On August 12, James Tyson Parker filed his opening brief in his ballot access lawsuit, Parker v Duran, 15-2088. The issue is the New Mexico law that requires independent candidates to submit a petition of 3% of the last gubernatorial vote, whereas minor party nominees (for office other than President) only need a petition of 1% of the last gubernatorial vote. Parker collected enough signatures under the minor party standard, but because he was an independent candidate, that wasn’t good enough and he was kept off the ballot last year. He had been running for Public Education Commission, a partisan office.

Because Parker didn’t get on the ballot, there was only one candidate on the ballot in November for that office, a Democrat who was only required to get 272 signatures to get on the primary ballot. Parker needed 2,196 signatures and submitted 1,379. A minor party nominee would have needed 732. The U.S. District Court had upheld the law.