2020 New Mexico Statutes
Chapter 1 - Elections
Article 8 - Nominations and Primary Elections
Section 1-8-26 - Primary Election Law; time of filing; documents necessary to 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 between the hours of 9:00 a.m. and 5:00 p.m.

B. Declarations of candidacy for any other office to be nominated in the primary election shall be filed with the proper filing officer on the second Tuesday of March of each even-numbered year between the hours of 9:00 a.m. and 5:00 p.m.

C. Certificates of designation shall be submitted to the secretary of state on the first Tuesday following the preprimary convention at which the candidate's designation took place between the hours of 9:00 a.m. and 5:00 p.m.

D. No name shall be placed on the ballot until the person has been notified in writing by the proper filing officer that the certificate of registration on file, the declaration of candidacy and the petition, if required, are in proper order and that the person, based on those documents, is qualified to be a candidate. The proper filing officer shall mail the notice no later than 5:00 p.m. on the Tuesday following the filing date.

E. If a person is notified by the proper filing officer that the person is not qualified to be a candidate, the person may challenge that decision by filing a petition with the district court within ten days of the notification. The district court shall hear and render a decision on the matter within ten days after the petition is filed. 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., § 3-8-21, enacted by Laws 1975, ch. 295, § 12; 1983, ch. 232, § 10; 1985, ch. 2, § 4; 1985, ch. 207, § 7; 1987, ch. 327, § 13; 1989, ch. 392, § 17; 1993, ch. 55, § 3; 1993, ch. 314, § 45; 1993, ch. 316, § 45; 1994, ch. 2, § 1; 1994, ch. 92, § 3; 1995, ch. 124, § 14; 1997, ch. 15, § 1; 2009, ch. 202, § 2; 2011, ch. 137, § 56; 2013, ch. 121, § 2; 2014, ch. 40, § 5; 2014, ch. 81, § 5; 2015, ch. 145, § 54; 2019, ch. 212, § 93.

Repeals and reenactments. — Laws 1975, ch. 295, § 12, repealed former 3-8-21, 1953 Comp., relating to declaration of candidacy and time of filing under Primary Election Law, and enacted a new 3-8-21, 1953 Comp.

The 2019 amendment, effective April 3, 2019, revised the provisions related to the time of filing declarations for candidacy; and deleted former Subsection D and redesignated former Subsections E and F as Subsections D and E, respectively.

The 2015 amendment, effective July 1, 2015, amended the deadline by which declarations of candidacy for retention for all affected judicial offices shall be filed; and in Subsection D, after "5:00 p.m. on the", deleted "second Tuesday in March of each even-numbered year" and added "twenty-third day after the primary election".

The 2014 amendment, effective March 12, 2014, provided for a standardized filing date; in Subsection D, after "5:00 p.m. on the", deleted "twenty-first day after the primary election" and added "second Tuesday in March of each even-numbered year".

The 2013 amendment, effective June 14, 2013, changed the time for filing declarations of candidacy and nominating petition signatures to allow time for judicial resolution of nominating petition and other candidacy challenges; in Subsection A, after "filing officer on the", deleted "second" and added "first"; and in Subsection B, after "filing officer on the", deleted "third" and added "second".

The 2011 amendment, effective July 1, 2011, imposed deadlines for filing declarations of candidacy for retention of judicial offices and for appeals to the supreme court.

The 2009 amendment, effective June 19, 2009, in Subsection D, after "declaration of candidacy, the petition", added "if required".

The 1997 amendment, effective June 20, 1997, substituted "Primary election law; time of filing; documents necessary to qualify for ballot; challenge" for "Primary election law; declaration of candidacy; time of filing" in the section heading; made minor stylistic changes in Subsection D, and added Subsection E.

The 1995 amendment, effective January 1, 1996, deleted former Subsection B, which set forth the proper date and times for filing declarations of candidacy for statewide office or office of the United States representative, and redesignated the remaining subsections accordingly.

The 1994 amendment, effective January 1, 1996, added Subsection A, redesignated former Subsection A as Subsection B, deleted former Subsection B relating to declarations of candidacy for other offices, added Subsections C and D, redesignated former Subsection C as Subsection E, and inserted "for candidates not seeking preprimary convention designation" and made minor stylistic changes in Subsection B.

The 1994 amendment, effective January 31, 1994, added Subsection A, redesignated former Subsection A as Subsection B, deleted former Subsection B relating to declarations of candidacy for other offices, added Subsections C and D, redesignated former Subsection C as Subsection E, and inserted "for candidates not seeking preprimary convention designation" and made minor stylistic changes in Subsection B.

The 1993 amendment, effective June 18, 1993, substituted "certificate" for "affidavit" in Subsection C.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Time of filing candidate's application or certificate of nomination before primary or election, mandatory or directory character of statutory provision as to, 72 A.L.R. 290.

Residence or inhabitancy within district or other political unit as necessary qualification of candidate, 120 A.L.R. 672.

Residency: validity of requirement that candidate or public officer have been resident of governmental unit for specified period, 65 A.L.R.3d 1048.