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NEWS

NM Department of Justice breaks with secretary of state, opposes New Mexico's ballot access laws

Assistant solicitor general says state's current laws ensure 'two-party political status quo'

A voter casts their ballot at the Your Vote Center at Petroglyph Plaza in Northwest Albuquerque in this Journal file photo. A simmering legal dispute over New Mexico's ballot access laws has led to a schism between the state's Department of Justice and the Secretary of State's Office.
Published

SANTA FE — New Mexico’s ballot access laws have been staunchly defended by state election officials during this year’s election cycle.

But the state’s top attorney has publicly split with the Secretary of State’s Office, siding in an ongoing federal court case with candidates from a new minor party that were disqualified from the November general election ballot.

In a recent court filing, Attorney General Raúl Torrez’s office argued the Forward Party candidates should be placed on the ballot and said the state’s current requirements for minor party and independent candidates prevent “real competition” at the polls.

“New Mexico’s ballot access laws have cemented a two-party political status quo by imposing onerous signature requirements on minor party and independent candidates,” assistant solicitor general Daniel Ahrens wrote in his filing.

All eight independent and minor party candidates who filed to run for statewide office in June were disqualified by Secretary of State Maggie Toulouse Oliver’s office for not submitting the minimum number of voter signatures stipulated by state law.

The disqualification of three of those candidates who are affiliated with the Forward Party prompted them to file the federal lawsuit arguing the ballot access requirements are unconstitutional. The Forward Party was established as a minor political party in New Mexico this year.

A federal judge this month denied the party’s request to be placed on the ballot, but the Forward Party appealed that ruling to the 10th Circuit of the U.S. Court of Appeals. That prompted the intervention from the state Department of Justice, which is led by the attorney general.

Under New Mexico’s election code, independents running for governor or another statewide office this year must submit more than five times the number of valid signatures as either Democratic or Republican candidates.

While independents running for office face a requirement of at least 14,200 verified voter signatures, Democratic candidates for governor this year 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 — or 2% of the votes cast in their party's last gubernatorial primary.

The signature requirements are similar for most minor party candidates.

Attorneys for the Secretary of State’s Office have argued in several court cases this year the state’s current ballot access requirements prevent ballot overcrowding and keep “frivolous” candidates off the ballot.

But critics have countered the high ballot hurdles have led to many uncontested races, especially for legislative seats. They have also pointed out New Mexico does not have similar voter signature requirements for presidential candidates.

Of New Mexico’s 70 state House seats that are all up for election this year, more than half the races — or 39 out of 70 — are uncontested. Of the remaining 31 races, only one contest features more than two candidates.

Bob Perls, the New Mexico Forward Party’s chairman who was disqualified in his bid to run for U.S. Senate, lauded the attorney general for his stance in the ballot access case.

“Our election system is rigged because the two major parties ban competition at the ballot box,” Perls said in a Monday statement. 

Absentee and early in-person voting for New Mexico’s general election begins Oct. 6, with Election Day set for Nov. 3. 

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.