Fighting for Fair Ballot Access and More Choices for New Mexico Voters
On July 14, 2026, the New Mexico Forward Party filed a federal lawsuit challenging New Mexico’s unfair ballot access laws for qualified minor parties and their candidates.
The issue is simple: New Mexico Forward completed the process to become a qualified political party, but state law still required each Forward candidate to collect a separate set of candidate petition signatures to appear on the general election ballot. No other state requires candidates of a qualified party to clear this kind of second petition barrier.
For statewide offices in 2026, Democratic candidates needed 2,505 signatures and Republican candidates needed 2,351 signatures. By contrast, New Mexico Forward’s statewide candidates were required to collect 14,200 signatures each—even after the party had already qualified. That is not a level playing field.
This lawsuit asks the federal court to protect voters’ rights to political choice, fair competition, and equal access to the ballot. New Mexico voters deserve more than uncontested races and barriers designed to protect the two legacy parties.
What the Lawsuit Challenges
New Mexico Forward is challenging laws that:
Require a newly qualified minor party to complete one petition process to become a party, and then require each candidate to complete a second petition process to appear on the ballot.
Force candidates to register with a party before the party has even been officially qualified by the Secretary of State.
Give major-party candidates lower signature requirements and more time to collect signatures.
Create unnecessary barriers that limit competition and reduce voter choice.
Who Is Involved
The plaintiffs in the case are:
- New Mexico Forward Party
- Bob Perls, candidate for U.S. Senate
- Michael Vigil, candidate for New Mexico State Auditor
- Dennis Dinge, candidate for Public Education Commission District 3—qualified for the November 2026 general election ballot
- Harry Montoya, candidate for Santa Fe County Magistrate Judge—qualified for the November 2026 general election ballot
- Frances Kava, candidate for Luna County Magistrate Judge—qualified for the November 2026 general election ballot
UPDATE — August 10, 2026: After receiving service of the lawsuit complaint, the Luna County Clerk reversed her earlier decision and qualified Frances Kava for the November 2026 general election ballot. Dennis Dinge and Harry Montoya had previously qualified for the ballot, meaning all three of New Mexico Forward’s local and district candidates will now appear on the November ballot. All three remain plaintiffs because the lawsuit continues to challenge the broader ballot access requirements imposed on New Mexico Forward and its candidates.
The defendants in the case are:
- Maggie Toulouse Oliver, in her official capacity as New Mexico Secretary of State — New Mexico’s chief elections official, responsible for administering and enforcing the New Mexico Election Code provisions challenged in the lawsuit.
- Barbara DeLaney, in her official capacity as Luna County Clerk — Luna County’s chief elections official, responsible for administering and enforcing the challenged Election Code provisions as applied to countywide candidates.
Read the Filed Case Documents and Published Press Releases
Use the links below to read or download the legal complaint filed in federal court (Case 1:26-cv-02286) and the related press release.
Why It Matters
New Mexico Forward believes voters should have real choices on the ballot. Ballot access rules should be fair, constitutional, and applied equally—not designed to protect the major parties from competition.
We are not left. We are not right. We are Forward.
Media Coverage
New Mexico Files Response Brief in Forward Party Ballot Access Lawsuit (Richard Winger, Ballot Access News, August 15, 2026)
The Roundhouse Report: Forward Party announces Luna County judge candidate (Nathan Brown, Santa Fe New Mexican, August 11, 2026)
New Mexico Forward Party Files Brief in Ballot Access Case (Richard Winger, Ballot Access News, July 27, 2026)
Lawsuit (The Bob Clark Podcast, News Radio KKOB, July 17, 2026)
Ballot access woes. Not so non-secret Democratic votes. (Marjorie Childress, New Mexico In Depth, July 16, 2026)
New Mexico Forward Party sues Secretary of State over disqualifying candidates from November ballot (Joshua Bowling, Source NM, July 15, 2026)
New Mexico Forward Party sues over ballot access hurdles for minor party office-seekers (Clara Bates, Santa Fe New Mexican, July 15, 2026)
NM Forward Party files lawsuit challenging state's ballot access requirements (Dan Boyd, Albuquerque Journal, July 15, 2026)
The battle for the ballot: New Mexico Forward Party challenges state law (Kevin Hendricks, NM Political Report, July 15, 2026)
New Mexico Forward Party challenges discriminatory ballot rules in court (KOB, July 15, 2026)
New Mexico Forward Party Files Ballot Access Lawsuit (Carol A. Clark, Los alamos Daily Post, July 15, 2026)
NM Forward Party announces 5 candidates for November election, but 2 fail to make ballot (Joshua Bowling, Source NM, June 25, 2026)
New Mexico Forward Party announces slate of five candidates (Clara Bates, Santa Fe New Mexican, June 25, 2026)
Slate of Forward Party candidates file to run in general election, but ballot spots not certain yet (Dan Boyd, Albuquerque Journal, June 25, 2026)
