2020 New Mexico Statutes
Chapter 1 - Elections
Article 8 - Nominations and Primary Elections
Section 1-8-50 - Independent candidates for general or United States representative special elections; nominating petition form.

A. As used in Sections 1-8-45 through 1-8-52 NMSA 1978, "nominating petition" means the authorized form used for obtaining the required number of signatures of voters that is signed on behalf of the person wishing to become an independent candidate for a political office in a general or United States representative special election requiring a nominating petition.

B. In making a declaration of candidacy, the candidate shall file a nominating petition at the same time, which shall be on forms prescribed by law.

C. The nominating petition for an independent candidate for any office except president of the United States shall be on paper approximately eight and one-half inches wide and eleven inches long with numbered lines for signatures spaced approximately three-eighths of an inch apart and shall be in the following form:

"NOMINATING PETITION FOR INDEPENDENT CANDIDACY

I, the undersigned, a registered voter of New Mexico, hereby nominate ____________________, who resides at ______________________ in the county of _______________, New Mexico, as an independent candidate for the office of _________________________, to be voted for at the general election, or United States representative special election to be held on ___________________, (month) (day) __________ (year) and I declare that I am a registered voter of the state, district, county or area to be represented by the office for which the person being nominated is a candidate. I also declare that I have not signed, and will not sign, any nominating petition for more persons than the number of candidates necessary to fill the office at the next ensuing general election or at a United States representative special election.

D. The nominating petition for an independent candidate for the office of president of the United States shall be on paper approximately eight and one-half inches wide and eleven inches long with numbered lines for signatures spaced approximately three-eighths of an inch apart and shall be in the following form:

"NOMINATING PETITION FOR INDEPENDENT CANDIDACY FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES

I, the undersigned, a registered voter of New Mexico, by endorsement hereon, petition that the name of ____________ be printed on the general election ballot as an independent candidate for the office of president of the United States, to be voted on at the general election to be held on November _________, _____. I also declare that I am that person whose name appears hereon and that I have not signed, nor will I sign, any nominating petition for any other candidate seeking the office of president of the United States at the next ensuing general election.".

E. In March of even-numbered years, the secretary of state shall post on the secretary of state's web site and shall furnish to each county clerk a sample of the nominating petition form, a copy of which shall be made available by the county clerk upon request of any candidate as provided by the Election Code.

F. When more than one sheet is required for a petition, each of the sheets shall be in the form prescribed by this section, and all sheets shall be firmly secured by a staple or other suitable fastening.

History: 1953 Comp., § 3-8-27.6, enacted by Laws 1977, ch. 322, § 6; 1999, ch. 267, § 30; 2001, ch. 234, § 2; 2011, ch. 137, § 64.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For county clerk making available a sample copy of the nominating petition, see 1-8-30 NMSA 1978.

The 2011 amendment, effective July 1, 2011, deleted the statement in the heading of the form that the form is for any office except president of the United States and required the secretary of state to post the nominating petition form on the secretary of state's web site in March of even-numbered years.

The 2001 amendment, effective June 15, 2001, in Subsections C and D, changed the paper length for nominating petitions from fourteen inches long to eleven inches long.

The 1999 amendment, effective June 18, 1999, updated the statutory references and inserted "authorized" in Subsection A; added Subsections B and D; in present Subsection C, inserted "for an independent candidate for any office except president of the United States" in the introductory language, inserted "FOR ANY OFFICE EXCEPT PRESIDENT OF THE UNITED STATES" in the form heading, and inserted "or at a United States representative special election" within the form; deleted former Subsection D, which read "The signature of the voter shall not be counted unless the entire line is filled out in full and is upon the form prescribed by this section"; and made stylistic changes, including redesignation of subsections due to addition and deletion of subsections.