Forward sues New Mexico for bouncing 3 candidates

Party fights tougher rules for candidates from new parties

The New Mexico Forward Party filed a federal lawsuit, defending three candidates thrown off the ballot and calling out the state’s law that requires this party’s candidates to get 5 times more signatures than their Republican and Democrat counterparts.

The Forward Party filed a federal lawsuit against the New Mexico Secretary of State Maggie Toulous Oliver on July 14 after the state threw three of its party’s candidates off the state’s Nov. 3 ballot: Bob Perls (also state party chair) for U.S. Senate; Michael Virgil, for state auditor; and Frances Kava, for Luna County magistrate.

The Forward Party, Perls, Virgil, and Kava sued. To challenge the election system, Forward candidates who made the ballot also joined the lawsuit: Dennis Dinge, candidate for Public Education Commission; and Harry Montoya, Santa Fe County Magistrate.

Forward argues that the state has violated the First and Fourth amendments by making it far more difficult for minor-party candidates to get onto the ballot than Democrat or Republican candidates.  Perls and Virgil needed 14,200 signatures. Democrats in statewide races need 2,505 signatures; Republicans, 2,351 signatures. Forward candidates, already at a disadvantage because the party is new, need 5.5 times more signatures.

The Forward Party isn't alone. Candidates from other minor parties are running into the same barriers.

In a recent interview with Ballots Without Barriers, New Mexico Libertarian candidate Rhett Trapman described how the state's signature requirements prevented his campaign from ever reaching voters. 

"Getting the campaign off the ground was very hard. I didn't make the signature requirement, so ultimately I was out of the race before I was even able to begin."