A lawsuit filed this summer by three state lawmakers alleging a conspiracy between the challengers who knocked them out in a June primary and several nonprofit organizations has been thrown out of court.

District Judge Linda M. Vanzi dismissed the lawsuit Wednesday, saying it lacked standing.

In a six-page ruling, Vanzi wrote that the lawmakers “do not allege that their names were left off the ballot, that the voters were miscounted, or the ballots misplaced. Nor do they allege that any voters were disenfranchised. Rather they allege a widespread conspiracy between certain nonprofit entities, their directors and the successful candidates.”

Vanzi also noted the lawsuit misidentified several defendants, at one point identifying an organization that no longer exists.

Two of the nonprofits applauded the judge’s verdict Thursday and called the state lawmakers’ complaint frivolous.

“This lawsuit was nothing more than an attempt to muzzle nonprofit organizations from educating the public about how their legislators vote,” said Matt Brix, policy director for the Center for Civic Policy. “We look forward to continuing our work, including educating the public about how elected officials vote and from whom they receive contributions.”

Robbie Rodriguez, executive director of the SouthWest Organizing Project, another defendant, added that ”This lawsuit was an attempt to silence the work we have consistently done for many years to hold elected officials accountable to the public. We are pleased that the judge saw through the frivolous nature of the lawsuit by these three disgruntled legislators and dismissed it out of hand.”

But two of the three state lawmakers who sued — state Rep. Dan Silva and fellow Democrat state Sen. James Taylor — said they weren’t giving up the fight.

“I hope we appeal,” Silva said. “I am ready to fight all the way.”

Taylor agreed, saying, “It’s not the end of the road.”

The third lawmaker, state Sen. Shannon Robinson, also a Democrat, could not be reached for comment, but he told KUNM radio that he believed Vanzi is politically aligned with the nonprofit organizations and was not surprised by her ruling. Robinson said he will take the case to the state Supreme Court and expects a different result there.

Vanzi was appointed last week to the state Court of Appeals by Gov. Bill Richardson.

In announcing his appointment, Richardson said “Judge Vanzi has proven she has the skills to serve the people of New Mexico as an appellate judge. She stands out and is known for being fair and competent, I am confident that Linda Vanzi will be a tremendous addition to the Court of Appeals.”

At the heart of the lawsuit were mailers sent out by the nonprofit organizations to constituents in the lawmakers’ districts months before the June 3 primary.

The mailers criticized the lawmakers’ voting records on several issues. Ultimately, Sen.-elect Eric Griego defeated Taylor by 24 percentage points, Sen.-elect Tim Keller defeated Robinson by 32 points and Rep.-elect Eleanor Chavez defeated Silva by eight points.

The lawmakers sued following their defeat, accusing the nonprofits of electioneering –- which they are prohibited from doing by their 501(c)3 status –- as well as conspiring with the challengers to hide money that paid for the mailers.
Meanwhile, the secretary of state’s office, advised by the state attorney general, required the nonprofits to register earlier this year as political action committees, which have stricter rules for reporting contributions. Nonprofits do not have to report who their donors are.

The nonprofits have not registered and it was unclear Thursday how the dismissal of the lawmakers’ lawsuit might affect the secretary of state’s ruling, if at all.