LOCAL COLUMN
OPINION: Why I filed for preliminary injunctive relief against the secretary of state
I want to explain the reasons that led me to file for preliminary injunctive relief against the secretary of state of New Mexico. As I began my campaign for governor as an independent candidate, I was initially told by a Secretary of State鈥檚 Office employee that I would need a total of 14,200 signatures for both myself and my lieutenant governor. To my surprise, I later discovered that I needed 14,200 signatures per petition, for a total of 28,400. This revelation highlighted significant challenges within our electoral system, especially the excessive signature requirements that obstruct fair representation for independent candidates.
When I learned that my running mate and I needed 28,400 signatures just to qualify for the gubernatorial ballot, I was genuinely shocked. For context, Democratic candidates need only 2,505 signatures, while Republicans require just 2,351. Even minor-party candidates must submit 7,100 signatures. It鈥檚 particularly disheartening that an independent candidate for U.S. president only needs 7,100 signatures, yet an independent candidate for governor in New Mexico is burdened with 14,200. This vast discrepancy not only favors the major parties but also silences independent voices, creating a system that feels unjust.
Voters seeking alternatives to the two-party system often feel limited and frustrated. This issue is not just about numbers; it鈥檚 about real people looking for choices that reflect their values.
With the filing deadline of June 25 approaching, I feel a growing urgency to act. I鈥檝e witnessed firsthand how challenging it is for independent candidates to find the legal support they need, which is why I had to file pro se.
I understand that voters registered as 鈥渄ecline to state鈥� are expected to outnumber Republicans next year and likely Democrats the year after. This makes immediate action essential. The First and Fourteenth amendments protect our rights to free speech and equal protection under the law. However, New Mexico鈥檚 ballot access laws impose burdens that violate these rights. Requiring independent candidates to gather 28,400 signatures for a joint ticket is unreasonable and effectively excludes us from the democratic process.
When I compare New Mexico鈥檚 requirements to those in other states, the unfairness becomes painfully clear. For example, Texas requires only 1% of the votes cast in the last gubernatorial election for independent candidates. Other states, such as Colorado and Missouri, have much lower signature requirements, raising important questions about why New Mexico enforces such strict rules.
The rising number of independent voters in our state reflects a national trend. More people are seeking alternatives to the traditional two-party system and want candidates who genuinely represent their views. Unfortunately, the current signature requirements make it difficult for these voters to be heard, leaving them feeling trapped in a cycle of disenfranchisement.
This issue goes beyond mere statistics; it鈥檚 about the real stories behind those numbers. Imagine being passionate about making a difference in your community, only to face seemingly insurmountable barriers. The frustration and helplessness are real for many who wish to engage in our government but find themselves constantly blocked.
This is why I filed for preliminary injunctive relief. I鈥檓 asking the 1st Judicial District Court to consider reducing the signature requirement for independent candidates to 7,100, aligning it with the requirements for minor-party and U.S. presidential candidates. This change would help ensure that independent voices are heard and that all voters have meaningful choices.
It鈥檚 time for New Mexico to rethink its ballot access laws. By lowering the signature requirements for independent candidates, we can uphold the constitutional rights of all citizens and create a more inclusive democracy. My fight reflects the struggles faced by many in our state. To truly honor democracy, we must ensure that every voice 鈥� regardless of party affiliation 鈥� has a chance to be heard and participate in the electoral process. The principles of equality and fair representation are at stake, and we must act swiftly to address these injustices.
Ken Miyagishima is a former Las Cruces mayor and an independent candidate for governor.
