N.M. Stat. § 1-8-18 (2026)

A. No person shall become a candidate for nomination by a political party or have the
person's name printed on the primary election ballot unless the person's record of voter
registration shows:

       (1)    affiliation with that political party on the date of the secretary of state's general
election proclamation; and

        (2)    residence in the district of the office for which the person is a candidate on the
date of the secretary of state's general election proclamation or in the case of a person seeking
the office of United States senator or United States representative, residence within New Mexico
on the date of the secretary of state's general election proclamation.

     B. A voter may challenge the candidacy of a person seeking nomination by a political party
for the reason that the person does not meet the requirements of Subsection A of this section by
filing a petition in the district court within ten days after the last day for filing a declaration of
candidacy or a statement of candidacy for convention designation. The district court shall hear
and render a decision on the matter within ten days after the filing of the petition. 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., § 3-8-17, enacted by Laws 1969, ch. 240, § 167; 1973, ch. 228, § 1;
1975, ch. 295, § 6; 1977, ch. 87, § 1; 1979, ch. 74, § 4; 1981, ch. 147, § 4; 2019, ch. 212, § 92.

                                          ANNOTATIONS

Cross references. — For determination of residency for purposes of candidacy, see 1-1-7.1
NMSA 1978.

For rule relating to contest of nomination in primary elections, see Rule 1-087 NMRA.

For appeal as of right, see Rule 12-201 NMRA.

For appeals of nominating petitions, see Rule 12-603 NMRA.

The 2019 amendment, effective April 3, 2019, provided for the secretary of state to issue the
general election proclamation; replaced "governor" with "secretary of state" throughout the
section.

Right of political party to select own candidates. — Principle that political party shall have
right to select its own candidates and that such right should be protected was adopted by the
legislature in former Primary Election Code. Roberts v. Clev eland, 1944-NMSC-031, 48 N.M.
226, 149 P.2d 120.

One-year party affiliation requirement void. — Requirement contained in former version of
this section that a person's record of registration show his affiliation with a political party for a
period of at least one year next preceding the filing date of primary election before he could
become a candidate for nomination by that party added an impermissible requirement of at least
two years residency to the qualifications for United States senator and was therefore void. Dillon
v. Fiorina, 340 F. Supp. 729 (D.N.M. 1972).

Applicability to individual named to fill vacancy. — The predecessor of this section,
providing that candidates for nomination of a political party must have been affiliated with that
party for at least one year, was applicable to an individual named by the party to fill a vacancy
on the general election ballot. 1964 Op. Att'y Gen. No. 64-105.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 263, 264, 265.

Residence or inhabitancy within district or other political unit as necessary qualification of
candidate, 120 A.L.R. 672.

Political principles or affiliations as ground for refusal of government officials to take steps
necessary to representation of party or candidate upon official ticket, 130 A.L.R. 1471.

Constitutionality, construction and application of statutes regarding party affiliations or change
thereof as affecting eligibility to nomination for public office, 153 A.L.R. 641.

29 C.J.S. Elections § 131.
1-8-19. Candidacy in primary of one party bars general election ballot
designation of different party or as an unaffiliated candidate.
   If a person has been a candidate for the nomination of a major political party in the primary
election, he shall not have his name printed on the ballot at the next succeeding general election
except under the party name of the party designated on his declaration of candidacy filed for
such primary election.

History: 1953 Comp., § 3-8-17.1, enacted by Laws 1975, ch. 255, § 106; 1981, ch. 147, § 5.

                                        ANNOTATIONS

Cross references. — For independent candidates, see 1-8-45 to 1-8-52 NMSA 1978.

Intent of section is to prevent party switching after an unsuccessful primary bid in order to
run in the general election. Anderson v. Hooper, 498 F. Supp. 898 (D.N.M. 1980).

Section does not apply to presidential primary and does not prevent placement of
candidate's name on general election ballot. Anderson v. Hooper, 498 F. Supp. 898 (D.N.M.
1980)(decided prior to 1981 amendment).

Running as independent in succeeding election not prevented. — This section and 1-10-7
NMSA 1978 do not prevent an unsuccessful party primary candidate from running as an
independent in the succeeding general election. Anderson v. Hooper, 498 F. Supp. 898 (D.N.M.
1980)(decided prior to 1981 amendment).