Bob Perls, a New Mexico independent candidate for state office this year, has decided to withdraw his lawsuit alleging that New Mexico’s Constitution is violated by the very high number of signatures needed for independent candidates. The lawsuit was filed July 15, 2016, but there were problems with serving the defendants, and it is now too late for him to hope for judicial relief. The case is Perls v State, Santa Fe, First Judicial District, D-101-cv-2016-1744.

New Mexico and Alabama have the highest percentage petition requirement for independents for non-presidential statewide office. They are the only states at 3% for statewide non-presidential independents. New Mexico has never had an independent candidate on the ballot for either Governor or U.S. Senator. New Mexico didn’t have procedures for independent candidates until 1977. Eugene McCarthy sued New Mexico over its failure to have procedures for independent candidates, and he won the case, although too late for him to appear on the November 1976 ballot as an independent presidential candidate.