NEWS
NM Forward Party files lawsuit challenging state's ballot access requirements
Lawsuit argues two-step process for minor party candidates violates US Constitution
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SANTA FE 鈥� Candidates from New Mexico鈥檚 newest political party have filed a lawsuit arguing the state鈥檚 stringent ballot access requirements violate their constitutional rights.
The lawsuit, filed this week in federal court, represents the latest challenge to New Mexico鈥檚 laws for minor party and independent candidates.
A state judge last month denied independent gubernatorial candidate Ken Miyagishima鈥檚 petition seeking to lower the state鈥檚 voter signature requirement for candidates like him to qualify for the general election ballot. Miyagishima鈥檚 attorney has said he plans to appeal the ruling to the state Supreme Court.
The latest lawsuit filed by New Mexico鈥檚 Forward Party, which was approved as a minor political party in May, takes a broader approach.
Specifically, it targets both the short timeframe for minor party candidates to collect a set number of 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 lawsuit claims each Forward Party candidate for statewide office this year faced a requirement of gathering at 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.
Three of the Forward Party鈥檚 candidates were disqualified this month by the Secretary of State鈥檚 Office from the general election ballot after failing to submit the required number of signatures. Statewide, no independent or minor party candidates seeking statewide office qualified for the Nov. 3 ballot.
Bob Perls, the Forward Party鈥檚 chairman, said New Mexico鈥檚 ballot access laws have led to a large number of uncontested races, especially for legislative seats.
鈥淲e have empty ballots 鈥� we don鈥檛 have crowded ballots,鈥� he said in a Wednesday interview.
Perls, who filed to run for the U.S. Senate seat currently held by Democrat Ben Ray Lujan but was disqualified, also said New Mexico鈥檚 ballot access laws for minor party candidates were enacted in response to political efforts by land grant activist Reies Lopez Tijerina and his supporters.
鈥淚t actually has very much of a racist basis in New Mexico, and not a logical basis,鈥� Perls told the Journal.
The lead attorney for the Forward Party鈥檚 lawsuit is A. Blair Dunn, who unsuccessfully sought the Republican nomination for lieutenant governor this year. An attorney with the Washington, D.C.-based Center for Competitive Democracy, which touts itself as a nonpartisan organization, is also assisting with the case.
Among other arguments, the lawsuit claims ballot access requirements similar to New Mexico鈥檚 were struck down by the courts in Maryland. It also points out that presidential candidates in New Mexico do not face the same voter signature requirements as candidates for other elected offices.
鈥淥n its face, New Mexico鈥檚 statutory scheme makes it practically impossible for a new party to become qualified to run candidates for federal, state and local offices,鈥� the lawsuit states.
In addition to asking a judge to declare the state鈥檚 ballot access laws unconstitutional, the lawsuit also seeks an injunction allowing the disqualified Forward Party candidates to be placed on the ballot.
Secretary of State鈥檚 Office spokeswoman Lindsey Bachman said Wednesday the office had not yet received the lawsuit and, for that reason, could not provide comment.
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.
