Morper v. Oliver (Published Opinion)Annotate this Case
Anastacia Morper sought preprimary designation as a candidate for the office of United States Representative from New Mexico’s Third Congressional District at the 2020 Republican Party Pre-Primary Convention. The Secretary of State invalidated forty-four of Morper’s nominating petitions because those petitions omitted the heading “2020 PRIMARY NOMINATING PETITION,” which the Secretary deemed to be critical information required by law. By extension, the Secretary invalidated the signatures on those forty-four nominating petitions. In doing so, the Secretary invalidated over seven hundred signatures, leaving only forty-three signatures on the five nominating petitions the Secretary did not invalidate. The Secretary informed Morper that she had not received the “minimum number of signatures required” to be “qualified as a candidate” for the preprimary convention. Morper appealed the Secretary’s decision to the district court. The district court upheld the Secretary’s decision concluding that “the Secretary of State has the right to reject . . . nominating petitions that were not on the form prescribed by law.” The Supreme Court reversed. "We appreciate that the reviewing official at the Secretary’s office may have been required to give the nominating petitions that Morper filed more than a cursory glance to ascertain that the petitions were in the form that Section 1-8-30(C) prescribes, contained the information that Section 1-1-26(A) requires, and were identical to the Secretary’s Form except for the omitted heading. However, this additional attention does not justify the Secretary’s argument that allowing her to invalidate any form that omitted the heading that she approved—regardless of whether the remainder of the form is identical to the Secretary’s Form—protects the integrity and fairness of the elective franchise."