The New Mexico Attorney General and Secretary of State seem to be conducting a thorough review of whether the Green Party is still ballot-qualified. From the amount of time they are taking, it seems likely that they may be reviewing all the past precedents.

The New Mexico law is very unclear. It can be read to mean that a party must poll one-half of 1% for Governor or President at either of the last two elections, in order to remain on the ballot. Or it can be read to mean that if a party runs no one for Governor (in a gubernatorial year) or for President (in a presidential year) that it remains on the ballot. The law has existed since 1989 and has been construed differently by different Secretaries of State, over the years. The Green Party had three candidates for state office on the November 2006 ballot, but it did not run for Governor in 2006. Since the state obviously felt the party was qualified in 2006 (even though it got below one-half of 1% for president in 2004), then it is still ballot-qualified if the 2nd reading is correct.