2020 New Mexico Statutes
Chapter 1 - Elections
Article 8 - Nominations and Primary Elections
Section 1-8-3 - Nomination by minor political party; other methods.
If the rules and regulations of a minor political party require nomination by a method other than a political convention:
A. the state chairman and the governing board of the state party 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, public regulation commission, all elective judicial officers in the judicial department and all offices representing a district composed of more than one county;
B. the county chairman and the governing board of the county party 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; and
C. the names of such nominees shall be filed in the same time and manner prescribed by the Election Code [Chapter 1 NMSA 1978] for convention-designated nominees of minor political parties, and each list of names certified shall be accompanied by the petition containing a list of signatures and addresses of voters as prescribed for convention-designated nominees.
History: 1953 Comp., § 3-8-3, enacted by Laws 1969, ch. 240, § 153; 1975, ch. 255, § 101; 1998, ch. 36, § 2.
ANNOTATIONSThe 1998 amendment, effective March 6, 1998, inserted ", public regulation commission" in Subsection A and substituted "that" for "which" in Subsection B.
Signature list requirements not unconstitutional. — Signature list requirements under Subsections B and C of this section and 1-8-3C NMSA 1978 do not violate plaintiff's United States constitutional rights of freedom of association, as guaranteed by U.S. Const., amend. I, and of equal protection, as guaranteed by U.S. Const., amend. XIV. People's Constitutional Party v. Evans, 1971-NMSC-116, 83 N.M. 303, 491 P.2d 520.
Requirements to endorse party or designate affiliation not unconstitutional. — That signers of a nominating petition must in effect state that they "endorse the principles of a political party named thereon" or "will designate or have designated such party affiliation on their affidavits of registration" did not violate plaintiff's rights of association or equal protection. People's Constitutional Party v. Evans, 1971-NMSC-116, 83 N.M. 303, 491 P.2d 520.
Lists guard against abuse of elective franchise and secure election purity. — The New Mexico legislature has determined that the signature list requirements as provided by Subsections B and C of this section and 1-8-3C NMSA 1978 are consistent with its authority and duty to secure the purity of elections and guard against abuse of the elective franchise, and it is the supreme court's duty to uphold this legislative determination, unless satisfied beyond all reasonable doubt that the legislature went outside its constitutional authority in enacting these statutory requirements. People's Constitutional Party v. Evans, 1971-NMSC-116, 83 N.M. 303, 491 P.2d 520.
Legitimate state interests. — The state has a legitimate interest in trying to determine some degree of good faith on the part of electors who sign nominating petitions, and in assuring at least a modicum of support for a political party and its nominees whose names are placed on the general election ballot and these requirements imposed by the legislature under this section and 1-8-3 NMSA 1978 are consistent with its duty to protect the purity of elections and safeguard against abuse of the elective franchise. People's Constitutional Party v. Evans, 1971-NMSC-116, 83 N.M. 303, 491 P.2d 520.
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 § 227.
Constitutionality of election laws as regards nomination otherwise than by statutory convention or primary election, 146 A.L.R. 668.
29 C.J.S. Elections § 105.
