1. A. The basis of percentage for the total number of votes cast in each instance referred to in this section shall be the total vote cast for governor at the last preceding general election at which a governor was elected.
2. B. Nominating petitions for an independent candidate for president of the United States shall be signed by a number of voters equal to the number of signatures required to form a new political party.
3. C. Nominating petitions for an independent candidate for United States senator or any other statewide elective office shall be signed by a number of voters equal to at least two percent of the total number of votes cast in the state.
4. D. Nominating petitions for an independent candidate for United States representative shall be signed by a number of voters equal to at least two percent of the total number of votes cast in the district.
5. E. Nominating petitions for an independent candidate for a member of the legislature, district judge, district attorney or county office shall be signed by a number of voters equal to at least two percent of the total number of votes cast in the district, division or county, as the case may be; provided that for the public education commission, nominating petitions shall be signed by at least two-thirds of the number of signatures that would otherwise be required, and for a judicial office, nominating petitions shall be signed by at least two-thirds of the number of signatures that would otherwise be required.

6. F. When a vacancy for any office occurs on the general election ballot pursuant to Section 1-8-7 or 1-8-8 NMSA 1978 in which all political parties may name a general election candidate or when a vacancy occurs in the office of United States representative pursuant to Section 1-15-18.1 NMSA 1978, an independent candidate may file a declaration of candidacy on or by the same deadline applicable to the political parties. The nominating petitions for an independent candidate in such circumstances shall be signed by the number of voters provided in this section, unless there are fewer than:

   1. (1) sixty days from the announcement of the vacancy to the last day to file a declaration of candidacy, in which case an independent candidate shall submit nominating petitions signed by a number of voters equal to two-thirds the number of voters otherwise required by this section for an independent candidate; or
   2. (2) thirty days from the announcement of the vacancy to the last day to file a declaration of candidacy, in which case an independent candidate shall submit nominating petitions signed by a number of voters equal to one-third the number of voters otherwise required by this section for an independent candidate.
7. G. A voter shall not sign a petition for an independent candidate as provided in this section if the voter has signed a petition for another independent candidate for the same office.

History: 1953 Comp., § 3-8-27.7, enacted by Laws 1977, ch. 322, § 7; 1990, ch. 39, § 3; 1991, ch. 105, § 15; 1998, ch. 36, § 8; 2019, ch. 212, § 98; 2020, ch. 9, § 7; 2023, ch. 39, § 52.

ANNOTATIONS

The 2023 amendment, effective June 16, 2023, reduced the number of signatures required on nominating petitions submitted by independent candidates for the public education commission and for judicial offices; and in Subsection E, after "district attorney", deleted "member of the public education commission, magistrate", and after "as the case may be", added "provided that for the public education commission, nominating petitions shall be signed by at least two-thirds of the number of signatures that would otherwise be required, and for a judicial office, nominating petitions shall be signed by at least two-thirds of the number of signatures that would otherwise be required."

The 2020 amendment, effective January 1, 2023, removed the public regulation commission from the calculation of petition signatures needed to run as an independent candidate; and in Subsection E, after "member of the legislature", deleted "public regulation commission".

Laws 2020, ch. 9, § 7 amended 1-8-51 NMSA 1978, effective January 1, 2023, contingent upon the adoption of Laws 2019, SJC/SRC/SJR Nos. 1 and 4, Constitutional Amendment 1, at the general election held on November 3, 2020. Constitutional Amendment 1 was adopted by a vote of 445,655 for and 355,471 against.

The 2019 amendment, effective April 3, 2019, revised the number of voter signatures required for nominating petitions; after "at least", deleted "three" and added "two" throughout; in Subsection B, after "voters equal to", deleted "at least three percent of the total number of votes cast in the state" and added "the number signatures required to form a new political party"; in Subsection E, after "member of the", deleted "state board of" and added "public", and after "education", added "commission"; and added a new Subsection F and redesignated former Subsection F as Subsection G.

The 1998 amendment, effective March 6, 1998, inserted ", public regulation commission" in Subsection E and substituted "A" for "The" at the beginning of Subsection F.

The 1991 amendment, effective April 2, 1991, substituted "three percent" for "five percent" in Subsections B, C, D and E and inserted "other" preceding "statewide" in Subsection C.

The 1990 amendment, effective March 1, 1990, deleted "three percent of the total number of votes cast in each of at least fifteen counties in the state and not less than" following "equal to at least" in Subsection B, deleted "three percent of the total number of votes cast in each of at least ten counties in the state and not less than" following "equal to at least" in Subsection C, deleted "three percent of the total number of votes cast in each of at least five counties in the district and not less than" following "equal to at least" in Subsection D, in Subsection F, deleted former item (2) which read "he has signed a petition for a candidate for the same office in the primary election," deleted the former final sentence which read "The voter shall not sign any nominating petition for more persons than the number of independent candidates necessary to fill such office at the next ensuing general election" and made related stylistic changes.