2020 New Mexico Statutes
Chapter 1 - Elections
Article 8 - Nominations and Primary Elections
Section 1-8-1 - Nominating procedures; major political parties; minor political parties.

A. Any major political party in New Mexico, as defined in Section 1-7-7 NMSA 1978, shall nominate its candidates, other than its presidential candidates, by secret ballot at the next succeeding primary election as prescribed in the Primary Election Law [1-8-10 to 1-8-52 NMSA 1978].

B. Any minor political party in New Mexico, as defined in Section 1-7-7 NMSA 1978, shall nominate candidates for public office in the manner prescribed in its party rules and regulations and according to the provisions of the Election Code [Chapter 1 NMSA 1978].

History: 1953 Comp., § 3-8-1, enacted by Laws 1969, ch. 240, § 151; 1975, ch. 255, § 99; 2003, ch. 300, § 1; 2014, ch. 40, § 2; 2014, ch. 81, § 2.

Cross references. — For qualified political party, see 1-7-2 NMSA 1978.

The 2014 amendment, effective March 12, 2014, changed statutory references to definitions of major and minor political parties; and in Subsections A and B, changed "1-1-9" to "1-7-7".

Laws 2014, ch. 40, § 2, effective March 7, 2014, and Laws 2014, ch. 81, § 2, effective March 12, 2014, enacted identical amendments to this section. The section was set out as amended by Laws 2014, ch. 81, § 2. See 12-1-8 NMSA 1978.

The 2003 amendment, effective June 20, 2003, inserted "other than its presidential candidates" following "shall nominate its candidates," near the middle of Subsection A.

Primary Election Law not violative of equal protection clause of U.S. constitution. — Although plaintiff complains that Democrats seeking nomination face an unconstitutionally more onerous burden than do other political party candidates because the greater number of Democrats in New Mexico requires that a greater number of signatures be obtained on nominating petitions, only invidious discrimination violates the United States constitution, and this statute must be sustained if a valid public purpose can be shown for the statute, and limitation of the number of names on the ballot remains a valid consideration. The New Mexico Primary Election Law does not violate the equal protection clause. Dillon v. Evans, 549 F.2d 183 (10th Cir. 1977).

Candidates not required to be registered electors of party. — Candidates nominated by a political party, not required to be nominated at the primary election, are not required to be registered electors of such minority party. State ex rel. Chavez v. Evans, 1968-NMSC-167, 79 N.M. 578, 446 P.2d 445 (decided under former law).

Applicability to nonpartisan ticket in municipal election. — Former act relating to political party organization and nominating procedures did not apply to nonpartisan tickets offered in a municipal election. Hampton v. Priddy, 1946-NMSC-010, 50 N.M. 23, 168 P.2d 100.

Write-in method not permissible. — Write-in method of nominating candidates was not permissible under former Primary Election Law. State ex rel. Van Schoyck v. Board of Cnty. Comm'rs, 1942-NMSC-061, 46 N.M. 472, 131 P.2d 278.

Provision limiting selection and nomination methods required reasonable construction. — Provision of former primary election statute that candidates "shall not be otherwise selected or nominated" required a reasonable, albeit strict, construction. State ex rel. Van Schoyck v. Board of Cnty. Comm'rs, 1942-NMSC-061, 46 N.M. 472, 131 P.2d 278.

Filling vacancy by party committee is exception. — Former provision for filling of vacancy after primary by party committee operated as an exception to statute requiring candidates to be nominated at primary election and required strict construction. State ex rel. Van Schoyck v. Board of Cnty. Comm'rs, 1942-NMSC-061, 46 N.M. 472, 131 P.2d 278.

Law reviews. — For article, "Judicial Selection in New Mexico: A Hybrid of Commission Nomination and Partisan Election," see 30 N.M.L. Rev. 177 (2000).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 207 et seq.

Extent of power of political party, committee or officer to exclude persons from participating in primaries as voters or candidates, 70 A.L.R. 1501, 88 A.L.R. 473, 97 A.L.R. 685, 151 A.L.R. 1121.

Quo warranto to test results of primary election, 86 A.L.R. 246.

Power of political party or its officials to withdraw nominations, 155 A.L.R. 186.

State court jurisdiction over contest involving primary election for member of congress, 68 A.L.R.2d 1320.

Validity of percentage of vote or similar requirement for participation by political parties in primary elections, 70 A.L.R.2d 1162.

Construction and effect of absentee voters' laws, 97 A.L.R.2d 257.

29 C.J.S. Elections § 89 et seq.