2020 New Mexico Statutes
Chapter 1 - Elections
Article 8 - Nominations and Primary Elections
Section 1-8-18 - Primary Election Law; who may become a candidate.
A. No person shall become a candidate for nomination by a political party or have the person's name printed on the primary election ballot unless the person's record of voter registration shows:
(1) affiliation with that political party on the date of the secretary of state's general election proclamation; and
(2) residence in the district of the office for which the person is a candidate on the date of the secretary of state's general election proclamation or in the case of a person seeking the office of United States senator or United States representative, residence within New Mexico on the date of the secretary of state's general election proclamation.
B. A voter may challenge the candidacy of a person seeking nomination by a political party for the reason that the person does not meet the requirements of Subsection A of this section by filing a petition in the district court within ten days after the last day for filing a declaration of candidacy or a statement of candidacy for convention designation. The district court shall hear and render a decision on the matter within ten days after the filing of the petition. The decision of the district court may be appealed to the supreme court within five days after the decision is rendered. The supreme court shall hear and render a decision on the appeal forthwith.
History: 1953 Comp., § 3-8-17, enacted by Laws 1969, ch. 240, § 167; 1973, ch. 228, § 1; 1975, ch. 295, § 6; 1977, ch. 87, § 1; 1979, ch. 74, § 4; 1981, ch. 147, § 4; 2019, ch. 212, § 92.
ANNOTATIONSCross references. — For determination of residency for purposes of candidacy, see 1-1-7.1 NMSA 1978.
For rule relating to contest of nomination in primary elections, see Rule 1-087 NMRA.
For appeal as of right, see Rule 12-201 NMRA.
For appeals of nominating petitions, see Rule 12-603 NMRA.
The 2019 amendment, effective April 3, 2019, provided for the secretary of state to issue the general election proclamation; replaced "governor" with "secretary of state" throughout the section.
Right of political party to select own candidates. — Principle that political party shall have right to select its own candidates and that such right should be protected was adopted by the legislature in former Primary Election Code. Roberts v. Clev eland, 1944-NMSC-031, 48 N.M. 226, 149 P.2d 120.
One-year party affiliation requirement void. — Requirement contained in former version of this section that a person's record of registration show his affiliation with a political party for a period of at least one year next preceding the filing date of primary election before he could become a candidate for nomination by that party added an impermissible requirement of at least two years residency to the qualifications for United States senator and was therefore void. Dillon v. Fiorina, 340 F. Supp. 729 (D.N.M. 1972).
Applicability to individual named to fill vacancy. — The predecessor of this section, providing that candidates for nomination of a political party must have been affiliated with that party for at least one year, was applicable to an individual named by the party to fill a vacancy on the general election ballot. 1964 Op. Att'y Gen. No. 64-105.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 263, 264, 265.
Residence or inhabitancy within district or other political unit as necessary qualification of candidate, 120 A.L.R. 672.
Political principles or affiliations as ground for refusal of government officials to take steps necessary to representation of party or candidate upon official ticket, 130 A.L.R. 1471.
Constitutionality, construction and application of statutes regarding party affiliations or change thereof as affecting eligibility to nomination for public office, 153 A.L.R. 641.
29 C.J.S. Elections § 131.
