A. As used in the Election Code, an independent candidate means a person who:
(1) is a candidate for any state or county office to be voted on at a general election:
(a) whose certificate of voter registration shows affiliation with no qualified political party on the date of the secretary of state's general election proclamation and, if applicable, shows residence on the date of the secretary of state's proclamation in the district or county of the office for which the person is a candidate; and
(b) who has complied with the nomination procedures set forth in the Election Code for independent candidates;
(2) is a candidate for United States senator or United States representative:
(a) whose certificate of voter registration, if any, shows affiliation with no qualified political party on the date of the secretary of state's general election proclamation;
(b) who will be a resident of New Mexico when elected; and
(c) who has complied with the nomination procedures set forth in the Election Code for independent candidates; or
(3) is a candidate for the office of president or vice president who:
(a) has complied with the nomination procedures set forth in the Election Code for independent candidates; and
(b) was not a major party candidate for the same office on the primary election ballot.
B. No person shall become an independent candidate for any office, and the person's name shall not be printed on the general election ballot, unless the person complies with the requirements of this section.
C. Any voter may challenge the candidacy of any person seeking to become an independent candidate for any office for the reason that the person does not meet the requirements of this section or because the nominating petitions, if required, do not meet the requirements of Section 1-8-31 NMSA 1978 [1-1-7.2 NMSA 1978] by filing a petition in the district court within ten days after the last day for filing a declaration of candidacy. The district court shall hear and render a decision on the matter within ten days after the filing of the petition. 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 on the appeal forthwith.
History: 1953 Comp., § 3-8-27.1, enacted by Laws 1977, ch. 322, § 1; 1981, ch. 147, § 6; 1993, ch. 314, § 49; 1993, ch. 316, § 49; 2011, ch. 137, § 62; 2019, ch. 212, § 96.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2019, ch. 212, § 9 recompiled and amended former 1-8-31 NMSA 1978 as 1-1-7.2 NMSA 1978, effective April 3, 2019.
The 2019 amendment, effective April 3, 2019, provided for the secretary of state to issue the general election proclamation; and replaced "governor's" with "secretary of state's general election" throughout.
The 2011 amendment, effective July 1, 2011, defined an independent candidate as a person whose certificate of voter registration shows affiliation with no qualified political party; prohibited a person from being an independent candidate for office unless the person complies with this section; and provided the procedure for challenging the candidacy of a person as an independent candidate.
The 1993 amendment, effective June 18, 1993, substituted "certificate" for "affidavit" in Subsection D.
Structure 2021 New Mexico Statutes
Article 8 - Nominations and Primary Elections
Section 1-8-1 - Nominating procedures; major political parties; minor political parties.
Section 1-8-2 - Nomination by minor political party; convention; designated nominees.
Section 1-8-3 - Nomination by minor political party; other methods.
Section 1-8-3 - Nomination by minor political party; other methods. (Effective January 1, 2023.)
Section 1-8-4 - Secretary of state; certification of nominees; minor political party.
Section 1-8-5 - Canvassing boards; certification of nominees of parties participating in primary.
Section 1-8-6 - Vacancy on primary ballot.
Section 1-8-8 - Vacancy on general election ballot; occurring after primary.
Section 1-8-11 - Primary Election Law; time of holding primary.
Section 1-8-12 - Primary Election Law; proclamation calling primary and general elections.
Section 1-8-13 - Primary Election Law; contents of proclamation.
Section 1-8-13 - Primary Election Law; contents of proclamation. (Effective January 1, 2023.)
Section 1-8-14 - Primary Election Law; proclamation; duties of secretary of state.
Section 1-8-15 - Primary Election Law; proclamation; duties of county clerk.
Section 1-8-16 - Primary Election Law; proclamation; amendment.
Section 1-8-17 - Primary Election Law; offices affected; questions prohibited.
Section 1-8-18 - Primary Election Law; who may become a candidate.
Section 1-8-20 - Primary Election Law; candidacy for more than one office.
Section 1-8-21 - Primary election; methods of placing names on primary ballot.
Section 1-8-21.1 - Designation of candidates by convention.
Section 1-8-22 to 1-8-24 - Repealed.
Section 1-8-27 - Primary Election Law; declaration of candidacy; manner of filing.
Section 1-8-29 - Primary Election Law; declaration of candidacy; form.
Section 1-8-32 - Primary Election Law; nominating petition; offenses; penalty.
Section 1-8-33 - Primary Election Law; nominating petition; number of signatures required.
Section 1-8-36.1 - Primary Election Law; write-in candidates.
Section 1-8-36.1 - Primary Election Law; write-in candidates. (Effective January 1, 2023.)
Section 1-8-37 to 1-8-39 - Repealed.
Section 1-8-39.1 - Declaration of pre-primary designation; certification by secretary of state.
Section 1-8-40 - Primary Election Law; declaration of candidacy; false statement.
Section 1-8-41 - Primary Election Law; filing fee.
Section 1-8-42 - Primary Election Law; pauper's statement in lieu of filing fee.
Section 1-8-44 - Primary Election Law; withdrawal of candidates.