1. A. A person desiring to be a write-in candidate in a general election shall file with the proper filing officer between 9:00 a.m. and 5:00 p.m. on the twenty-third day after the primary election a declaration of intent to be a write-in candidate, accompanied by a petition signed by a number of voters equal to at least one percent of the total number of votes cast in the area sought to be represented as were cast for governor at the last preceding general election at which a governor was elected.
2. B. A person shall not be a declared write-in candidate 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 nominating 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 on the Friday following the filing date. The determination by the proper filing officer that a person is a declared write-in candidate is subject to the provisions of Section 1-8-18 NMSA 1978.
3. C. If a person is notified by the proper filing officer that the person is not qualified to be a write-in 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.
4. D. A write-in candidate shall be considered a candidate for all purposes and provisions relating to candidates in the Election Code, including the obligation to report under the Campaign Reporting Act [1-22A-1 to 1-22A-10 NMSA 1978], except that the candidate shall not be entitled to have the candidate's name printed on the ballot.
5. E. The secretary of state shall, not more than ten days after the filing date, certify the names of the declared write-in candidates to the county clerks of every county affected by such candidacy.
6. F. No person shall be a write-in candidate in the general election who was a candidate or who filed a declaration of candidacy in the primary election immediately prior to the general election. A write-in candidate for governor or lieutenant governor in the general election shall have a companion write-in candidate, and they shall be candidates to be elected jointly by the casting by a voter of a single vote applicable to both offices.

History: 1978 Comp., § 1-12-19.1, enacted by Laws 1981, ch. 156, § 2; 1983, ch. 232, § 15; 1991, ch. 105, § 27; 2005, ch. 270, § 69; 2009, ch. 150, § 15; 2011, ch. 137, § 89; 2014, ch. 40, § 9; 2014, ch. 81, § 9; recompiled and amended as § 1-8 66 by Laws 2019, ch. 212, § 112; 2023, ch. 39, § 53.

ANNOTATIONS

Recompilations. — Laws 2019, ch. 212, § 112 recompiled and amended former 1-12-19.1 NMSA 1978 as 1-8-66 NMSA 1978, effective April 3, 2019.

Cross references. — For write-in candidates in primary election, see 1-8-36.1 NMSA 1978.

The 2023 amendment, effective June 16, 2023, established a petition signature, qualification, and challenge process for write-in candidates filing to appear on the general election ballot; in Subsection A, after "intent to be a write-in candidate", added "accompanied by a petition signed by a number of voters equal to at least one percent of the total number of votes cast in the area sought to be represented as were cast for governor at the last preceding general election at which a governor was elected"; in Subsection B, deleted "The form of the declaration of intent shall be prescribed by the secretary of state and shall contain a sworn statement by the person that the person is qualified to be a candidate for and to hold the office for which the person is filing" and added the remainder of the subsection; added a new Subsection C and redesignated former Subsections C through E as Subsections D through F, respectively; and in Subsection D, deleted "At the time of filing the declaration of intent to be a write-in candidate, the" and added "A".

The 2019 amendment, effective April 3, 2019, revised the procedures for being a write-in candidate, and removed the section’s application to special elections; in the section heading, "special elections"; in Subsection A, after "intent to be a write-in candidate", deleted "A person desiring to be a write-in candidate in a special election for United States representative or a statewide special election shall file with the proper filing officer between 9:00 a.m. and 5:00 p.m. on the sixty-third day immediately preceding the election a declaration of intent to be a write-in candidate."; in Subsection E, after "who was a candidate", added "or who filed a declaration of candidacy; and deleted Subsections F through H.

The 2014 amendment, effective March 12, 2014, provided for a standardized filing date; and in Subsection A, in the first sentence, after "5:00 p.m. on the", deleted "twenty-first" and added "twenty-third".

The 2011 amendment, effective July 1, 2011, required a write-in candidate to file a declaration of intent on the twenty-first day after the primary election; in Subsection D, required the secretary of state to certify the names of write-in candidates not more than ten days after the filing date; required write-in candidates for governor or lieutenant governor to have a companion write-in candidate; and prescribed the minimum number of votes an unopposed write-in candidate must receive to have the election certified.

The 2009 amendment, effective June 19, 2009, in Paragraph (2) of Subsection F, after "in the proper office", deleted "or entered upon the keyboard on the voting machine"; after "provided on", deleted "a marksense ballot, absentee ballot or emergency paper" and after "declaration of intent" added the remainder of the sentence.

The 2005 amendment, effective July 1, 2005, in Subsection A, provided that a person desiring to be a write-in candidate in a general election shall file the declaration of intent between 9:00 a.m. and 5:00 p.m. on the day after the primary election.

The 1991 amendment, effective April 2, 1991, substituted "sixty-third day" for "fifty-sixth day" in the second sentence in Subsection A and, in Paragraph (2) of Subsection F, substituted "office or entered upon the keyboard" for "slot", inserted "a marksense ballot", and made a related stylistic change.

Write-in ballots in conservancy district elections. — Certain requirements of Section 1-12-19.1 NMSA 1978 pertaining to write-in ballots do not specifically encompass or relate to special district elections and are not capable of adoption in their entirety to those elections. Gonzales v. Middle Rio Grande Conservancy Dist., 1987-NMCA-125, 106 N.M. 426, 744 P.2d 554.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Elections: validity of state or local legislative ban on write-in votes, 69 A.L.R.4th 948.