The Tenth Circuit will hear Parker v Duran, 15-2088, on Tuesday, March 8, at 9 a.m., in Denver. This is the case that challenges the number of signatures needed for an independent candidate in New Mexico. New Mexico requires all independent candidates to submit a petition of 3% of the last gubernatorial vote. No other state requires more signatures for independent candidates for statewide office, although Alabama is tied.

The plaintiff was an incumbent member of the Public Education Commission. He had been appointed. He wanted to remain on the commission, and he was an independent, so he was required to complete the petition. Although he came close, he did not succeed. If he had been a member of either a major or a minor party, his petition burden would have been substantially lower. The U.S. District Court upheld the 3% petition requirement.