On November 7, the 10th circuit ruled against the Libertarian Party’s ballot access lawsuit, for reasons having to do with court rules, not over the merits. The case is Libertarian Party of New Mexico v Herrera, no. 06-2303.

The case had been filed in 2006, after the Libertarian Party had successfully petitioned for party status. Under New Mexico law, even though the party was now ballot-qualified, it was required to submit a petition signed by 1% of the last vote cast, for each of its nominees. The U.S. District Court had scheduled a hearing to gather evidence, but had cancelled the hearing only 3 days before that hearing. The U.S. District Court had then ruled that no possible set of facts could result in the law being held unconstitutional, since in 1971 the U.S. Supreme Court had upheld petitions of 5% for independent candidates and for the candidates of unqualified parties.

The party had appealed, but the 10th circuit said that the party is not entitled to relief because it it made a procedural error. Specifically, the 10th circuit said the party’s Rule 56(f) Motion, asking for a chance to present evidence, wasn’t detailed enough. As to the merits of the case, the 10th circuit said “We need not resolve this.”

Any qualified party in New Mexico that is entitled to nominate by convention, and not by primary, is free to file a similar lawsuit in the future.