Earlier in 2009, the New Mexico Secretary of State’s office had been saying the blank petition forms to qualify a new party for the 2010 election would not be available until October 1, 2009. The reason they would not be available earlier was that the Secretary of State might wish to alter them.

However, in response to a lawsuit filed on May 7, 2009, by the New Mexico Libertarian Party and the New Mexico Green Party, the state submitted an affidavit on September 21, 2009, saying “The forms minor parties must use to collect the signatures required by Sec. 1-7-2(A) are available to the public at any time.” Although this concession comes too late to be particularly helpful for the upcoming election, it certainly will be helpful in the future. Thanks to Alan Woodruff for this news. The lawsuit is proceeding, and the New Mexico Secretary of State participated in a deposition on September 25.