2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-21 - Primary election; methods of placing names on primary ballot.

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 state or federal office listed in the proclamation issued pursuant to Section 1-8-13 NMSA 1978 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 any county office listed in the proclamation issued pursuant to Section 1-8-13 NMSA 1978 shall have their names placed on the primary election ballot by filing declarations of candidacy and paying a fifty-dollar ($50.00) filing fee or filing a nominating petition containing no fewer than ten signatures for offices elected by district or twenty signatures for offices elected countywide 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; 2023, ch. 39, § 48.
ANNOTATIONS
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— Laws 1975, ch. 228, § 2, repealed former 3-8-19, 1953 Comp., relating to declaration of candidacy under Primary Election Law, and enacted a new 3-8-19, 1953 Comp., relating to method of placing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Laws 1975, ch. 295, § 7, repealed former 3-8-19, 1953 Comp., relating to method of placing names on primary ballot under Primary Election Law, and enacted a new 3-8-19, 1953 Comp.
Laws 1994, ch. 92, § 2 repealed 1-8-21 NMSA 1978, as amended by Laws 1993, ch. 55, § 2, and enacted a new section, effective January 1, 1996.
Laws 1996, ch. 20, § 2 repealed 1-8-21 NMSA 1978, as amended by Laws 1996, ch. 20, § 1, relating to primary elections, effective January 1, 1997.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 2023 amendment,
effective June 16, 2023, set the filing fee at fifty dollars, and removed a provision allowing county candidates to file a pauper's statement in lieu of paying filing fees, but allowed such candidates to instead file a nominating petition; in Subsection B, after "for any other", added "state or federal", after "listed in", added "the proclamation issued pursuant to", after "Section", deleted "1-8-13C" and added "1-8-13 NMSA 1978"; and in Subsection C, after "Candidates for", added "any", after "county office", added "listed in the proclamation issued pursuant to Section 1-8-13 NMSA 1978", after "paying", added "a fifty-dollar ($50.00)", after "or filing", deleted "the proper paupers' statements" and added "a nominating petition containing no fewer than ten signatures for offices elected by district or twenty signatures for offices elected countywide".
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.