1-8-26. Primary Election Law; time of filing; documents necessary to
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/nm/chapter-1-elections/article-8-nominations-and-primary-elections/1-8-26·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
qualify for ballot; challenge.
A. Declarations of candidacy by preprimary convention designation for any statewide office or for the office of United States representative shall be filed with the proper filing officer on the first Tuesday in February of each even-numbered year between the hours of 9:00 a.m. and 5:00 p.m.
B. Declarations of candidacy for any other office to be nominated in the primary election shall be filed with the proper filing officer on the second Tuesday of March of each even- numbered year between the hours of 9:00 a.m. and 5:00 p.m.
C. Certificates of designation shall be submitted to the secretary of state on the first Tuesday following the preprimary convention at which the candidate's designation took place between the hours of 9:00 a.m. and 5:00 p.m.
D. No name shall be placed on the ballot until the person has been notified in writing by the proper filing officer that the certificate of registration on file, the declaration of candidacy and the petition, if required, are in proper order and that the person, based on those documents, is qualified to be a candidate. The proper filing officer shall mail the notice no later than 5:00 p.m. on the Tuesday following the filing date.
E. If a person is notified by the proper filing officer that the person is not qualified to be a candidate, the person may challenge that decision by filing a petition with the district court within ten days of the notification. The district court shall hear and render a decision on the matter within ten days after the petition is filed. 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., § 3-8-21, enacted by Laws 1975, ch. 295, § 12; 1983, ch. 232, § 10; 1985, ch. 2, § 4; 1985, ch. 207, § 7; 1987, ch. 327, § 13; 1989, ch. 392, § 17; 1993, ch. 55, § 3; 1993, ch. 314, § 45; 1993, ch. 316, § 45; 1994, ch. 2, § 1; 1994, ch. 92, § 3; 1995, ch. 124, § 14; 1997, ch. 15, § 1; 2009, ch. 202, § 2; 2011, ch. 137, § 56; 2013, ch. 121, § 2; 2014, ch. 40, § 5; 2014, ch. 81, § 5; 2015, ch. 145, § 54; 2019, ch. 212, § 93.