Riddle plans ballot lawsuit

Says all parties should be given equal privileges

by Katie Burford
Herald Staff Writer

Article Last Updated; Wednesday, November 11, 2009 12:10AM

Riddle

La Plata County Commissioner Joelle Riddle said Tuesday that she will sue to get her name on the ballot in 2010.

Currently, Riddle, who disaffiliated from the Democratic Party in late August, would have to run as a write-in candidate after inadvertently missing a deadline to change her registration.

Riddle said no such deadline exists for candidates of the state’s two major political parties, which she called discriminatory.

“I seek to remedy this burden that falls unequally on small political parties and independent or unaffiliated candidates, unfairly discriminating against them and not affording them the same privileges as the major political parties,” she wrote in a statement announcing her decision Tuesday.

In a phone interview, Riddle said as a write-in candidate, the odds would be stacked against her.

“I think I had resigned myself, but in the process of continuing to dig and learn more about it, I just discovered this inequity,” she said.

Durango attorney William Zimsky will represent Riddle pro bono in the lawsuit, which he said will be filed in federal court in Denver by the end of the week.

“This statutory scheme is discriminatory because it has a different set of rules for minor parties and independents,” he said.

The lawsuit, which Zimsky said will name La Plata County Clerk Linda Daley as the defendant because she deals with the candidate petitions, seeks to have the language in the law that gives major political parties the ability to set their own deadlines declared unconstitutional.

Removing the time limitations would open the door for Riddle to petition on the ballot.

“I work for all citizens of La Plata County regardless of their affiliation and believe I can do so more effectively as an Independent County Commissioner, and I would like an equal opportunity to be on the ballot as such,” she said her statement.

The state law keeping her off the ballot says candidates must change their registration with the county clerk’s office at least 12 months before their petition for candidacy is filed.

The deadline for petitions is 140 days before the election.

For Riddle, that would have meant changing her status in June, about two months before she did.

Riddle didn’t realize at the time the decision would prevent her from being on the ballot but has said she doesn’t regret it.

Now she is going after the law barring her from the ballot.

“I’m thrilled to be bringing this issue forward. I think it’s something we need to talk about,” she said.

Riddle, who had previously served as chairwoman of the Democratic Party, was elected in 2006, when she defeated incumbent Republican Sheryl Ayers, 9,453 votes to 8,480 votes.

Her disaffiliation came after several controversial votes, including on a resolution calling for federal regulations of chemicals used by gas and oil companies to fracture rock in drilling wells.

She joined Republican Commissioner Kellie Hotter to defeat the nonbinding resolution.

She also was criticized for placing a campaign sign for Hotter outside her Durango home.

Since her disaffiliation, three Democrats have expressed an interest in her seat: Chris Dolphin, a resident of southern La Plata County; former Durango City Councilor Scott Graham; and Bruce Baizel, an attorney for the Oil and Gas Accountability Project.

kburford@durangoherald.com

Thursday, November 19, 2009
at 2:37:37 PM

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Sal Peralta says...

As the Secretary of the Independent Party in Oregon, I see no problem with Ms Riddle describing herself as an "independent". The term has often been used to describe those who are not affiliated with any party.

Regarding her lawsuit: I suspect that it has merit. The state has an obligation not to treat those who are not affiliated with any party as second-class citizens when it comes to running for public office, or voting in our election.

Good luck, Ms Riddle!
Wednesday, November 11, 2009
at 10:12:13 PM

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County Taxpayer says...

Just when I thought this ballot drama would go away, a new distraction comes in the form of a lawsuit. Now, with the pro bono help from respected counsel, Ms. Riddle can blame an unfair system for her ballot plight. Win or lose, it will not change the fact that she is fully responsible for creating her own untenable position.
Wednesday, November 11, 2009
at 6:47:30 PM

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Jim Campbell says...

It should be noted that the third parties also have deadlines for affiliation which may or may not correspond to those deadlines stipulated by the two major parties. Is that also unfair? While independent thinking is to be commended, capitalizing Independent suggests that either Joelle (not Jolene) or the Herald thinks she is an Independent (as in Independent Party). She is not. Joelle is not representing the people of La Plata County, she is representing her own self-serving interests.
Wednesday, November 11, 2009
at 12:14:02 PM

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dgojill says...

Riddle should have had the foresight to research her options and the effect(s) her choices would have upon her re-election bid before dis-affiliating from the Democratic party. Riddle's suit against Linda Daley is nothing more than sour grapes. Those who neglect to think before they act get to live with the results!
Wednesday, November 11, 2009
at 9:04:16 AM

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Joel Devin says...

Nothing wrong with independent thinking. Also, I don't think Joelle said she was the memeber of the Independent party. I think just used the word 'independent' which implies that she is not affiliated with either party.
Also, I don't think Joelle is suing Linda Daley for anything. Linda is just the person who legally needs to be named because of her position. Joelle isn't attacking anyone in this lawsuit, she is just trying to be treated equally as an independent. I really don't think parties are important at a local level and I hope Joelles lawsuit will eliminate discriminitory practices in this regard.
Wednesday, November 11, 2009
at 8:59:16 AM

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d_mand@rocketmail.com says...

I don't think the idea is to go after Linda Daly, but she is the one in charge of the elections in LP county. Riddle is correct that it is not fair for the D and R parties to not have to adhere to the same guidelines for elections as she does. Why is it fair that only the 2 major national parties can have different deadlines?

I hope Riddle wins, starting with local elections we need to elect people that we like, not elect people just because they belong to a certain party. If electing third party candidates was to spread to the national political spectrum maybe we wouldn't have the corruption that we do in the highest levels of government.......

Good luck Jolene!
Wednesday, November 11, 2009
at 7:27:33 AM

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wildspiritrose@gmail.com says...

just as looking ahead might be important for our water quality, looking ahead on accepted election law might be important also

is there a pattern here?
Wednesday, November 11, 2009
at 7:21:45 AM

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Jim Campbell says...

Attacking Linda Daley for carrying out her job is ridiculous. Apparently Riddle is looking for the publicity since she is suing a person who doesn't have the resources to fight this nonsense suit. Why not go after the two major parties, rather than the person implementing them? After all that's where the rules came from. As former Democratic chair, Riddle should have known the rules or known to look at the rules prior to disaffiliating. She made a rash act without exploring the consequences of her actions and now is looking for someone else to blame. Also Riddle needs to quit calling herself an Independent. While there is an Independent Party, it is not a registered party in Colorado. Riddle is no longer affiliated with any party.