2020 New Mexico Statutes
Chapter 1 - Elections
Article 8 - Nominations and Primary Elections
Section 1-8-44 - Primary Election Law; withdrawal of candidates.

A candidate seeking to withdraw from a primary election shall withdraw no later than the first Tuesday in April before that primary election by filing a signed and notarized statement of withdrawal with the proper filing officer.

History: 1953 Comp., § 3-8-32, enacted by Laws 1969, ch. 240, § 182; 1975, ch. 255, § 113; 1979, ch. 378, § 10; 1988, ch. 17, § 5; 1999, ch. 267, § 28; 2007, ch. 274, § 2; 2011, ch. 137, § 61.

The 2011 amendment, effective July 1, 2011, required that a withdrawal be filed with a proper filing officer rather than with the secretary of state.

The 2007 amendment, effective June 15, 2007, required a candidate who wishes to withdraw from candidacy to file a signed and notarized statement of withdrawal with the secretary of state.

The 1999 amendment, effective June 18, 1999, rewrote the section, which formerly read: "No candidate shall withdraw from a primary election unless he withdraws no later than the first Friday after the filing date."

Withdrawal before primary creates no vacancy. — When the only candidate for a county office for a given political party participating in the primary withdraws prior to the primary, no vacancy exists. 1956 Op. Att'y Gen. No. 56-6419.

Section applies at any time after filing of any declaration. Hence, the candidate would be required to file an affidavit of withdrawal on a separate sheet with the county clerk and then file a second declaration of candidacy. 1956 Op. Att'y Gen. No. 56-6407.

Withdrawal from first office necessary to file for second. — A person who filed for an office and then without the benefit of a formal withdrawal changed his original declaration and filed for a second office is eligible to run for the first office filed for and not the second as no withdrawal has been accomplished. The moneys paid by that person cannot be refunded and must be treated as a filing fee despite the mistake which was made by the candidate. 1956 Op. Att'y Gen. No. 56-6407.

Procedure for withdrawal. — A candidate may withdraw his candidacy before the official ballots are printed, a valid withdrawal being effected by notifying the officer with whom the declaration of candidacy was originally filed, before she issues her certificate. 1950 Op. Att'y Gen. No. 50-5294.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 213, 214.

Power of political party or its officials to withdraw nominations, 155 A.L.R. 186.

29 C.J.S. Elections § 95.