A. The basis of percentage for the total number of votes cast in each instance referred to in this section shall be the total vote cast for governor at the last preceding general election at which a governor was elected.
B. Nominating petitions for an independent candidate for president of the United States shall be signed by a number of voters equal to the number of signatures required to form a new political party.
C. Nominating petitions for an independent candidate for United States senator or any other statewide elective office shall be signed by a number of voters equal to at least two percent of the total number of votes cast in the state.
D. Nominating petitions for an independent candidate for United States representative shall be signed by a number of voters equal to at least two percent of the total number of votes cast in the district.
E. Nominating petitions for an independent candidate for a member of the legislature, public regulation commission, district judge, district attorney, member of the public education commission, magistrate or county office shall be signed by a number of voters equal to at least two percent of the total number of votes cast in the district, division or county, as the case may be.
F. When a vacancy for any office occurs on the general election ballot pursuant to Section 1-8-7 or 1-8-8 NMSA 1978 in which all political parties may name a general election candidate or when a vacancy occurs in the office of United States representative pursuant to Section 1-15-18.1 NMSA 1978, an independent candidate may file a declaration of candidacy on or by the same deadline applicable to the political parties. The nominating petitions for an independent candidate in such circumstances shall be signed by the number of voters provided in this section, unless there are fewer than:
(1) sixty days from the announcement of the vacancy to the last day to file a declaration of candidacy, in which case an independent candidate shall submit nominating petitions signed by a number of voters equal to two-thirds the number of voters otherwise required by this section for an independent candidate; or
(2) thirty days from the announcement of the vacancy to the last day to file a declaration of candidacy, in which case an independent candidate shall submit nominating petitions signed by a number of voters equal to one-third the number of voters otherwise required by this section for an independent candidate.
G. A voter shall not sign a petition for an independent candidate as provided in this section if the voter has signed a petition for another independent candidate for the same office.
History: 1953 Comp., § 3-8-27.7, enacted by Laws 1977, ch. 322, § 7; 1990, ch. 39, § 3; 1991, ch. 105, § 15; 1998, ch. 36, § 8; 2019, ch. 212, § 98.
The 2019 amendment, effective April 3, 2019, revised the number of voter signatures required for nominating petitions; after "at least", deleted "three" and added "two" throughout; in Subsection B, after "voters equal to", deleted "at least three percent of the total number of votes cast in the state" and added "the number signatures required to form a new political party"; in Subsection E, after "member of the", deleted "state board of" and added "public", and after "education", added "commission"; and added a new Subsection F and redesignated former Subsection F as Subsection G.
The 1998 amendment, effective March 6, 1998, inserted ", public regulation commission" in Subsection E and substituted "A" for "The" at the beginning of Subsection F.
The 1991 amendment, effective April 2, 1991, substituted "three percent" for "five percent" in Subsections B, C, D and E and inserted "other" preceding "statewide" in Subsection C.
The 1990 amendment, effective March 1, 1990, deleted "three percent of the total number of votes cast in each of at least fifteen counties in the state and not less than" following "equal to at least" in Subsection B, deleted "three percent of the total number of votes cast in each of at least ten counties in the state and not less than" following "equal to at least" in Subsection C, deleted "three percent of the total number of votes cast in each of at least five counties in the district and not less than" following "equal to at least" in Subsection D, in Subsection F, deleted former item (2) which read "he has signed a petition for a candidate for the same office in the primary election," deleted the former final sentence which read "The voter shall not sign any nominating petition for more persons than the number of independent candidates necessary to fill such office at the next ensuing general election" and made related stylistic changes.
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.