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Federal judge denies NM Forward Party's request to ease state ballot access requirements

Fledgling minor party says it plans to appeal judge's ruling as key ballot deadline approaches

Former presidential candidate Andrew Yang, center, talks with Espa帽ola City Councilor Sam LeDoux after an April news conference to announce the creation of the Forward Party, New Mexico's newest minor political party.
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SANTA FE 鈥 A federal judge on Tuesday provisionally affirmed the legality of New Mexico鈥檚 ballot access requirements for minor party candidates, ruling they do not pose an unconstitutional barrier.

In a 31-page ruling, U.S. District Court Judge Margaret Strickland also said allowing two Forward Party candidates to appear on the November ballot despite failing to meet a voter signature requirement would make New Mexico 鈥渉ard pressed鈥 to enforce such laws in the future.

The Forward Party filed the lawsuit last month after three of its candidates were disqualified by Secretary of State Maggie Toulouse Oliver鈥檚 office for failing to submit the required number of voter signatures. One of those candidates was later added to the ballot.

The party, which was approved as a minor political party in May, also has two other candidates who qualified for the ballot 鈥 one for a Magistrate Court judgeship in Santa Fe and one for a Public Education Commission seat. 

During a court hearing last week, a contract attorney representing the Secretary of State鈥檚 Office argued the state鈥檚 current election code keeps 鈥渇rivolous鈥 candidates off the ballot.

The Santa Fe-based attorney, Justin Miller, also said the fact that three Forward Party candidates qualified for this November鈥檚 ballot undercut the party鈥檚 arguments in the lawsuit.

鈥淭hat鈥檚 not a failure of the system 鈥 it鈥檚 a failure of the party and the candidates themselves,鈥 Miller said.

However, the Forward Party said Tuesday it would appeal the judge鈥檚 ruling, even as the deadline for county clerks to certify the ballot for printing looms at the end of this week.

鈥淰oters deserve a chance to hear from more candidates and choose someone who earns their support,鈥 said Bob Perls, chairman of the Forward Party in New Mexico.

Perls, who filed to run for U.S. Senate as a Forward Party candidate but was ultimately disqualified, has also argued the state鈥檚 current ballot access requirements have led to many uncontested races, especially for legislative seats.

鈥淎ll we want to do as the Forward Party is bring competition and choice to voters,鈥 Perls told reporters after last week鈥檚 hearing. 

The Forward Party鈥檚 lawsuit specifically targets two parts of the state鈥檚 current election code: The short timeframe for minor party candidates to collect voter signatures and the requirement that each candidate for any newly approved party independently submit voter signatures 鈥 even after the new party submitted its own round of signatures.

The state鈥檚 signature requirements for minor party and independent candidates are significantly higher than the requirements for Democratic and Republican candidates.

For this year鈥檚 election cycle, minor party and independent candidates were required to turn in least 14,200 voter signatures. In contrast, Democratic candidates were required to submit at least 2,505 signatures to preliminarily qualify for the primary ballot. Republicans were required to file at least 2,351 valid signatures 鈥 or 2% of the votes cast in their party's last gubernatorial primary.

But Strickland ruled that dichotomy is not unconstitutional on its face, since major party candidates face additional hurdles, including winning their party鈥檚 primary nomination.

鈥淢ajor parties are major parties because the party has established state-wide support based on its performance in the previous election,鈥 Strickland wrote in her ruling.

Meanwhile, Secretary of State鈥檚 Office spokeswoman Lindsey Bachman, who testified during last week鈥檚 court hearing, lauded the judge鈥檚 ruling.

鈥淲e are pleased that the court denied the preliminary injunction, and we will continue to advocate that New Mexico law, as it relates to minor parties, is fair and constitutional,鈥 said Bachman.

Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com.