New Mexico election law generally requires all candidates for Congress and state office to file petitions, to get on the ballot, no matter how they are running. Candidates need petitions to get on a primary ballot; minor party nominees (who are nominated by convention) need petitions; independent candidates need petitions.

But for county office, there is no petition requirement for candidates seeking to get on a primary ballot. However, minor party nominees and independent candidates do need petitions, and the independent petition, 3% of the last gubernatorial vote, is severe.

On July 18, Carol Miller, an independent candidate for Rio Arriba County Commission, filed a lawsuit in state court, arguing that the New Mexico Constitution does not permit the state to require petitions for independent candidates, while not requiring them for major party members. Miller v Padilla, District Court, 6th district, Santa Fe. The case has a hearing on Monday, July 23, at 10 a.m. The New Mexico Constitution says, “Elections shall be free and equal.” The case is based on the State Constitution. UPDATE: here is a news story about the lawsuit.