2020 New Mexico Statutes
Chapter 1 - Elections
Article 8 - Nominations and Primary Elections
Section 1-8-4 - Secretary of state; certification of nominees; minor political party.
A. Upon receipt of certificates of nomination of any minor political party and nominating petitions, and no later than 5:00 p.m. on the first Tuesday following the filing date, the proper filing officer shall:
(1) determine whether the method of nomination used by the certifying political party complies with the current rules of that party on file in the secretary of state's office;
(2) determine whether the number of signatures required have been submitted and all the requirements of Sections 1-8-1 through 1-8-3 NMSA 1978 have been complied with; and
(3) if such determinations are answered in the affirmative, mail notice to the certifying party and the candidate no later than 5:00 p.m. on the Tuesday following the filing date that the certificates of nomination and nominating petitions are in proper order and that the candidate, based on those documents, is qualified to have the candidate's name placed on the ballot.
B. If a minor political party candidate is notified by the proper filing officer that the candidate is not qualified to have the candidate's name appear on the ballot, the candidate may challenge the 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 no later than sixty-three days prior to the general election.
C. Any voter may file a court action challenging a minor political party candidate's nominating petitions pursuant to the provisions of Section 1-8-35 NMSA 1978.
History: 1953 Comp., § 3-8-4, enacted by Laws 1969, ch. 240, § 154; 1975, ch. 255, § 102; 1981, ch. 147, § 2; 2011, ch. 137, § 50; 2014, ch. 40, § 4; 2014, ch. 81, § 4; 2017, ch. 101, § 6.
ANNOTATIONSCross references. — For nomination by minor political party, see 1-8-2 and 1-8-3 NMSA 1978.
For certification of nominees participating in primary, see 1-8-5 NMSA 1978.
The 2017 amendment, effective June 16, 2017, changed the deadline for the supreme court to hear and render a decision on an appeal from the district court in cases where a minor political party candidate is challenging a decision that the candidate is not qualified to have the candidate's name appear on the ballot; and in Subsection B, after "render a decision no later than", deleted "fifty-six" and added "sixty-three".
The 2014 amendment, effective March 12, 2014, provided for notification that a candidate is qualified; provided for judicial challenge of a determination that a candidate is not qualified; provided for voter challenges of a candidate's nominating petition; in Subsection A, after "minor political party" added "and nominating petitions", after "5:00 p.m. on the", deleted "thirty-fifth day" and added "first Tuesday", and after "filing date, the", deleted "secretary of state" and added "proper filing officer"; in Subsection A, in Paragraph (2), after "determine whether", added "the number of signatures required have been submitted and", and after "complied with", deleted "and that the petition and list of signatures and addresses of voters are valid and comply with law"; in Subsection A, in Paragraph (3), after "in the affirmative", deleted "within forty-two days following the filing date certify the names of each minor party's nominees as candidates for the office for which each is nominated to each county clerk in the state" and added the remainder of the sentence; and added Subsections B and C.
The 2011 amendment, effective July 1, 2011, imposed a thirty-five day deadline to determine whether the nomination complies with the rules of the party and the requirements of Sections 1-8-1 through 1-8-3 NMSA 1978 and imposed a forty-two day deadline to certify the party's nominees.
Secretary of state need not certify candidates who clearly cannot qualify. — The secretary of state has some discretion under this section, and if it clearly appears that any of the candidates could not qualify for the offices which they seek, the secretary of state has no duty to certify their names. State ex rel. Chavez v. Evans, 1968-NMSC-167, 79 N.M. 578, 446 P.2d 445.
Mandamus is proper action to contest validity of secretary of state's action in failing to certify a party's nominees. State ex rel. Chavez v. Evans, 1968-NMSC-167, 79 N.M. 578, 446 P.2d 445 (decided under former law).
Mandamus will be denied if certificate fails to comply. — Certificate of nomination of candidates for presidential electors by communist party convention did not comply with former statute where signed by secretary of party alone, and mandamus to secretary of state to certify candidates' names to counties under such a certificate, would be denied. Wilson v. Gonzales, 1940-NMSC-073, 44 N.M. 599, 106 P.2d 1093.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 221.
Political principles or affiliations as ground for refusal of government officials to file certificate of nomination, 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 §§ 135, 137.
