New Mexico Representative James E. Smith (R-Sandia) has introduced a bill that greatly eases ballot access for non-presidential independent candidates, and the nominees of qualified parties that nominate by convention. Oddly, however, the bill makes ballot access more difficult for independent candidates for president. Here is the text of HB 226.

Current law for independent candidates requires a petition of 3% of the last gubernatorial vote. This law is so strict, New Mexico has never had an independent on the ballot for Governor or U.S. Senator. The bill eases the independent petition (except for president) so that the number of signatures would be equal to the average needed by primary candidates seeking to get on a primary that year. In 2018, for statewide office, a Democrat seeking a place on the Democratic primary needs 2,508 signatures; a Republican needs 1,289; and a Libertarian needs 230. The average of these three numbers is 1,342. That is a huge improvement over the existing law, which requires 2018 statewide independents to get 15,390 signatures.

Unfortunately, the bill changes the independent presidential petition from 3% of the last gubernatorial vote, to 2% of the last presidential vote, and imposes a congressional district distribution requirement. The bill would probably increase the number of signatures for 2020, although we can’t be sure because no one knows how many votes will be cast for Governor in 2018. But using the 2014 gubernatorial results, the bill would raise the requirement from 15,390 to 15,967. Furthermore, adding a requirement that the petition include 2% in each of the three U.S. House districts would be a burdensome impediment.

The bill makes great improvements in the petition requirement for candidates of qualified minor parties. New Mexico is the only state that requires the nominees of ballot-qualified minor parties to submit petitions after they are nominated. The current minor party nominee petition is 1% of the last gubernatorial vote, which is currently 5,130 signatures for statewide office. The bill changes that to the average of the primary requirements that same year, which would be 1,342 for the 2018 election. This part of the bill would help the only ballot-qualified minor party, the Green Party. It would have no effect on the Libertarian Party, which will nominate by primary in 2018. Parties that nominate by primary are not required to submit nominee petitions.