2018 New Mexico Statutes
Chapter 1 - Elections
Article 8 - Nominations and Primary Elections
Section 1-8-25 - Proper filing officer; declaration of candidacy; nominating petitions; withdrawal of candidacy.

For the purposes of Chapter 1, Articles 8 and 12 NMSA 1978, the proper filing officer is:

A. the secretary of state for the offices of:

(1) United States senator;

(2) United States representative;

(3) all state elective offices;

(4) legislative offices elected from multicounty districts;

(5) all public regulation commission districts;

(6) all elective judicial offices in the judicial department, except magistrates; and

(7) all offices representing a district composed of more than one county; and

B. the county clerk for the offices of:

(1) all elective county offices;

(2) magistrates; and

(3) legislative offices elected from a district located wholly within one county or that is composed of only one county.

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.

The 2011 amendment, effective July 1, 2011, identified the proper filing officers for purposes of nominations and primary elections and for conducting elections.

The 1998 amendment, effective March 6, 1998, added present Paragraph A(5), redesignated former Paragraphs A(5) and A(6) as Paragraphs A(6) and A(7) and substituted "that" for "which" in Paragraph B(3).

Method of delivery to secretary of state. — A candidate for any political party participating in the primary for any office must file a declaration of candidacy and nominating petitions and (if the office is one filled by the state at large or districts comprising more than one county), the filing is made by handing said items to the secretary of state in person, by representative, by mail or otherwise, and if in order the secretary of state shall file same regardless of how they were delivered. 1939-40 Op. Att'y Gen. No. 147 (opinion rendered under former law).