2020 New Mexico Statutes
Chapter 1 - Elections
Article 8 - Nominations and Primary Elections
Section 1-8-41 - Primary Election Law; filing fee.

The filing fee in the primary election for any county office shall be fifty dollars ($50.00), which shall be paid at the time of the filing of the declaration of candidacy for nomination by a political party.

History: 1953 Comp., § 3-8-26, enacted by Laws 1973, ch. 228, § 11; 1974, ch. 25, § 1; 1977, ch. 222, § 22; 2011, ch. 137, § 60.

Repeals and reenactments. — Laws 1973, ch. 228, § 11, repealed former 3-8-26, 1953 Comp., relating to filing fees under Primary Election Law, and enacted a new 3-8-26, 1953 Comp.

The 2011 amendment, effective July 1, 2011, eliminated the five dollar filing fee for candidates for the office of county councilman, county clerk, county assessor and sheriff.

Fee of 6% of first year's salary unconstitutional. — Under former version of this section, filing fee amounting to 6% of the first year's salary of the office was unconstitutional as applied to the office of United States senator, since the requirement prevented persons otherwise qualified but unable to pay such a fee from becoming candidates for that office and denied voters the opportunity to vote for such persons. Dillon v. Fiorina, 340 F. Supp. 729 (D.N.M. 1972).

No fee required when vacancy duly filled after primary. — The obligation of any candidate to pay a filing fee is one imposed entirely by statute. Hence, when the vacancy occurred prior to the primary election but when the designation of a candidate was duly made pursuant to law subsequent to the primary election, no filing fee is required to be paid or collected by the designee where the original candidate has died and new candidate is designated. 1958 Op. Att'y Gen. No. 58-125.

Means of considering declaration accompanied by fee. — This section does not specifically point to the medium which may be employed in order that the declaration of candidacy be considered "accompanied by a fee." 1956 Op. Att'y Gen. No. 56-6397.

Legislature contemplated moneys may be received by check or draft or otherwise, and the receipt of moneys by a state official may not always necessarily be in cash. 1956 Op. Att'y Gen. No. 56-6397.

Candidate chooses method of payment. — The secretary of state and county clerks must accept the tender of the fee in cash or personal check as the candidate chooses. 1956 Op. Att'y Gen. No. 56-6397.

Clerk may not demand method of payment. — If the "fee" must be tendered in cash, then the secretary of state and county clerks have no authority to accept cashier's or personal checks. Conversely, if the statute is broad enough to permit tender of the "fee" by personal check then the secretary of state and county clerks have no authority to demand that the tender be in cash or even by cashier's check. 1956 Op. Att'y Gen. No. 56-6397.

No return of fee upon withdrawal before election. — The filing fee cannot be returned upon one's withdrawal of candidacy before the election. 1942 Op. Att'y Gen. No. 42-4132.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and effect of statutes exacting filing fees from candidates for public office, 89 A.L.R.2d 864.