New Mexico Statutes
Article 8 - Nominations and Primary Elections
Section 1-8-33 - Primary Election Law; nominating petition; number of signatures required.

A. As used in this section, "total vote" means the sum of all votes cast for all of the party's candidates for governor at the last preceding primary election at which the party's candidate for governor was nominated.
B. Candidates who seek preprimary convention designation shall file nominating petitions at the time of filing declarations of candidacy. Nominating petitions for those candidates shall be signed by a number of voters equal to at least two percent of the total vote of the candidate's party in the state or congressional district, or the following number of voters, whichever is greater: for statewide offices, two hundred thirty voters; and for congressional candidates, seventy-seven voters.
C. Nominating petitions for candidates for any other office to be voted on at the primary election for which nominating petitions are required shall be signed by a number of voters equal to at least three percent of the total vote of the candidate's party in the district or division, or the following number of voters, whichever is greater: for metropolitan court and magistrate courts, ten voters; for the public regulation commission, fifty voters; for the public education commission, twenty-five voters; for state representative, ten voters; for state senator, seventeen voters; and for district attorney and district judge, fifteen voters.
D. A candidate who fails to receive the preprimary convention designation that the candidate sought may collect additional signatures to total at least four percent of the total vote of the candidate's party in the state or congressional district, whichever applies to the office the candidate seeks, and file a new declaration of candidacy and nominating petitions for the office for which the candidate failed to receive a preprimary designation. The declaration of candidacy and nominating petitions shall be filed with the secretary of state either ten days following the date of the preprimary convention at which the candidate failed to receive the designation or on the date all declarations of candidacy and nominating petitions are due pursuant to the provisions of the Primary Election Law [1-8-10 to 1-8-52 NMSA 1978], whichever is later.
History: 1953 Comp., § 3-8-24.4, enacted by Laws 1973, ch. 228, § 7; 1975, ch. 255, § 110; Laws 1975, ch. 295, § 17; 1979, ch. 378, § 9, 1982, ch. 1, § 2; Laws 1985, ch. 2, § 6; 1985, ch. 206, § 2; 1987, ch. 216, § 1; 1993, ch. 55, § 7; 1994, ch. 92, § 5; 1995, ch. 124, § 16; 1998, ch. 36, § 5; 2007, ch. 337, § 10; 2008, ch. 57, § 1.
The 2008 amendment, effective February 29, 2008, added Subsection D.
The 2007 amendment, effective July 1, 2007, eliminated the procedure by which a candidate who failed to receive a preprimary convention designation could obtain a declaration of candidacy and nominating petition.
The 1998 amendment, effective March 6, 1998, inserted "; for the public regulation commission, fifty voters" in Subsection C.
The 1995 amendment, effective January 1, 1996, in Subsection B, deleted "do not" preceding "seek", substituted "two" for "three", and substituted the language beginning "or the following number" at the end for "as the case may be"; in Subsection C, substituted the language beginning "or the following number of voters" at the end for "as the case may be"; and in Subsection D, substituted "additional signatures to total at least four percent" for "signatures equal to at least three percent" and made minor stylistic changes.
The 1994 amendment, effective January 1, 1996, in Subsection B, inserted the first sentence and substituted "those candidates" for "a candidate for United States senator, any statewide officer or any candidate for United States representative" in the second sentence; deleted former Subsection D relating to the submission of nominating petitions and redesignated former Subsection E as Subsection D; and substituted "equal to at least three" for "from an additional one" in Subsection D.
The 1993 amendment, effective November 15, 1993, substituted "As used in this section, 'Total vote' means the sum of all votes cast for all of" for "The basis of percentage for the votes of the party in each instance referred to in this section shall be the total vote for" at the beginning of Subsection A, deleted "provided that in determining the total vote of the party on the nominating petition for a candidate for member of the legislature, absentee votes shall be excluded" at the end of Subsection C, and added Subsections D and E.
Nominating petition signature requirement not violative of equal protection. — States may impose on minor political parties the precondition of demonstrating the existence of some reasonable quantum of voter support by requiring such parties to file petitions for a place on the ballot signed by a percentage of those who voted in a prior election. Consequently, this section is not repugnant to the equal protection clause of the fourteenth amendment, since the percentage requirements are identical for the different political parties, all candidates of the same party running for the same office must acquire the same number of signatures, and any disparity in the number of signatures required as between the different parties merely accentuates the basic fairness of the procedure in recognizing the variation in the number of registered voters affiliated with the numerous parties in this state. Dillon v. King, 1974-NMSC-096, 87 N.M. 79, 529 P.2d 745.
Signature requirement discourages "laundry list" ballots. — "Laundry list" ballots discourage voter participation and confuse and frustrate those who participate. Rational results within the framework of our system are not likely to be reached if the ballot for a single office must list a dozen or more aspirants who are relatively unknown or have no prospects for success. Our electoral history vividly demonstrates that unrestricted primaries foster a rank and verdant growth of candidates. Dillon v. King, 1974-NMSC-096, 87 N.M. 79, 529 P.2d 745.
Legitimate state interest. — Free and open elections do not require a total lack of restraint on the number of political parties and nominees entitled to placement on the ballot. The state has a legitimate interest in trying to determine some degree of good faith on the part of electors who sign nominating petitions, in assuring at least a modicum of support for a political party and its nominees whose names are placed on the general election ballot, and in regulating the size of the ballot so as to minimize voter confusion and to prevent the overwhelming of voting machines. Dillon v. King, 1974-NMSC-096, 87 N.M. 79, 529 P.2d 745.
Official canvass record used in determining number of signatures required. — In determining the number of signatures required under former 3-11-7, 1953 Comp. to be contained in a petition for nomination the official canvass is to be the record that is used. 1964 Op. Att'y Gen. No. 64-35.

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