On November 15, the New Mexico Green Party and others filed a lawsuit in state court, alleging that several New Mexico ballot access laws are unconstitutional.  Whitaker v Herrera, cv2010-13274.

The lawsuit attacks the April petition deadline for new party petitions.  In New Mexico, new parties nominate by convention, so there is no election-administration related reason why the petition to establish a new party should be as early as April.  The deadline for a new party to be recognized in New Mexico was in October of the election year until 1935, when it was moved to September of the election year.  In 1977 it was moved to late August.  In 1981 it was moved to July.  And in 1995, it was moved to April.  No reported decision of any court, in any state, upholds a petition deadline for new parties petitions that is earlier than May.  No party had previously challenged the April petition deadline.

The lawsuit also has an independent candidate plaintiff, Herbert Whitaker, and he challenges the June petition deadline for independent candidates.  The independent candidate petition deadline in New Mexico was in September for presidential independents, and was in July for non-presidential independents, until 2007.  In 2007 the legislature moved all independent petition deadlines to June.  Whitaker also challenges the number of signatures needed for an independent candidate (3% of the last vote cast) on the grounds that it discriminates against independent candidates, because minor party nominees need an easier petition.  They each need a petition of 1% of the last vote cast.  The petition for minor party nominees is a separate burden than the petition to qualify the party itself, but even when both types of minor party petition are added together, that still only amounts to 1.5%, which is only half the 3% needed for independent candidates.