A. All candidates seeking primary election nomination to a statewide office or the office of United States representative shall file declarations of candidacy with the proper filing officer. Candidates shall file nominating petitions at the time of filing their declarations of candidacy. Candidates who seek, but do not obtain, preprimary convention designation by a major political party may file new declarations of candidacy and nominating petitions pursuant to Section 1-8-33 NMSA 1978.
B. Except as provided in Subsection C of this section, candidates for any other office listed in Section 1-8-13C shall have their names placed on the primary election ballot by filing declarations of candidacy and nominating petitions with the proper filing officer.
C. Candidates for county office shall have their names placed on the primary election ballot by filing declarations of candidacy and paying filing fees or filing the proper paupers' statements at the time of filing declarations of candidacy with the proper filing officer.
History: 1978 Comp., § 1-8-21, enacted by Laws 1996, ch. 20, § 3; 2009, ch. 202, § 1.
Repeals and reenactments. — Laws 1975, ch. 228, § 2, repealed former 3-8-19, 1953 Comp., relating to declaration of candidacy under Primary Election Law, and enacted a new 3-8-19, 1953 Comp., relating to method of placing names on primary ballot under Primary Election Law.
Laws 1975, ch. 295, § 7, repealed former 3-8-19, 1953 Comp., relating to method of placing names on primary ballot under Primary Election Law, and enacted a new 3-8-19, 1953 Comp.
Laws 1994, ch. 92, § 2 repealed 1-8-21 NMSA 1978, as amended by Laws 1993, ch. 55, § 2, and enacted a new section, effective January 1, 1996.
Laws 1996, ch. 20, § 2 repealed 1-8-21 NMSA 1978, as amended by Laws 1996, ch. 20, § 1, relating to primary elections, effective January 1, 1997. Section 3 of Laws 1996, ch. 20 enacted a new section, effective January 1, 1997.
The 2009 amendment, effective June 19, 2009, deleted former Subsection B, which provided that other candidates may have their names placed on the primary election ballot by filing a declaration of candidacy and nominating petitions with the proper filing officer; and added Subsections B and C.
In filing for office, candidate may use his regular legal name and insert his nickname between his given name and surname, but he should be placed on the ballot only by his legal name and the nickname should be omitted. 1960 Op. Att'y Gen. No. 60-51.
Nickname should be omitted from ballot. — If the candidate inserted the nickname between his initials and his surname, he should go on the ballot by his initials and surname and the nickname should be omitted. 1960 Op. Att'y Gen. No. 60-51.
Person using only nickname not legally filed. — A person would not be legally filed if he uses neither his initials for his given name nor his given name but uses only a nickname with his surname. 1960 Op. Att'y Gen. No. 60-51.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 236, 237.
29 C.J.S. Elections § 114.
Structure 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.