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

Although Dennis Dinge and Harry Montoya qualified for the November ballot, they are plaintiffs in the lawsuit to challenge the broader ballot access system imposed on New Mexico Forward and its candidates. Harry's qualification also shows the inconsistency and confusion created by the current rules: Harry was qualified for the ballot while Frances Kava was disqualified—despite them both surpassing the independent candidate signature threshold but neither registering as Forward candidates on the same day Forward submitted its rules and regulations to the Secretary of State to become a minor party.

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 Legal Complaint

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.

Download the Filed Complaint
Download the 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.

Most elected positions in New Mexico are unopposed. Voters deserve choices!