NEWS
State judge denies independent candidate Ken Miyagishima's ballot access petition
Gubernatorial hopeful plans to appeal ruling, saying he'll likely fall short of voter signature threshold
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SANTA FE 鈥� With just a few days until filing day, a state judge has declined to issue an order making it easier for independent candidates for statewide office to qualify for the general election ballot.
Independent gubernatorial candidate Ken Miyagishima filed a lawsuit this month arguing that current voter signature requirements for independents 鈥� or those who decline to affiliate with a political party 鈥� pose an unfair hurdle.
But District Court Judge Matthew Wilson on Monday rejected Miyagishima鈥檚 petition to lower those requirements after Secretary of State Maggie Toulouse Oliver鈥檚 office claimed doing so could lead to ballot 鈥渙vercrowding.鈥�
As a result of the judge鈥檚 decision, Miyagishima said he would likely fall short of gathering the necessary 14,200 verified voter signatures to qualify for the ballot. The filing day for independent and minor party candidates is Thursday.
鈥淚鈥檓 disappointed, obviously, but I realize what I was up against,鈥� Miyagishima told the Journal.
Miyagishima, the former mayor of Las Cruces, had previously planned to run for governor as a Democrat but announced in February he would run as an independent instead.
His attorney in the case, former state Sen. Jacob Candelaria, was more blunt in his comments, saying Tuesday the current requirements for independent candidates are proof of a rigged two-party system.
He also said the judge鈥檚 order would be appealed to the state Supreme Court, adding he believes it鈥檚 unlikely the Democratic-controlled Legislature would enact changes to state law without a court order to do so.
鈥淚ndependents in our state are still treated as second-class candidates 鈥� and as second-class voters,鈥� said Candelaria, who switched his own party affiliation from Democrat to independent while in the Legislature after clashing with leadership in his own party.
Under New Mexico鈥檚 election code, independents running for governor or another statewide office this year must submit more than five times more valid signatures than 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 鈥� or 2% of the votes cast in their party's last gubernatorial primary.
The Secretary of State鈥檚 Office argued in its response to Miyagishima鈥檚 lawsuit that the current signature requirements ensure that independent candidates show a 鈥渕odicum of support鈥� among voters.
鈥淪tate statute is very clear about the signature requirements for independent candidates,鈥� Secretary of State鈥檚 Office spokeswoman Lindsey Bachman said Tuesday.
The number of independents in New Mexico has surged in recent years, especially since the state implemented a new automatic voter registration system last year. As of last month, there were more than 380,000 independents around the state 鈥� or roughly 26% of New Mexico's total voters, according to Secretary of State's Office data.
With their numbers growing, independent voters were able to cast a ballot in this month鈥檚 primary election without having to select a party affiliation under a new law approved by lawmakers in 2025.
However, no independent candidate has ever won election to statewide office in New Mexico. And the signature threshold is significantly higher for independents running for governor than it is for independents running for president, Candelaria pointed out.
鈥淚 don鈥檛 think that discrimination is defensible constitutionally,鈥� said Candelaria.
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.
