"Off the ballots of the people"
UPDATE:
With the probability that the case of the candidacy for First Judicial District Attorney before the Federal District not being heard before September, there is a growing possibility that the issue of being placed on the ballot ( and thereby prove the constitutional qualification and no other) may turn moot.
The Attorney General argued that the case is already moot. The Democratic Primary is over, Campbell didn’t win, and case should be dismissed. Despite solid evidences of fraudulent signatures, and and other irregularites, Joe Campbell lost the election and under theory the Attorney General presented, integrity and ethical responsibilities fall a far second to political expedience-- the result of which is a predicted outcome; and where the State and internal “charter government” provide exclusion; and a legitimacy to a badly broken system-- up and down the Judicial process. It is disparaging upon the people. It proves no balanced character in the pursuits of justice. And like a system in auto-drive, it sustains defects as equal to all--and therefore ‘equal”. We are reminded that equally bad is not the same as equal justice. Adminstration of justice provides many challenges, and many responses to family crisis, domestic issues, traffic laws, and criminal behavior.
An answer was provided the Federal court. It maintained that the additional qualification of Chavez that “learned in the law “is substantially the same as licensed” is not only unconstitutional byut is a specious act-- violating Federal laws. The responsibility of correcting the decision fell to the Supreme, which unfortunately from this perspective, abdicated and denied decision without reason. The answer further provided that the State officials were neglecting their duty to conduct elections without fraud, irregularity, and preferences. The answer further provided that theer are possible settlement issues--but first was he absolute legal clarification of Chavez be.
The Attorney General responded that the briefs of issue was complete. The Governor’s office provided an appearance, and a response which was substantially a lsiting of legal defenses without any specifics. I called them and stated that the Governor is an indispensable party. It is his administration that is conducting the elections. It is his proclamation signed by his hand that set forth the apparatus of the future government of New Mexico. There is no reason why I or any other citizen should be foreclosed from public office by statutory schemes. They do not equate to the simple measure of one person one vote.
So we await the decision of Chief Judge Vazquez of the New Mexico Federal District.
Previously ( for the record)
The Supreme Court of the State did what was unthinkable in the
nominations challenge in the District attorney's race. It denied that
mandamus that was petition to restore the name "Eliot P. Gould" to the
ballots of the June 3, 2008 Democratic primary. The ruling sanctioned the
District Court's finding that while I was "learned in the law", I was
disqualified for not being licensed.
As I had presented in the District Court, I presented to the Justices.
the qualification is toward an elective office. The state constitution is
apt for a variety of reasons to provide the qualification to
include "learned in the law" with age requirements, residency
requirements, and natural signatures of the people. Such is part of the
progress of democracy and the unfolding freedoms which we as a nation can
share. the license question is not relevant as the office is direct to the
people for a term. In this case, 2009-2012.
I tried to preserve the straight-forward reading of the constitution
with regard to being "learned in the law". I provided that any other
reading provided an imbalance in a superior law of elections and
constitutional right to vote. I offered that extended the right to vote
was also an assurred right to seek public office.
Well they mopped the floor with me. Denied, I could only wonder what
part of elections to be equal in each phase of the ballot process was
misunderstood? ON is equal. Off is not.
All the other is legal argument passing the reality with legal fiction.
In the meantime it is as if the Great experiment of Democracy has
transformed into a generation of selected few and excluded others.
Denied, I again applied to the justices--for reconsideration-- but I
held little optimism. Of course a couple days later I received the denial
for oral hearing and reconsideration.
On is equal. Off is not.
It's real simple--if there is constitutional integrity. Devising a
an exclusion rule or procedure which then effects the outcome, that is not
the basis of integrity. Sadly, it speaks of the future of justice. And the
whole of public safety.
March 2008
CAMPAIGN OFFICE at SENA PLAZA, SANTA FE
The Campaign committee was pleased to announce the opening of the campaign office in the historic trail's end of the Santa Fe trail. The location is directly across from the Cathedral of St. Francis and within easy walking distance of the Statehouse and the Palace of the Governors.
Donations are appreciated. Any contributions are accepted by the Citizen's Committee shall be in accordance to the election standards and statutes of the State.
Please note that contrubtions are not deductible for tax purposes.
Personal Contributions are also invited. They aren't tax deductable, but they can go a long way for public service.
Were still updating the article for a new book a compilation of published and new articles. Articles on elections, environments and justice will be compiled in a book form. Some of the readings are linked on the web site--if you want the free on-line version. But you might find them as a draft of the published book.
We still have some CD-Rom's available from the 2003 Book "Implementing Change in Emergency Management". In light of Katrina, an event two after after submission for Innovation Award, the substance of the mitigation by exercise and full scope planning is even more apparent. The cases before the US Supreme Court and exerpts of the historical veiws of late Chief Justice Rehnquist and former Associate Justice O'Connor stands as a highlight .
The availability of the articles are as they are. They may now be particularly dated by events that not longer present, but they present a continuity.and More, they help in displaying the character and quality with which the pursuit of publc office takes place. If you would like to reserve a book , or get CD Rom just email or write:
Eliot Gould for
First Judicial District Attorney
354 1/2 Calle Loma Norte
Santa Fe, NM 87501-1279
My best regards
ELIOT GOULD | 
