2020 New Mexico Statutes
Chapter 1 - Elections
Article 8 - Nominations and Primary Elections
Section 1-8-2 - Nomination by minor political party; convention; designated nominees.
A. If the rules of a minor political party require nomination by political convention:
(1) the chair and secretary of the state political convention shall certify to the secretary of state the names of their party's nominees for United States senator, United States representative, all elective state offices, legislative offices elected from multicounty districts, the public regulation commission, all elective judicial officers in the judicial department and all offices representing a district composed of more than one county; and
(2) the chair and secretary of the county political convention shall certify to the county clerk the names of their party's nominees for elected county offices and for legislative offices elected from a district located wholly within one county or that is composed of only one county.
B. The names certified to the secretary of state shall be filed on the twenty-third day following the primary election in the year of the general election and shall be accompanied by nominating petitions containing the signatures of voters totaling not less than one percent of the total number of votes cast for governor at the last preceding general election at which a governor was elected:
(1) in the state for statewide offices; and
(2) in the district for offices other than statewide offices.
The petition shall contain a statement that the voters signing the petition are residents of the area to be represented by the office for which the person being nominated is a candidate.
C. The names certified to the county clerk shall be filed on the twenty-third day following the primary election in the year of the general election and shall be accompanied by a nominating petition containing the signatures of voters totaling not less than one percent of the total number of votes cast for governor at the last preceding general election at which a governor was elected:
(1) in the county for countywide offices; and
(2) in the district for offices other than countywide offices.
The petition shall contain a statement that the voters signing the petition are residents of the area to be represented by the office for which the person being nominated is a candidate.
D. Except in the case of a political party certified in the year of the election, persons certified as candidates shall be members of that party on the day the secretary of state issues the general election proclamation.
E. When a political party is certified in the year of the general election, and after the day the secretary of state issues the general election proclamation, a person certified as a candidate shall be:
(1) a member of that party not later than the date the political party filed its rules and qualifying petitions pursuant to Sections 1-7-2 and 1-7-4 NMSA 1978; and
(2) a resident in the district of the office for which the person is a candidate on the date of the secretary of state's proclamation for the general election or in the case of a person seeking the office of United States senator or United States representative, a resident within New Mexico on the date of the secretary of state's proclamation for the general election. No person who is a candidate for a party in a primary election may be certified as a candidate for a different party in the general election in the same election cycle.
F. No voter shall sign a petition prescribed by this section for more persons than the number of candidates necessary to fill the office at the next ensuing general election.
History: 1953 Comp., § 3-8-2, enacted by Laws 1969, ch. 240, § 152; 1971, ch. 317, § 14; 1975, ch. 255, § 100; 1977, ch. 222, § 18; 1977, ch. 358, § 1; 1981, ch. 147, § 1; 1983, ch. 258, § 2; 1990, ch. 39, § 2; 1993, ch. 314, § 44; 1993, ch. 316, § 44; 1995, ch. 124, § 10; 1998, ch. 36, § 1; 2007, ch. 336, § 13; 2014, ch. 40, § 3; 2014, ch. 81, § 3; 2019, ch. 212, § 87.
ANNOTATIONSCross references. — For other methods of nomination, see 1-8-3 NMSA 1978.
For certification of minor party nominees, see 1-8-4 NMSA 1978.
The 2019 amendment, effective April 3, 2019, replaced "governor" with "secretary of state" with regard to issuing the general election proclamation, and limited the section to general elections; replaced each occurrence of "governor" with "secretary of state" throughout the section; and replaced each occurrence of "primary" with "general" throughout the section.
The 2014 amendment, effective March 12, 2014, provided for standardized filing dates; required that petitions be signed by one percent of the votes cast for governor at the general election; provided qualifications for candidates; in Subsection B, in the first paragraph, after "filed on the", deleted "twenty-first" and added "twenty-third", after "accompanied by", deleted "a petition containing a list of signatures and addresses of voters" and added "nominating petitions containing the signatures of voters", after "number of votes cast", added "for governor", and after "preceding general election", deleted "for the office of governor or president of the United States, as the case may be" and added "at which a governor was elected", and in the second paragraph, after "residents of the" deleted "state, district, county or"; in Subsection C, in the first paragraph, after "filed on the", deleted "twenty-first" and added "twenty-third", after "shall be accompanied by a", added "nominating", after "petition containing" deleted "a list of" and added "the", after "petition containing the signatures", deleted "and addresses", after "votes cast" added "for governor", and after "general election", deleted "for the office of governor or president of the United States, as the case may be" and added "at which a governor is elected"; and in the second paragraph, after "residents of the", deleted "state, district, county or"; in Subsection D, at the beginning of the sentence, added "Except in the case of a political party certified in the year of the election", after "persons certified as", deleted "nominees" and added "candidates", and after "of that party" deleted "before" and added "on"; added Subsection E; and in Subsection F, after "the number of", deleted "minor party".
Laws 2014, ch. 40, § 3, March 7, 2014, and Laws 2014, ch. 81, § 3, March 12, 2014, enacted identical amendments to this section. The section was set out as amended by Laws 2014, ch. 81, § 3. See 12-1-8 NMSA 1978.
The 2007 amendment, effective April 2, 2007, in Subsection B, changed the date that the names certified to the secretary of state be filed from the second Tuesday in July to the twenty-first day following the primary election; and in Subsection C, required the names certified to the county clerk be filed on the twenty-first day following the primary election.
The 1998 amendment, effective March 6, 1998, inserted ", public regulation commission" in Paragraph A(1).
The 1995 amendment, effective January 1, 1996, substituted "less than one percent" for "less than one-half of one percent" in Subsections B and C, rewrote Subsection D which previously read "Such persons certified as nominees shall be members of that party as shown by their certificates of registration, at the time their names are certifed", and made a minor stylistic change in Subsection E.
The 1993 amendment, effective June 18, 1993, substituted "certificates" for "affidavits" in Subsection D. Laws 1993, ch. 314, § 44 enacted identical amendments to this section.
The 1990 amendment, effective March 1, 1990, deleted the former second sentence in Subsection B which read "Such petition shall be to the effect that the voters signing the petition endorsed the principles of the political party named thereon or that the voters signing the petition will designate or have designated such party affiliation on their affidavits of registration," deleted the former second sentence of Subsection C which was similar to the above-quoted provision, added Subsection E, and made stylistic changes.
Two-petition system not unconstitutional. — The two-petition ballot-access system, which requires a minor political party to first show a modicum of support and then show additional support for each candidate, does not unconstitutionally burden First and Fourteenth Amendment rights absent a showing of evidence to support the claim. Libertarian Party of New Mexico v. Herrera, 506 F.3d 1303 (10th Cir. 2007).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 244 et seq.
29 C.J.S. Elections §§ 97 to 103.
