1-8-2. Nomination by minor political party; convention; designated
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nominees.
A. If the rules of a minor political party require nomination by political convention:
(1)the chair and secretary of the state political convention shall certify to the secretary of state the names of their party's nominees for United States senator, United States representative, all elective state offices, legislative offices elected from multicounty districts, all elective judicial officers in the judicial department and all offices representing a district composed of more than one county; and
(2)the chair and secretary of the county political convention shall certify to the county clerk the names of their party's nominees for elected county offices and for legislative offices elected from a district located wholly within one county or that is composed of only one county.
B. The names certified to the secretary of state shall be filed on the twenty-third day following the primary election in the year of the general election and shall be accompanied by a nominating petition containing the signatures of voters totaling not less than one percent of the total number of votes cast for governor at the last preceding general election at which a governor was elected:
(1)in the state for statewide offices; provided that if there are fewer members of the minor party registered to vote in the state for statewide offices or registered to vote in the district for offices other than statewide offices than the number of signatures required for that office, a nominating petition shall contain the signatures of voters totaling not less than the required number of signatures of voters for independent candidates for the same office; and provided further that for the public education commission, a nominating petition shall be signed by at least two-thirds of the number of signatures that would otherwise be required, and for a judicial office, a nominating petition shall be signed by two-thirds of the number of signatures that would otherwise be required; and
(2)in the district for offices other than statewide offices.
The petition shall contain a statement that the voters signing the petition are residents of the area to be represented by the office for which the person being nominated is a candidate.
C. The names certified to the county clerk shall be filed on the twenty-third day following the primary election in the year of the general election and shall be accompanied by a nominating petition containing the signatures of voters totaling not less than one percent of the total number of votes cast for governor at the last preceding general election at which a governor was elected:
(1)in the county for countywide offices; and
(2)in the district for offices other than countywide offices; provided that if there are fewer members of the minor party registered to vote in the county for countywide offices or registered to vote in the district for offices other than countywide offices than the number of signatures required for that office, a nominating petition shall contain the signatures of voters totaling not less than the required number of signatures of voters for independent candidates for the same office; and provided further that for a judicial office, a nominating petition shall be signed by two-thirds of the number of signatures that would otherwise be required.
The petition shall contain a statement that the voters signing the petition are residents of the area to be represented by the office for which the person being nominated is a candidate.
D. Except in the case of a political party certified in the year of the election, persons certified as candidates shall be members of that party on the day the secretary of state issues the general election proclamation.
E. When a political party is certified in the year of the general election, and after the day the secretary of state issues the general election proclamation, a person certified as a candidate shall be:
(1)a member of that party not later than the date the political party filed its rules and qualifying petitions pursuant to Sections 1-7-2 and 1-7-4 NMSA 1978; and
(2)a resident in the district of the office for which the person is a candidate on the date of the secretary of state's proclamation for the general election or in the case of a person seeking the office of United States senator or United States representative, a resident within New Mexico on the date of the secretary of state's proclamation for the general election. No person who is a candidate for a party in a primary election may be certified as a candidate for a different party in the general election in the same election cycle.
F. No voter shall sign a petition prescribed by this section for more persons than the number of candidates necessary to fill the office at the next ensuing general election.
History: 1953 Comp., § 3-8-2, enacted by Laws 1969, ch. 240, § 152; 1971, ch. 317, § 14; 1975, ch. 255, § 100; 1977, ch. 222, § 18; 1977, ch. 358, § 1; 1981, ch. 147, § 1; 1983, ch. 258, § 2; 1990, ch. 39, § 2; 1993, ch. 314, § 44; 1993, ch. 316, § 44; 1995, ch. 124, § 10; 1998, ch. 36, § 1; 2007, ch. 336, § 13; 2014, ch. 40, § 3; 2014, ch. 81, § 3; 2019, ch. 212, § 87; 2020, ch. 9, § 2; 2023, ch. 39, § 42.