December 1998
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Libertarians arrested for "clothing crime"
Two Libertarians were arrested in New Mexico after they tried to vote while wearing Libertarian Party clothing -- an action they say was designed to "violate their civil rights and block their access to the ballot box."
Gary and Karen Fincher were stopped from voting in Santa Fe by poll workers after they declined to remove or cover an LP jacket and tee-shirt, both of which featured the party's State of Liberty logo. Election staff said their attire violated state law that prohibits "campaigning" at the polls.
When they protested, the Finchers were arrested, removed from the polling place, and detained until after the polls closed.
"Discrimination should never be tolerated at the polling place," said Gary Fincher. "Unfortunately, we will never get our 1998 election vote back."
Ironically, both Libertarians worked for the one LP candidate on the statewide ballot: Maurice McDonald, a candidate for State Land Commissioner. Gary Fincher was McDonald's campaign manager, while his wife was McDonald's fundraising director.
Despite the loss of the two votes, McDonald went on to win 35,593 votes -- more than enough to gain the Libertarian Party "major party" status in New Mexico.
The Finchers have asked that the charges against them be dropped, that their votes be reinstated, and that "criminal charges be initiated against Santa Fe County and its Board of Elections for civil rights violations."
