Meanwhile, our correspondent in New Mexico reports that yesterday Ralph Nader was both on and off the ballot. Judge Wendy York, who had ruled Mr. Nader off the New Mexico ballot last week, withdrew her ruling after Albuquerque media reported that she had contributed $1000 to Senator Kerry’s campaign, so as of yesterday morning Mr. Nader was on the ballot. The case was reassigned to Judge Theresa Baca, who that afternoon ruled Mr. Nader off the ballot. (She had given $250 to Democratic senate candidates, but had not contributed to Senator Kerry’s campaign.)
The theory used by Judge York, and followed by Judge Baca, was that as Mr. Nader has accepted the affiliation of parties in other states, he cannot be on the New Mexico ballot as an “independent,” i.e., as someone without party affiliation.
It brought to mind a question: for years Minnesota didn’t have a Democratic Party, but had something called the Democratic-Farmer-Labor Party, affiliated with the national Democratic Party. I don’t know if it still exists as a separate party. If it does, then under the New Mexico theory, can John Kerry appear on the ballot in New Mexico as a Democrat if he’s appearing in Minnesota as a DFL? I should spend more time thinking about work instead.

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I’m certain smaller technicalities have occured in our system….this one would prove quite interesting though.