Chapter 1 — Chapter 1

A. All candidates seeking primary election nomination to a statewide office or the office of United States representative shall file declarations of candidacy with the proper filing officer. Candidates shall file nominating petitions at the time of filing their declarations of ca…

A. State conventions of major political parties may designate candidates for nomination to statewide office or the office of United States representative. B. No state convention for designating candidates shall be held later than the second Sunday in March preceding the primary e…

History: 1953 Comp., § 3-8-20, enacted by Laws 1969, ch. 240, § 170; 1975, ch. 295, § 11; 1985, ch. 2, § 3; 1998, ch. 36, § 4; 2011, ch. 137, § 55; repealed by Laws 2019, ch. 212, § 284.

qualify for ballot; challenge. A. Declarations of candidacy by preprimary convention designation for any statewide office or for the office of United States representative shall be filed with the proper filing officer on the first Tuesday in February of each even-numbered year be…

Each declaration of candidacy, by nominating petition or by pre-primary convention designation, shall be delivered for filing in person by the candidate therein named or by a person acting, by virtue of written authorization, solely on the candidate's behalf. The proper filing of…

ANNOTATIONS Repeals. — Laws 1985, ch. 2, § 13 repealed 1-8-28 NMSA 1978, as amended by Laws 1975, ch. 295, § 14, relating to statements of candidacy for convention designation for candidates for the same office having different terms, effective June 14, 1985.

In making a declaration of candidacy by nominating petition or by pre-primary convention designation, the candidate shall submit substantially the following form as approved by the secretary of state for that election: "DECLARATION OF CANDIDACY BY PRE-PRIMARY CONVENTION DESIGNATI…

If the rules and regulations of a minor political party require nomination by a method other than a political convention: A. the state chair and the governing board of the state party shall certify to the secretary of state the names of their party's nominees for United States se…

party; qualification as an independent candidate. The declaration of candidacy and petition signatures submitted to the proper filing officer by a candidate for nomination as a minor party candidate shall be counted toward the requirements for qualification as an independent cand…

petition; filing and form. A. As used in the Primary Election Law, "nominating petition" means the authorized form used for obtaining the required number of signatures of voters, which is signed on behalf of the person wishing to become a candidate for a political office in the p…

History: 1953 Comp., § 3-8-24.2, enacted by Laws 1973, ch. 228, § 5; 1975, ch. 255, § 109; 1975, ch. 295, § 16; 1979, ch. 378, § 7; 1985, ch. 207, § 8; 1993, ch. 314, § 47; 1993, ch. 316, § 47; 1999, ch. 267, § 27; 2011, ch. 137, § 58; 2017, ch. 101, § 10; 1978 Comp., §1-8-31, re…

A. Any person who knowingly falsifies any information on a nominating petition is guilty of falsifying an election document. B. It is unlawful for any person to knowingly circulate, present or offer to present for the signature of another person a nominating petition that does no…

required. A. As used in this section, "total vote" means the sum of all votes cast for all of the party's candidates for governor at the last preceding primary election at which the party's candidate for governor was nominated. B. Candidates who seek preprimary convention designa…

additions; copies made available. A. A nominating petition when filed shall not be withdrawn nor added to, nor shall any person be permitted to revoke his signature thereon. A nominating petition shall be complete when filed. The proper filing officer shall not permit additions t…

validity of nominating petitions. A. Any voter filing any court action challenging a nominating petition provided for in the Primary Election Law [1-8-10 to 1-8-52 NMSA 1978] shall do so within ten days after the last day for filing the declaration of candidacy with which the nom…

ANNOTATIONS Repeals. — Laws 1981, ch. 156, § 3, repealed 1-8-36 NMSA 1978, relating to write-in candidates on primary election ballots. For present provisions, see 1-8-36.1 NMSA 1978, effective June 19, 1981.

A. Write-in candidates are permitted in the primary election only for the offices of United States representative, members of the legislature, district judges, district attorneys, public education commission, magistrates and any office voted upon by all voters of the state. B. A …

of state. A. Not later than six days after the dates for filing declarations of candidacy by pre-primary convention designation, the secretary of state shall certify to the chairman of each state political party the names of that party's candidates for office of United States rep…

A. Upon receipt of certificates of nomination of any minor political party and nominating petitions, and no later than 5:00 p.m. on the first Tuesday following the filing date, the proper filing officer shall: (1) determine whether the method of nomination used by the certifying …

Any person knowingly making a false statement in his declaration of candidacy by nominating petition or by pre-primary convention designation is guilty of a fourth degree felony. History: 1953 Comp., § 3-8-25, enacted by Laws 1969, ch. 240, § 175; 1975, ch. 295, § 23; 1985, ch. 2…

History: 1953 Comp., § 3-8-26, enacted by Laws 1973, ch. 228, § 11; 1974, ch. 25, § 1; 1977, ch. 222, § 22; 2011, ch. 137, § 60; 1978 Comp., § 1-8-41, repealed by Laws 2023, ch. 39, § 99.

In the event any candidate is unable to pay the filing fee prescribed by the Primary Election Law [1-8-10 to 1-8-52 NMSA 1978] he may file a statement with the proper filing officer at the time he files his declaration of candidacy to the effect that he is without financial means…

History: 1953 Comp., § 3-8-30, enacted by Laws 1969, ch. 240, § 180; 1975, ch. 295, § 24; 1985, ch. 2, § 9; 1988, ch. 17, § 4; 1994, ch. 3, § 1; repealed by Laws 2019, ch. 212, § 284.

A candidate seeking to withdraw from a primary election shall withdraw no later than the first Tuesday in April before that primary election by filing a signed and notarized statement of withdrawal with the proper filing officer. History: 1953 Comp., § 3-8-32, enacted by Laws 196…

representative elections; definition. A. As used in the Election Code, an independent candidate means a person who: (1) is a candidate for any state or county office to be voted on at a general election: (a) whose certificate of voter registration shows affiliation with no qualif…

representative special elections; right to be placed on ballot. The name of any independent candidate for an office to be voted on at a general election or United States representative special election shall be placed by the proper filing officer on such ballot. History: 1953 Com…

representative special elections; withdrawal of name. The provisions of the Election Code [Chapter 1 NMSA 1978] pertaining to the withdrawal of candidates from the general election shall apply to the withdrawal of independent candidates. History: 1953 Comp., § 3-8-27.3, enacted b…

representative elections; declaration of independent candidacy and nominating petition. A. Nomination as an independent candidate shall be made by filing a declaration of independent candidacy and a nominating petition with the proper filing officer. B. In making a declaration of…

president and vice president. A. Nomination as an independent candidate for president or vice president shall be made by filing a declaration of independent candidacy with the proper filing officer. The candidate for president shall also at the same time file a nominating petitio…

participating in primary. Immediately upon completion of their respective canvasses, the state and county canvassing boards shall certify to the county clerk the name of each person who has been nominated by each participating political party in the primary election, and the offi…

representative special elections; nominating petition form. A. As used in Sections 1-8-45 through 1-8-52 NMSA 1978, "nominating petition" means the authorized form used for obtaining the required number of signatures of voters that is signed on behalf of the person wishing to bec…

representative elections; nominating petitions; required number of signatures. A. The basis of percentage for the total number of votes cast in each instance referred to in this section shall be the total vote cast for governor at the last preceding general election at which a go…

representative special elections; nominating petitions; circulation; date of filing. A. Declarations of independent candidacy and nominating petitions shall be filed with the proper filing officer between 9:00 a.m. and 5:00 p.m. on the twenty-third day following the primary elect…

History: Laws 2007, ch. 25, § 1; repealed by Laws 2011, ch. 137, § 110.

History: 1953 Comp., § 3-8-33, enacted by Laws 1977, ch. 230, § 1; 1978 Comp., § 1-8-53 recompiled as § 1-15A-1 by Laws 2011, ch. 137, § 109.

History: 1953 Comp., § 3-8-34, enacted by Laws 1977, ch. 230, § 2; 2003, ch. 300, § 2; 1978 Comp., § 1-8-54 recompiled as § 1-15A-2 by Laws 2011, ch. 137, § 109.

History: Laws 2003, ch. 300, § 3; 1978 Comp., § 1-8-54.1 recompiled as § 1-15A-3 by Laws 2011, ch. 137, § 109.

History: 1953 Comp., § 3-8-35, enacted by Laws 1977, ch. 230, § 3; 1978 Comp., § 1-8-55 recompiled as § 1-15A-4 by Laws 2011, ch. 137, § 109.

History: 1953 Comp., § 3-8-36, enacted by Laws 1977, ch. 230, § 4; 1980, ch. 13, § 1; 1980, ch. 43, § 1; 1995, ch. 124, § 17; 1978 Comp., § 1-8-56 recompiled as § 1-15A-5 by Laws 2011, ch. 137, § 109.

History: 1953 Comp., § 3-8-37, enacted by Laws 1977, ch. 230, § 5; 1978 Comp., § 1-8-57 recompiled as § 1-15A-6 by Laws 2011, ch. 137, § 109.

History: 1953 Comp., § 3-8-38, enacted by Laws 1977, ch. 230, § 6; 1980, ch. 13, § 2; 1980, ch. 43, § 2; 1978 Comp., § 1-8-58 recompiled as § 1-15A-7 by Laws 2011, ch. 137, § 109.

History: 1953 Comp., § 3-8-39, enacted by Laws 1977, ch. 230, § 7; 1980, ch. 13, § 3; 1980, ch. 43, § 3; 1988, ch. 17, § 6; 1978 Comp., § 1-8-59 recompiled as § 1-15A-8 by Laws 2011, ch. 137, § 109.

Regardless of the cause, no vacancy on the primary election ballot occurring after the period for filing a declaration of candidacy or the date of filing with the secretary of state a certificate of designation by state convention, whichever the case may be, shall be filled. Hist…

History: 1953 Comp., § 3-8-40, enacted by Laws 1977, ch. 230, § 8; 1980, ch. 13, § 4; 1980, ch. 43, § 4; 1981, ch. 147, § 9; 1978 Comp., § 1-8-60 recompiled as § 1-15A-9 by Laws 2011, ch. 137, § 109.

History: 1953 Comp., § 3-8-41, enacted by Laws 1977, ch. 230, § 9; 1980, ch. 13, § 5; 1980, ch. 43, § 5; 2003, ch. 300, § 4; 1978 Comp., § 1-8-61 recompiled as § 1-15A-10 by Laws 2011, ch. 137, § 109.

ANNOTATIONS Repeals. — Laws 1980, ch. 13, § 6, and Laws 1980, ch. 43, § 6, repealed 1-8-62 NMSA 1978, relating to the certification of names of delegates to the credentials committees of national conventions by the secretary of state.

History: 1953 Comp., § 3-8-43, enacted by Laws 1977, ch. 230, § 11; 1978 Comp., § 1-8-63 recompiled as § 1-15A-11 by Laws 2011, ch. 137, § 109.

History: 1978 Comp., § 1-8-64, enacted by Laws 1979, ch. 74, § 5; repealed by Laws 2011, ch. 137, § 110.

representative special elections; nominating petition form. A. As used in Sections 1-8-2 through 1-8-4 NMSA 1978, "nominating petition" means the authorized form used for obtaining the required number of signatures of voters that is signed on behalf of the person wishing to becom…

A. A person desiring to be a write-in candidate in a general election shall file with the proper filing officer between 9:00 a.m. and 5:00 p.m. on the twenty-third day after the primary election a declaration of intent to be a write-in candidate, accompanied by a petition signed …