generate extensive media coverage. The first independent three-way poll in late August hinted at a shockingly competitive race: 39 percent for Heinrich, 21 percent for Johnson, and just 11 percent for Rich. And yet Election Day 2018 brought another Libertarian bummer:... Rich doubled up on Johnson, 31 percent to 15 percent....

"Political fear and loathing, it turns out, is no friend to independent and third-party candidates.... As we learned in 2016, when voters feel revulsion toward a candidate or party, they are likely to go for the alternative with the best chance to defeat the bad guy. In a high-turnout midterm like 2018, minor parties undershoot their polling projections by massive amounts.

"The most anticipated of the 22 Libertarian races for governor, for example, was rising party star Larry Sharpe in New York. An energetic, fast-talking campaigner with a preternatural talent for fundraising, Sharpe brought in an impressive $450,000.... He pulled just 1.6 percent, behind even Green Party candidate Howie Hawkins' 1.7. Yes, the L.P.  achieved state ballot access for the first time in history, but that low showing came as a demoralizing shock.

"'WTF is going on?' Wisconsin Libertarian gubernatorial candidate Phil Anderson messaged me on election night..... Anderson's pre-election polling average of 4.2 percent had collapsed to a barely visible 0.8 percent. Eight Libertarian candidates for governor were polling higher than the Democratic-Republican point spread on election eve; zero repeated the trick once the votes were counted....

"The three state legislators who had previously switched from Republican to Libertarian once in office — Nebraska state Sen. Laura Ebke and New Hampshire state Reps. Brandon Phinney and Caleb Dyer — all faced their first election wearing the L, and all lost badly.... Insurgent Wyoming state House candidate Bethany Baldes came so close to unseating incumbent Republican Majority Leader David Miller that she was erroneously reported as winner on election night, only to eventually lose by 53 votes....

"Libertarians are accustomed to being outnumbered and excel at playing long-game strategies, often far outside the cyclical sugar highs of electoral politics.... As disappointing as November 2018 felt for the L.P., the party did emerge in a stronger position for 2020, when it will be the only minor party with a spot on all 50 state ballots. American politics moves fast, so the next two years may yet feature more political libertarianism than we can currently fathom. As hard as that may be to believe after Election Day."

Read more: https://reason.com/archives/2018/12/08/the-libertarian-party-future-p

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Also read: Libertarians see progress in midterm elections

U.S. third parties marginalized in midterms

How Third Parties Are Getting Screwed This Election Season - Reason.com Matt Walsh & Alexis Garcia:

October 26, 2018 - "The 2018 midterms have been chock full of two-party shenanigans, all too often aided and abetted by journalists, pollsters, and the voters themselves.

"It all starts with ballot access. If a state government considers you a 'major party,' getting on the ballot is a snap. Worst-case scenario, you need to collect signatures from a tiny fraction of your own registered voter base. Best case, you just show up.

"Third-party and independent candidates, on the other hand, have to collect tens of thousands of signatures in some states – 15,000 to run for governor in New York, for example, including at least 100 in each congressional district. Arizona Republicans ... changed the law to say that Libertarians need to collect signatures not just from their own members but from registered independents as well. And by the way, the Green Party is subject to a less stringent set of rules.... Some states push their filing deadlines all the way back to a year before the election....

"New Hampshire this year herded all third parties under the same ballot line, confusingly titled 'Libertarians and Other Candidates.' New Mexico tried — and thankfully failed — to institute a 'straight party' ballot, meaning voters in this 3:2 Democratic state could automatically vote for all the candidates in one party by checking off just one box....

"Getting your name on the ballot doesn't mean it will be included in the polls. The Nevada race for U.S. Senate is universally rated a tossup, and yet the first three independent polls released this October failed to include Libertarian Tim Hagan...

"How about debates? Pennsylvania Senate candidate Dale Kerns was assured of a spot on stage, then uninvited. Texas gubernatorial candidate Mark Tippets was told he didn't have enough qualifying press, in part because his coverage in the Spanish-language media didn't count.... Iowa governor candidate Jake Porter, who's polling higher than any other L.P. statehouse contender, says his debate invitations were rescinded, in part because he refused to buy commercials.

"'The freer and more general the competition,' Adam Smith wrote in 1776, the more 'advantageous' it will be to the public. Competitors, he warned, will 'always' try 'to widen the market and to narrow the competition.' For too long we have allowed our system of government, that other glorious achievement from 1776, to be controlled by the market-rigging forces Smith warned us about. It's about time to make American politics competitive again."

Read more: https://reason.com/reasontv/2018/10/26/how-third-parties-being-screwed-this-ele
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CNN: Johnson campaign "could change America"

2018 election: 14 midterm races that could change America (opinion) - CNN:

October 2, 2018 - "The midterm elections, a little more than a month away, are a national drama -- with voters deciding whether Republican control of the House and Senate will give way to Democrats, who have been hankering for a chance to challenge the priorities and actions of President Donald Trump. But they are also an intensely local story as voters get ready to make their choices in 435 House and 35 Senate races and in 36 gubernatorial contests. We asked commentators to tell us which race they are watching most closely and why. The views expressed are solely their own....

"Robby Soave: New Mexico Senate race:

"Those who aren't on board with President Donald Trump's agenda but just can't bring themselves to support the Democrats have a sliver of hope in New Mexico, where former Gov. Gary Johnson, a libertarian, has entered a three-way race for a US Senate seat.

"As the Libertarian Party's candidate for president in the 2016 election, Johnson earned 3% of the vote, the best finish for a national third-party candidate in 20 years. Still, the outcome was something of a disappointment for Johnson, who had hoped to capitalize on historic levels of dissatisfaction with the two main party candidates, but instead became a punchline after a series of gaffes. (Remember, "what is Aleppo?") Afterward, he swore he was done with politics.

"But now Johnson is mounting an unlikely but far from impossible challenge to incumbent Democratic Sen. Martin Heinrich. A former Republican governor of the typically blue state, Johnson is still popular in New Mexico: A recent poll showed Heinrich leading the race at 39%, with 21% for Johnson and 11% for Republican Mike Rich. Some 30% are still undecided.

"Johnson is an economic conservative known for vetoing hundreds of bills during his first term in office. But he's also a social liberal who supports abortion rights, immigration and drug legalization. And he's no fan of the President; in fact, he said Trump's election 'could be the end of the republic as we know it.' A good showing for Johnson would be a win for the Libertarian Party, while also proving that centrist liberals, independents and Never Trump Republicans can find a compromise candidate.

"Robby Soave writes for the libertarian magazine Reason. Follow him on Twitter"

Read more: https://www.cnn.com/2018/10/02/opinions/2018-midterm-campaign-watch-roundup-opinion/index.html
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Pro-Paul PAC invests $2M in Johnson campaign (video)

Protect Freedom PAC Endorses Gary Johnson for U.S. Senate in New Mexico & Launches Statewide TV & Digital Ad Campaign - Protect Freedom PAC:

October 5, 2018 - "Protect Freedom PAC is announcing its endorsement of Gary Johnson for U.S. Senate in New Mexico. The organization has launched a $2 million statewide campaign on broadcast, cable, and satellite TV, as well as on digital.

"Protect Freedom PAC consultant and spokesman Michael Biundo stated:

Gary Johnson is the independent, conservative voice that Washington needs. Gary has a strong record as New Mexico's Governor of keeping his promise to cut taxes, shrink state government, and reduce spending. He will be an effective ally to Senator Rand Paul in the United States Senate at a time where voters are hungry to defeat the Washington machine, drain the swamp, and take back our country. We are excited to endorse Gary today and look forward to working towards victory in November.

[The Protect Freedom PAC was founded in 2017 to support 'current and future allies' of U.S. Senator Rand Paul. Paul endorsed Johnson in August 2018. - ed.]

Amend constitution because of Gary Johnson, NM Democrat writes

Johnson’s super PAC: The case for campaign finance reform | My View | santafenewmexican.com - Dede Feldman, Santa Fe New Mexican:

September 14, 2018 - "On Aug. 21, former New Mexico Gov. Gary Johnson officially announced his U.S. Senate candidacy at an event hosted by the super PAC that supports him, Elect Liberty.

"Elect Liberty paid for the venue, invited guests, fundraised in support of him, and Johnson promoted their/his event on his social media channels. How can a PAC that is not supposed to coordinate with a candidate throw an announcement party for him? The answer is a United States Supreme Court case, when it ruled in favor of the conservative group Citizens United against the Federal Election Commission.

"How could Elect Liberty hold Gary Johnson’s kickoff event? The Federal Election Commission decided that candidates could appear at PAC events as long as they are labeled 'special guests.' In fact, not only can candidates attend a PAC event, but they can fundraise as long they don’t ask for more than $5,000. Then, as soon as the candidate leaves the room, a super PAC official can ask attendees for a $1 million check....

"Elect Liberty ... PAC was created and is run by Johnson’s former campaign manager and decades-long associate, Ron Nielson. Are we really expected to believe that one of Johnson’s longest-serving advisers, the man he chose to run his 2016 presidential race and is in charge of a PAC that supports him, operates independently of the official campaign?

"Optics aside, everything Johnson is currently doing is legal. But that’s one of the fundamental problems.... While it should come as no surprise that Johnson — who supports the Citizens United ruling and unlimited campaign contributions — would use these loopholes, it’s a system that encourages candidates to skate around the edges of the law.

"Gary Johnson and the Elect Liberty PAC are a textbook case for why we need a constitutional amendment to overturn Citizens United. Both of New Mexico’s U.S. senators support the effort, including Martin Heinrich, D-N.M., who is running against Johnson. New Mexicans should be mindful of this when deciding which candidate shares their beliefs on the role of money in politics."

Read more: http://www.santafenewmexican.com/opinion/my_view/johnson-s-super-pac-the-case-for-campaign-finance-reform/article_dc564bad-ec05-5bf1-8a4a-b7a89cf7038c.html
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PAC backing Gary Johnson polls him at 28%

"Johnson Gaining Ground" - Media Advisory, Elect Liberty PAC:

September 26, 2018 - "Former Gov. Gary Johnson is closing the gap in the [New Mexico 2018 U.S.] Senate race, according to a recent poll. A survey conducted September 20-24 by NSON Opinion Strategy, places Johnson ahead of the Republican by 18 percentage points – and 7 points behind the incumbent. The NSON poll of 932 likely voters has Heinrich at 35%, Johnson at 28%, and Rich at 10%, with 20% undecided....

"NSON's R.T. Nielson said, 'These results, more than six weeks before the election, show the New Mexico senate race to be very much in play.... Gary Johnson now has a realistic possibility of winning this election.

"'The favorable / unfavorable results for Johnson and Heinrich are almost identical. The Republican candidate's name [recognition] is dismal, with 80% of voters having never heard of him or having no opinion.

"'Across the country, primary elections have shown voters to be very engaged and motivated, a factor some polls have failed to capture. Millenials and independent voters tend to be "under-counted," and those are both groups with whom Governor Johnson appears to be doing very well.'

"Data collection was conducted by Lux Research of registered voters.... Data was balanced according to age, gender, ethnicity, congressional district, and party."

Read more: https://electliberty.com/frequencies-sept-26/
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NM Supreme Court KO's one-punch voting option

Court Rejects Johnson-Blocking Straight-Ticket Ballot Change in New Mexico - Hit & Run : Reason.com - Matt Welch:

September 12, 2018 - "In a 5-0 decision that removes a late-breaking obstacle from Libertarian Party nominee Gary Johnson's insurgent Senate bid, the New Mexico Supreme Court today struck down a unilateral move two weeks ago by Democratic Secretary of State Maggie Toulouse Oliver to reinstate the Land of Enchantment's 'straight ticket' ballot option, whereby voters can select a political party's entire slate of candidates by filling out just one oval.

"The New Mexico state legislature — with the signature of then-Gov. Gary Johnson — had in ... 2001 repealed the part of the election code specifying that ballots had to 'permit each voter…to vote a straight party ticket in one operation.' It took the 2010 election of a Republican Secretary of State, Dianna Duran, to finally remove the one-punch option from the state's ballots, after which Democratic lawmakers have periodically tried and failed to legislate the option back....

"Oliver ... provoked widespread claims of partisan skullduggery with her Aug. 29 decision, which came without so much as a single public hearing.

"'Until the legislature makes a decision one way or the other, the Secretary of State cannot,' Chief Justice Judith Nakamura said when handing down the decision. 'This power is theirs alone, and the Legislature has indicated its intent to thoroughly regulate how ballots appear.'

"The successful court challenge was filed by the state Libertarian and Republican parties, as well as Democratic write-in candidate Heather Nordquist, and the independent-supporting Unite New Mexico....

"The state Supreme Court decision comes just a week after the 6th Circuit U.S. Court of Appeals reinstated Michigan's 2015 legislative ban on the straight-ballot option, and seems to cement the notion that courts aren't fond of either bureaucrats or judges usurping the will of state legislators when it comes to this type of voting mechanism. Combined with the recent trend of states dropping the device, one-punch will now only appear in eight states this November: Alabama, Indiana, Kentucky, Oklahoma, Pennsylvania, South Carolina, Texas (which is ending the practice in 2020), and Utah."

Read more: https://reason.com/blog/2018/09/12/court-rejects-johnson-blocking-straight
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NM Libertarians replace SoS candidate

NM Libertarians nominate new secretary of state candidate | LAMonitor.com - Tris DeRoma, Los Alamos Monitor:

September 5, 2018 - "The Libertarian Party of New Mexico replaced its secretary of state candidate Sandra Jeff with Ginger Grider, of Portales, a known Libertarian Party activist and an advocate for medical marijuana and voting-rights issues. According to LPNM’s chairman, Chris Luchini, Jeff left to pursue a position with the Navajo Nation.

"Luchini said Grider was chosen because of her familiarity with the straight-party ticket voting issue.  Last week, the LPNM, the Republican Party of New Mexico, a state Democratic write-in candidate for the 46th District and others challenged New Mexico Secretary of State Maggie Toulouse Oliver in New Mexico Supreme Court to prevent her from creating ballots to allow for straight-ticket voting....

"Luchini also said Grider is knowledgeable about New Mexico party status law. According to Luchini, Toulouse Oliver is threatening to take New Mexico Libertarian’s major party status away because the party no longer has a gubernatorial candidate on the ticket for this election. Luchini claims Toulouse Oliver’s interpretation of the state statutes governing state party status is incorrect, along with the legal opinion of former Democratic Attorney General Tom Udall. Luchini and Libertarians have interpreted the law to say a party loses major party status if a party fails to run statewide or federal candidates for office.

"A party can also lose major status if it fails to capture [at least] 5 percent of the vote statewide in a race for president or governor and that one percent of New Mexican voters register as Libertarian. In 2016, Libertarian candidate Gary Johnson, who is now on the ballot as the LPNM’s choice for U.S. senator garnered more than 9 percent of the vote in New Mexico when he ran for president in 2016. More than 1 percent of New Mexico voters also registered as Libertarians."

Read more: https://www.lamonitor.com/content/nm-libertarians-nominate-new-secretary-state-candidate
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NM LP & GOP sue to stop straight-ticket voting

Justin Amash: 'Straight-Ticket Voting Makes it Prohibitive to Run Outside of the Major Parties' - Hit & Run : Reason.com - Matt Welch:

August 30, 2018 - "The Libertarian Party of New Mexico has joined the state Republican Party's lawsuit to block yesterday's decision to reinstate the 'straight ticket' ballot option. With straight-ticket voting, [registered party voters] can choose a political party's entire slate of candidates by filling in just one blank.

"Critics have derided the move as a brazen attempt by an elected Democrat in a heavily Democratic state to blunt a historic challenge by the Libertarian Party's U.S. Senate candidate, Gary Johnson.... New Mexico L.P. Chair Chris Luchini called the change an 'abuse of power via executive fiat'....

"The move was also criticized by Michigan Rep. Justin Amash, a libertarian Republican, who serves in one of the nine straight-party states in the country. 'Straight-ticket voting makes it prohibitive to run outside of the major parties,' Amash told me....

"Libertarians, independents, and other third-party candidates face a blizzard of obstacles in getting on ballots, into polls, and onto debate stages. Straight-ticket states add the wrinkle of simplifying the voting process for their major-party competitors, particularly in down-ballot races. Registered Libertarians in New Mexico are outnumbered 66 to 44 to 1 by Democrats and Republicans, respectively, while the 22 percent of registered voters there without a party affiliation have to go through the trouble of selecting each candidate rather than voting just once for their entire team....

"New Mexico Secretary of State Toulouse Oliver, who made the decision to reinstate straight-ticket voting, is running for re-election against Republican nominee Gavin Clarkson. In a statement today, Clarkson pointed out that [Oliver is] reversing a legislated repeal of the practice that was signed into law by none other than Gary Johnson....

"'Maggie Toulouse Oliver's unilateral and likely illegal straight-party ballot decree is an attack on our democracy and the rule of law. Sadly this act of voter suppression is just another cynical example of the abuse of power in the service of extreme partisanship....

"'Straight-party voting was repealed in 2001 by a Democratic legislature and a Republican governor, Gary Johnson. Specifically, House Bill 931 repealed Section 1-9-4 of the Election Code, which permitted each voter 'to vote a straight party ticket in one operation.' That was the only law authorizing straight party voting in New Mexico, and it has been gone for nearly two decades.

"Since then, the people's elected representatives in the legislature have refused to reinstate it..... Legally speaking, the Secretary of State simply doesn't have the authority to unilaterally make laws, especially against the expressed will of the legislative branch as she is now attempting to do.'"

Read more: https://reason.com/blog/2018/08/30/justin-amash-straight-ticket-voting-make
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Gary Johnson places second in Senate poll

Poll finds Libertarian Senate candidate running ahead of GOP in New Mexico | TheHill - Megan Keller:

August 20, 2018 - "Libertarian Party Senate candidate Gary Johnson is polling at 21 percent in New Mexico, behind Sen. Martin Heinrich (D-N.M.) but with nearly twice the support shown for GOP candidate Mick Rich in the poll.

"An Emerson College poll released Monday showed Heinrich winning 39 percent on the sample ballot while Rich only took 11 percent. Thirty percent of those polled were undecided.

"Johnson has high name recognition in the state. He's a former governor and won attention for his presidential run in 2016....

"A 21 percent showing would mark the second-highest vote total a Libertarian Senatorial candidate has ever received, Reason reports. Joe Miller garnered 29 percent of the vote in 2016 while running for the Senate in Alaska.

"The Emerson poll also found that New Mexico Republicans slightly favor Johnson above Rich, at 27 percent to 25 percent respectively. However, Johnson's advantage is within the poll's margin of error.

"The numbers are especially difficult for Rich as Johnson only announced his candidacy on Tuesday....

"'What a crazy, wacky world we live in,' Rich told the Santa Fe New Mexican last week, arguing that Johnson is 'more in sync with [Vermont Sen. Bernie Sanders] than he is with Republicans.'

"Emerson College's poll has a margin of error of plus or minus 4.6 percentage points and was conducted ... Aug. 17-18 with a sample of 500 registered voters."

Read more: http://thehill.com/homenews/senate/402715-poll-gary-johnson-at-21-in-senate-race-nearly-twice-as-much-as-gop-nominee
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Civil forfeiture unconstitutional, federal judge rules

Judge Rules Albuquerque Civil Forfeiture Law Unconstitutional, Upholds Innocent Until Proven Guilty - Forbes - Nick Sibilla, Institute for Justice:

August 1, 2018 - "In a landmark decision, a federal court ruled that Albuquerque’s civil forfeiture program 'violates procedural due process' because it forced hundreds of property owners to prove their own innocence.... Judge James Browning also found that the city’s 'forfeiture officials have an unconstitutional institutional incentive to prosecute forfeiture cases'.…

"Back in 2014, the Institute for Justice and The New York Times exposed a vehicle forfeiture conference where New Mexico law enforcement officials made a series of startling statements, including calling civil forfeiture a 'gold mine' that offered 'little goodies.' Spurred in part by those Kinsley gaffes, lawmakers unanimously approved legislation to abolish civil forfeiture throughout the state. When the law took effect in July 2015, New Mexico became the second state (following North Carolina) to only allow criminal forfeiture, which requires a criminal conviction to forfeit property. Yet Albuquerque refused to comply with the new state law, and continued to seize cars under its municipal forfeiture ordinance....

"Arlene [Harjo] had to fight to save her car from civil forfeiture, almost a year after New Mexico had abolished the practice.... Unlike criminal cases, where defendants are presumed innocent and the government must bear the burden of proof, under Albuquerque’s civil forfeiture ordinance, Arlene had to prove her innocence....

"Arlene joined with the Institute for Justice and sued the city in August 2016 to win back her car. Just a few months after she filed her lawsuit, Albuquerque returned her car [but] her challenge continued, culminating in her legal victory on Saturday....

"Judge Browning declared that the city’s forfeiture program was unconstitutional for two main reasons. First ... Albuquerque’s forfeiture program 'violates due process by depriving car owners of their property unless they prove their innocence,' which creates an 'unconstitutional risk of an erroneous deprivation.' He cited the U.S. Supreme Court’s decision in Nelson v. Colorado, which invalidated a Colorado law that required criminal defendants whose convictions had been overturned to prove their innocence in order to recover court costs and fees.....

"Second ... the city has 'an unconstitutional institutional incentive to prosecute forfeiture cases because, in practice, the forfeiture program sets its own budget and can spend, without meaningful oversight, all of the excess funds it raises from previous years'....

"As the U.S. Supreme Court ruled almost 40 years ago in Marshall v. Jerrico, 'A scheme injecting a personal interest, financial or otherwise, into the enforcement process may ... in some contexts, raise serious constitutional questions'....  Directly quoting from the Marshall decision, Browning concluded that there is a ‘realistic possibility’ that forfeiture officials’ judgment ‘will be distorted by the prospect of institutional gain'."

Read more: http://gdspoliticalanimal.blogspot.com/2018/08/civil-forfeiture-unconstitutional-nm.html
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Gary Johnson declares for U.S. Senate

Former Libertarian candidate Gary Johnson running for U.S. Senate - CBS News:

August 14, 2018 - "Former Libertarian presidential candidate Gary Johnson began his campaign Tuesday to unseat New Mexico's junior Democratic senator, seeking political opportunity in the space between Democrats and voters loyal to President Donald Trump.

"Johnson, a former two-term governor of New Mexico, was added to the state's list of Senate candidates as final paperwork was being filed with election officials. His campaign manager said a formal announcement would come soon.

"Johnson remains popular in New Mexico.... [His] 2016 presidential bid as a Libertarian sputtered after a live-television gaff on foreign policy. Democrats saw the presidential run, with currents of social liberalism, as a bane to their party, even as Johnson criticized Trump for his treatment of women and border-wall proposal.

"Elected and re-elected governor of New Mexico as a Republican, Johnson stayed true to a small-government philosophy while vetoing more than 700 bills. His open advocacy for legalized marijuana broke mainstream 1990s political taboos and made him a national curiosity....

"Rod Adair, a Republican political strategist and former state senator, said Johnson's reputation for disciplined, business-savvy governance and as an independent thinker ... 'seems to be right in the wheelhouse of measurable disgust with both the left and the right. He may be the perfect third-party option right now.'

"Johnson, a 65-year-old fitness enthusiast who has summited Mount Everest and this summer completed a grueling 2,700 mile (4,350 kilometer) bicycle race along the Continental Divide, says Democrats and Republicans alike are guilty of deficit spending and military overreach that he says limits economic freedom.

"A campaign ad rolled out Monday by the Elect Liberty PAC touts Johnson's image as a self-made businessman who is disciplined and competitive....

"Registered Libertarians make up a tiny sliver of the New Mexico electorate — less than 1 percent of registered voters..... Democrats dominate voter registration rolls, but the state has swung back and forth between Republican and Democratic governors for decades."

Read more: https://www.cbsnews.com/news/former-libertarian-candidate-gary-johnson-running-for-u-s-senate/
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Dunn quits Senate race in NM; Johnson may run

The Latest: Libertarian US Senate Hopeful in New Mexico Out | New Mexico News | US News:

July 30, 2018 - "Aubrey Dunn, the Libertarian Party U.S senatorial candidate in New Mexico, has announced he is quitting the race, opening the door for former New Mexico Gov. Gary Johnson to jump in.

"Dunn said in a statement Monday that he wanted to focus on his current job as New Mexico land commissioner and that a water crisis in southeastern New Mexico demanded his 'full attention.'

"Dunn called upon former New Mexico governor and Libertarian Party presidential candidate Gary Johnson to take his place as the Libertarian candidate for the New Mexico seat. Dunn says Johnson is willing to replace him if the Libertarian Party State Central Committee nominates Johnson as his replacement.

"Johnson consultant Ron Nielson told The Associated Press on Friday the former governor is 'strongly considering' running if Dunn quits the race."

Read more: https://www.usnews.com/news/best-states/new-mexico/articles/2018-07-30/the-latest-libertarian-us-senate-hopeful-in-new-mexico-out
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