New Mexico State Trial Court Refuses to Enjoin 2% Petition Requirement for Independent Candidates

On June 22, a New Mexico state trial court refused to enjoin the independent petition requirement of 2% of the last gubernatorial vote. Miyagishima v Toulouse Oliver. See this story. The case had been filed by Ken Miyagishima, an independent candidate for Governor.

He presented evidence that no statewide independent petition has ever succeeded in New Mexico, except for three independent presidential petitions. He also pointed out that in 2019, the legislature had lowered the presidential independent petition to one-half of 1%, and even then, no independent presidential candidate qualified in 2020, and only one did in 2024. He will seek declaratory relief, so the case is not over.

New Mexico has the nation’s fourth highest non-presidential statewide independent petition requirement. The only states that are more severe, on a percentage basis, are Alabama, Montana and Wyoming.

U.S. District Court Rules that President Trump’s 2025 Order on Federal Postcard Registration Forms is Unconstitutional

Last year President Trump issued an executive order to alter the federal postcard registration forms, so as to require applicants to attach documentary proof of citizenship. On June 24, U.S. District Court Judge Denise Casper, an Obama appointee, declared that order to be unconstitutional. State of California v Trump, U.S.. District Court, Massachusetts, 1:25cv-10810. The case had been filed by nineteen states. The order says that only Congress and/or the states have the authority to make such changes. Here is the Opinion.

The President’s order had already been enjoined last year, so it wasn’t in effect.

District of Columbia Finally Implements Law Allowing Independents to Vote in Partisan Primaries

On June 23, the Washington, D.C., city council voted to fund the new law that says independent voters are free to vote in partisan primaries. The law passed in November 2024 as an initiative, but it had not been implemented for this year’s primary because the Council had not appropriated money to make the change. But now the change will go into effect, starting with the 2028 primary. See this story.

Lynchburg, Virginia Republican Party Left With No Nominees for City Council

Lynchburg, Virginia has partisan elections for city council. This year the Republican Party used a “firehouse primary” (meaning a party meeting) to choose its nominees for city council, but the state Republican Party ruled that the city party’s process was legally flawed. So the Republicans who wanted to continue to run were forced to file as independent candidates. See this story.