SANTA FE — In an unusual break between top state officials, the New Mexico Department of Justice has formally opposed the state’s existing ballot access laws, aligning itself against the Secretary of State’s Office in an ongoing federal court battle over third-party and independent candidate qualifications.
The dispute centers on legal challenges brought forward by candidates affiliated with the Forward Party who were disqualified from appearing on the upcoming November general election ballot. While state election administrators have consistently defended the statutory framework throughout the current election cycle, Attorney General Raúl Torrez’s office has intervened to argue that the prevailing rules unfairly suppress political competition.
In a recent legal filing submitted on behalf of the state Department of Justice, Assistant Solicitor General Daniel Ahrens argued that the current legal thresholds prevent genuine democratic contestation. Ahrens stated that New Mexico’s ballot access framework has effectively entrenched a two-party political status quo by placing excessively burdensome signature requirements on independent and minor party contenders.
The legal clash originated earlier this year following candidate filing deadlines in June. At that time, Secretary of State Maggie Toulouse Oliver’s office disqualified all eight independent and minor party candidates seeking statewide office after determining that none had submitted the minimum threshold of valid voter signatures required under state statute.
Among those disqualified were three candidates running under the banner of the Forward Party, an organization newly established as a minor political party in New Mexico this year. In response to their exclusion from the ballot, the candidates filed a federal lawsuit asserting that the state’s statutory petitioning thresholds violate constitutional protections.
A federal district judge initially rejected the Forward Party’s request to compel election officials to place its candidates on the general election ballot. However, the plaintiffs escalated the case by filing an appeal with the 10th Circuit of the U.S. Court of Appeals, an action that subsequently prompted the state Department of Justice to enter the proceedings with its contrasting position.
Under New Mexico’s current election code, candidates running for statewide positions without major-party affiliation face signature hurdles that are significantly steeper than those applied to candidates from established parties. An independent or minor party candidate running for statewide office, such as governor, must collect more than five times as many valid petition signatures as a Democratic or Republican contender.
The statutory difference in nominal requirements highlights this disparity. Independent candidates must gather at least 14,200 verified voter signatures across the state. In contrast, Democratic candidates for governor were required to collect only 2,505 valid signatures to qualify for their primary ballot this cycle, while Republican candidates needed at least 2,351 signatures, a figure tied to 2% of the votes cast in the party’s previous gubernatorial primary. Minor party candidates face burdens comparable to independents.
Legal representatives for the Secretary of State’s Office have maintained across several legal challenges this year that these requirements are necessary to protect the integrity of the ballot. They have argued that stringent thresholds prevent ballot overcrowding and ensure that frivolous or non-viable candidates do not confuse voters.
Conversely, opponents of the current statute point out that the high signature thresholds severely restrict voter choice and lead to a widespread absence of contested elections. Critics have also emphasized a perceived inconsistency in the election code, observing that New Mexico does not impose comparable petition signature hurdles on presidential candidates.
The impact of the existing thresholds is particularly pronounced in state legislative contests. In the 70-seat New Mexico House of Representatives, where all seats are up for election this year, more than half of the races—39 out of 70—feature only a single candidate running uncontested.
Furthermore, within the 31 House districts where an election is actually contested, only one race provides voters with an alternative beyond the traditional two-party choice. Advocates argue that these numbers underscore how minor party exclusion narrows the political spectrum available to New Mexico voters.
Bob Perls, the chairman of the New Mexico Forward Party and a disqualified candidate for the U.S. Senate, commended the Attorney General’s intervention against the Secretary of State’s enforcement of the statute. In a public statement, Perls argued that the election framework prevents legitimate competition at the ballot box to the benefit of the two major parties.
The 10th Circuit appeal unfolds against tight statutory deadlines for the general election. Absentee voting and early in-person voting across New Mexico are scheduled to commence on Oct. 6, leading up to Election Day on Nov. 3.
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