Ulibarri stands firm on challenge

Copyright © 2008
Gallup Independent
By Helen Davis
Cibola County Bureau

GRANTS — State Sen. David Ulibarri, a Democrat and incumbent for the District 30 senate seat, and his attorney filed the senator’s proposed findings of fact and conclusions of law in the Santa Fe district court yesterday in response to a Tuesday ruling.

District Court Judge James A. Hall ruled earlier this week that Ulibarri, in his petition for writ of mandamus, failed to show cause that the senator’s Republican opponent, Jose Silva, should be removed from the fall ballot.

Ulibarri filed the petition on Sept. 3, challenging Silva’s right to remain on the ballot because of his address and registration, and challenging Secretary of State Mary Herrera’s ruling that Sliva could still run.

According to Ulibarri’s petition, provided by his attorney, Eric Sedillo Jeffries, Silva does not qualify for a place on the fall ballot because he was not registered in the district at the time of the governor’s election proclamation on Jan. 28.

New Mexico Statutes and Courts Rules section 1.8.18 say that a candidate must be registered with the party he/she wishes to run under and must be registered to vote in the district he/she wishes to serve at the time of the proclamation. Silva did not register in District until March 17, 2008.

The Santa Fe ruling stated that challenges to a candidate’s right to run must be presented within 10 days of the candidate’s declaration, which would have been in February of this year. The ruling also stated that as a successful candidate in the primary, Ulibarri did not have the right to challenge Silva’s candidacy. Should Ulibarri lose the November election, he could, as an unsuccessful candidate, challenge Silva’s qualification.

Ulibarri’s petition claims that Silva’s residence, “by intent and physical presence” was not only not in the district but also was outside of it, in Albuquerque. The petition stated that Silva’s “fraudulent concealment of his true residency” should allow Ulibarri’s petition in spite of the 10-day limitation.

Silva, who works as an engineer for the state highway department, said he was transferred to District 30 for his job in April 2007 and has lived in transitional housing, such as renting a room in an established home, in the district until recently.

The Republican candidate said his work requires that he travel within the state.

Silva stated that he sold the residence Ulibarri is concerned about several years ago when he was divorced. The candidate added that when the private investigator working for Ulibarri’s case visited the home, the current residents told him they did not know of Silva.

The judge’s ruling on Ulibarri’s petition also found that Herrera had decided ruled correctly in the secretary of state’s finding that Silva should remain on the ballot.
Ulibarri said only “Win some, lose some,” and referred all questions to Jeffries.

Silva was a guest at a casual Republican Party potluck in a supporters home in Grants, discussing local issues and awaiting developments.