Ballot access requirements for political candidates in New Mexico

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Note: This article is not intended to serve as an exhaustive guide to running for public office. Individuals should contact their state election agencies for further information.

In order to get on the ballot in New Mexico, a candidate for state or federal office must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses, and the general election.

There are three basic methods by which an individual may become a candidate for office in a state.

  1. An individual can seek the nomination of a state-recognized political party.
  2. An individual can run as an independent. Independent candidates often must petition in order to have their names printed on the general election ballot.
  3. An individual can run as a write-in candidate.

This article outlines the steps that prospective candidates for state-level and congressional office must take in order to run for office in New Mexico. For information about filing requirements for presidential candidates, see "Ballot access requirements for presidential candidates in New Mexico." Information about filing requirements for local-level offices is not available in this article (contact state election agencies for information about local candidate filing processes).

DocumentIcon.jpg See state election laws

Year-specific filing information

2024

U.S. Senate

The table below details filing requirements for U.S. Senate candidates in New Mexico in the 2024 election cycle. For additional information on candidate ballot access requirements in New Mexico, click here.

Filing requirements for U.S. Senate candidates, 2024
State Office Party Signatures required Signature formula Filing fee Filing fee formula Filing deadline Source
New Mexico U.S. Senate Democratic 3,518-7,036 2%-4% of votes cast for all of the party's gubernatorial candidates in the last primary N/A N/A TBD Source
New Mexico U.S. Senate Libertarian 230-460 2%-4% of votes cast for all of the party's gubernatorial candidates in the last primary N/A N/A TBD Source
New Mexico U.S. Senate Republican 1,503-3,006 2%-4% of votes cast for all of the party's gubernatorial candidates in the last primary N/A N/A TBD Source
New Mexico U.S. Senate Unaffiliated 20,894 3% of all votes cast for governor in the last election N/A N/A TBD Source

U.S. House

The table below details filing requirements for U.S. House candidates in New Mexico in the 2024 election cycle. For additional information on candidate ballot access requirements in New Mexico, click here.

Filing requirements for U.S. House candidates, 2024
State Office Party Signatures required Filing fee Filing deadline Source
New Mexico U.S. House Ballot-qualified party 2% of votes cast for all the party's gubernatorial candidates in the last primary election (within the district) N/A TBD Source
New Mexico U.S. House Unaffiliated 3% of all votes cast for governor in the last election (within the district) N/A TBD Source


For filing information from previous years, click "[Show more]" below.

Show more

2022

U.S. House

The table below details filing requirements for U.S. House candidates in New Mexico in the 2022 election cycle. For additional information on candidate ballot access requirements in New Mexico, click here.

Filing requirements for U.S. House candidates, 2022
State Office Party Signatures required Filing fee Filing deadline Source
New Mexico U.S. House Ballot-qualified party 2% of votes cast for all the party's gubernatorial candidates in the last primary election (within the district) N/A 3/8/2022 Source
New Mexico U.S. House Unaffiliated 3% of all votes cast for governor in the last election (within the district) N/A 6/30/2022 Source

Governor

The table below details filing requirements for gubernatorial candidates in New Mexico in the 2022 election cycle. For additional information on candidate ballot access requirements in New Mexico, click here.

Filing requirements for gubernatorial candidates, 2022
State Office Party Signatures required Filing fee Filing deadline Source Notes
New Mexico Governor Democratic 3,518 N/A 3/24/2022 Source
New Mexico Governor Republican 1,503 N/A 3/24/2022 Source
New Mexico Governor Libertarian 230 N/A 3/24/2022 Source
New Mexico Governor Unaffiliated 3% of all votes cast for governor in the last election N/A 6/30/2022 Source

2020

U.S. Senate

The table below details filing requirements for U.S. Senate candidates in New Mexico in the 2020 election cycle. For additional information on candidate ballot access requirements in New Mexico, click here.

Filing requirements for U.S. Senate candidates, 2020
State Office Party Signatures required Signature formula Filing fee Filing fee formula Filing deadline Source
New Mexico U.S. Senate Democratic 3,518-7,036 2%-4% of votes cast for all of the party's gubernatorial candidates in the last primary N/A N/A 3/10/2020 Source
New Mexico U.S. Senate Libertarian 230-460 2%-4% of votes cast for all of the party's gubernatorial candidates in the last primary N/A N/A 3/10/2020 Source
New Mexico U.S. Senate Republican 1,503-3,006 2%-4% of votes cast for all of the party's gubernatorial candidates in the last primary N/A N/A 3/10/2020 Source
New Mexico U.S. Senate Unaffiliated 20,894 3% of all votes cast for governor in the last election N/A N/A 6/25/2020 Source

U.S. House

The table below details filing requirements for U.S. House candidates in New Mexico in the 2020 election cycle. For additional information on candidate ballot access requirements in New Mexico, click here.

Filing requirements for U.S. House candidates, 2020
State Office Party Signatures required Signature formula Filing fee Filing fee formula Filing deadline Source
New Mexico 1st Congressional District Democratic 1,269 2% of votes cast for all the party's gubernatorial candidates in the last primary election (within the district) N/A N/A 2/4/2020 Source
New Mexico 1st Congressional District Republican 410 2% of votes cast for all the party's gubernatorial candidates in the last primary election (within the district) N/A N/A 2/4/2020 Source
New Mexico 2nd Congressional District Democratic 758 2% of votes cast for all the party's gubernatorial candidates in the last primary election (within the district) N/A N/A 2/4/2020 Source
New Mexico 2nd Congressional District Republican 630 2% of votes cast for all the party's gubernatorial candidates in the last primary election (within the district) N/A N/A 2/4/2020 Source
New Mexico 3rd Congressional District Democratic 1,492 2% of votes cast for all the party's gubernatorial candidates in the last primary election (within the district) N/A N/A 2/4/2020 Source
New Mexico 3rd Congressional District Republican 463 2% of votes cast for all the party's gubernatorial candidates in the last primary election (within the district) N/A N/A 2/4/2020 Source

State House

The table below details filing requirements for New Mexico House of Representatives candidates in the 2020 election cycle.

Filing requirements for state legislative candidates, 2020
Chamber name Party Signatures required Filing fee Filing deadline Source
New Mexico House of Representatives Qualified party Varies by party and district N/A 3/10/2020 Source
New Mexico House of Representatives Unaffiliated Varies by party and district N/A 6/25/2020 Source

State Senate

The table below details filing requirements for New Mexico State Senate candidates in the 2020 election cycle.

Filing requirements for state legislative candidates, 2020
Chamber name Party Signatures required Filing fee Filing deadline Source
New Mexico State Senate Qualified party Varies by party and district N/A 3/10/2020 Source
New Mexico State Senate Unaffiliated Varies by party and district N/A 6/25/2020 Source

2018

See also: State and federal candidate filing deadlines for 2018 and New Mexico elections, 2018

See below for 2018 candidate filing deadlines.

March 13, 2018

2016

See also: New Mexico elections, 2016

The calendar below lists important dates for political candidates in New Mexico in 2016.

Dates and requirements for candidates in 2016
Deadline Event type Event description
February 2, 2016 Ballot access Filing deadline for major party candidates for federal and statewide office
March 8, 2016 Ballot access Filing deadline for major party candidates for all other offices
April 11, 2016 Campaign finance First primary report due
May 9, 2016 Campaign finance Second primary report due
June 2, 2016 Campaign finance Third primary report due
June 7, 2016 Election date Primary election
June 30, 2016 Ballot access Filing deadline for independent and minor party candidates
July 7, 2016 Campaign finance Fourth primary report due
September 12, 2016 Campaign finance First general report due
October 10, 2016 Campaign finance Second general report due
November 3, 2016 Campaign finance Third general report due
November 8, 2016 Election date General election
December 8, 2016 Campaign finance Fourth general report due
Sources: New Mexico Secretary of State, "2016 Election FAQ's," accessed June 12, 2015
New Mexico Secretary of State, "Campaign Finance Reporting Schedule," accessed August 7, 2015

2015


2014


Process to become a candidate

DocumentIcon.jpg See statutes: Article 8 of the New Mexico Code

A candidate in New Mexico may run with an officially recognized political party, as an independent or as a write-in.

For major party candidates

The first page of a nominating petition, 2014.

A major party candidate files for office by submitting a declaration of candidacy and nominating petition to the proper filing official. A candidate must file the nominating petition and declaration of candidacy at the same time. This paperwork must be filed in person by the candidate between 9:00 a.m. and 5:00 p.m. on the designated day for filing. The candidate must be affiliated with the political party with which he or she is running. Affiliation with that political party must be made before the date of the governor's proclamation for the primary election.[3]

A candidate may seek a "pre-primary convention designation" before the primary election. A pre-primary convention designation guarantees a candidate a place on the primary election ballot. Every candidate receiving at least 20 percent of the vote at the party convention will be certified to the New Mexico Secretary of State as a convention-designated nominee for that office by the political party.[4]

According to the New Mexico Statutes, the nominating petition for a pre-primary convention designation candidate must be signed "by a number of voters equal to at least 2 percent of the total vote of the candidate's party in the state or congressional district, or the following number of voters, whichever is greater: for statewide offices, 230 voters; and for congressional candidates, 77 voters."[5]

A candidate who seeks but fails to receive a pre-primary convention designation may collect additional signatures totaling at least "4 percent of the total vote of the candidate's party in the state or congressional district, whichever applies to the office the candidate seeks." The candidate is required to file a new declaration of candidacy and the additional nominating petition for the office for which the candidate failed to receive a pre-primary designation. The post-convention declaration of candidacy and nominating petition must be filed with the New Mexico Secretary of State either 10 days following the date of the pre-primary convention at which the candidate failed to receive the designation, or on the date all declarations of candidacy and additional nominating petitions are due, whichever is later.[6]

For minor party candidates

The selection method for minor party candidates varies according to the rules of the specific party. Broadly speaking, the following requirements apply:[7]

  1. The chair and secretary of the state political convention must certify to the New Mexico Secretary of State the names of their party's nominees for federal, statewide, and state legislative offices.[8]
  2. The names certified to the New Mexico Secretary of State must be filed on the 21st day following the primary election and must be accompanied by a petition containing the signatures of at least 1 percent of the total number of the votes cast at the last preceding general election for the office of governor.[9]
  3. The petition must contain a statement affirming that the voters signing the petition are residents of New Mexico and the district, county, or area to be represented by the office being sought.[10]

For independent candidates

An independent candidate files for office by submitting a declaration of candidacy and nominating petition to the proper filing official. Candidates must file nominating petitions at the time of filing their declarations of candidacy.[11]

The petition for an independent candidate for the United States Senate or any other statewide office must be signed by at least 3 percent of the total number of votes cast for governor in the previous general election. The petition for an independent candidate for the United States House of Representatives must be signed by at least 3 percent of the total number of votes cast for governor in the previous general election in that particular congressional district. The petition for an independent candidate for the state legislature must be signed by at least 3 percent of the total number of votes cast for governor in the respective legislative district.[12][13][14]

All requisite paperwork must be filed with the proper filing official before 5:00 p.m. on the 21st day following the primary election.[15]

For write-in candidates in the primary election

A write-in candidate may only seek the nomination of the party with which he or she is affiliated. The candidate must qualify to be a candidate for the political party whose nomination he or she seeks.[16]

The candidate must file with the proper filing official a declaration of intent to be a write-in candidate. The declaration must be filed before 5:00 p.m. on the third Tuesday in March in the year of the election.[17]

No unopposed write-in candidate can have an election certified unless the number of votes received by the candidate at least equals the number of signatures he or she would have had to acquire on a nominating petition.[18]

For write-in candidates in the general election

A write-in candidate in a general election must file a declaration of intent to be a write-in candidate with the proper filing official no later than the 21st day after the primary election.[19]

No person can run as a write-in candidate in the general election if he or she was a candidate in the primary election immediately preceding the general election.[20]

No unopposed write-in candidate can have an election certified unless the candidate receives votes equal to at least 2 percent of the total number of votes cast in the electoral district for governor in the last preceding general election in which a governor was elected.[21]

Petition requirements

See also: Methods for signing candidate nominating petitions

In some cases, candidates may need to obtain signatures via the petition process in order to have their names printed on the ballot. This section outlines the laws and regulations pertaining to petitions and circulators.

Objections

In New Mexico, within 10 days after a candidate files a declaration of candidacy and nominating petition, any voter may file a court challenge. The district court is required to hear the matter within 10 days after it is filed by the voter. Any notice of appeal must be filed with the state supreme court within five days after the decision of the district court.[22][23]

The grounds on which petition signatures may be challenged include the following.

  • The voter is not a registered member of the candidate's political party 10 days prior to the filing of the nominating petition.
  • The voter failed to provide information required by the nominating petition.
  • The voter is not a voter of the state, district, county, or area to be represented by the office for which the person seeking the nomination is a candidate.
  • The voter has signed more than one petition for the same office where only one candidate is to be elected for such office (if more than one candidate is to be elected to an office, the voter may sign only the number of nominating petitions equal to the number of candidates to be elected to that office).
  • The voter is not the person whose name appears on the nominating petition.

To avoid risking disqualification through failure to file a sufficient number of qualifying signatures, the candidate and/or his or her agents may wish to consult voting lists in order to verify that the petitions contain qualified signatures. Additionally, candidates may wish to collect more signatures in order to avoid ballot disqualification if the signatures are rejected by a district court.

Election-related agencies

See also: State election agencies

New Mexico Secretary of State

325 Don Gaspar, Suite 300
Santa Fe, New Mexico 87501-4401
Phone: 505-827-3600
Toll-free: 1-800-477-3632
Fax: 505-827-3634
Email: elections@state.nm.us
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Term limits

State executives

State Executive Officials
See also: State executives with term limits and States with gubernatorial term limits

The state executive term limits in New Mexico are as follows:

  • The governor may serve a total of two terms.
  • The lieutenant governor must wait four years and/or one full term before becoming eligible to serve again after two consecutive terms.
  • The secretary of state must wait four years and/or one full term before becoming eligible to serve again after two consecutive terms.
  • The attorney general must wait four years and/or one full term before becoming eligible to serve again after two consecutive terms.
  • The treasurer must wait four years and/or one full term before becoming eligible to serve again after two consecutive terms.
  • The auditor must wait four years and/or one full term before becoming eligible to serve again after two consecutive terms.

State legislators

See also: State legislatures with term limits

There are no term limits placed on New Mexico state legislators.

Congressional partisanship

Portal:Legislative Branch
See also: List of United States Representatives from New Mexico and List of United States Senators from New Mexico

Below is the current partisan breakdown of the congressional delegation from New Mexico.

Congressional Partisan Breakdown from New Mexico
Party U.S. Senate U.S. House Total
Democratic 2 3 5
Republican 0 0 0
Independent 0 0 0
Vacancies 0 0 0
Total 2 3 5

State legislative partisanship

Portal:State legislatures

Below is the current partisan breakdown of the state legislature of New Mexico.

New Mexico Senate

Party As of January 2024
     Democratic Party 27
     Republican Party 14
     Independent 0
     Vacancies 1
Total 42

New Mexico House of Representatives

Party As of January 2024
     Democratic Party 45
     Republican Party 25
     Independent 0
     Vacancies 0
Total 70

Related legislation

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The embedded table below lists state bills affecting ballot access requirements for candidates introduced in New Mexico. The following information is included for each bill:

  • State
  • Bill number
  • Official name or caption
  • Most recent action date
  • Legislative status
  • Topics dealt with by the bill

Bills are organized alphabetically, first by state and then by bill number. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, simply click the bill number. This will open a separate page with additional information.

Ballotpedia’s comprehensive Ballotpedia's Election Administration Legislation Tracker is the basis for this data. This user-friendly tracker covers thousands of election-related bills in state legislatures, and organizes them by topic with neutral, expert analysis from Ballotpedia’s election administration researchers.

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See also

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External links

Official state and federal links

Other information

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 New Mexico Secretary of State, "2014 Primary Election Candidate Guide," accessed November 18, 2013
  2. ↑ 2.0 2.1 New Mexico Secretary of State, "Events Calendar for Candidates and PACs," accessed November 18, 2013
  3. ↑ New Mexico Election Code, "Chapter 1-8-21," accessed January 3, 2014
  4. ↑ New Mexico Election Code, "Chapter 1-8-21.1(C)," accessed January 14, 2014
  5. ↑ New Mexico Election Code, "Chapter 1-8-33," accessed January 3, 2014
  6. ↑ New Mexico Election Code, "Chapter 1-8-33," accessed January 3, 2014
  7. ↑ New Mexico Election Code, "Chapter 1-8-1," accessed January 3, 2014
  8. ↑ New Mexico Election Code, "Chapter 1-8-2(A)(1)," accessed January 3, 2014
  9. ↑ New Mexico Election Code, "Chapter 1-8-2(B)," accessed January 3, 2014
  10. ↑ New Mexico Election Code, "Chapter 1-8-2(B)(2)," accessed January 3, 2014
  11. ↑ New Mexico Election Code, "Chapter 1-8-45," accessed January 3, 2014
  12. ↑ New Mexico Election Code, "Chapter 1-8-51(C)," accessed January 3, 2014
  13. ↑ New Mexico Election Code, "Chapter 1-8-45(D)," accessed January 3, 2014
  14. ↑ New Mexico Election Code, "Chapter 1-8-45(E)," accessed January 3, 2014
  15. ↑ New Mexico Election Code, "Chapter 1-8-52(A)," accessed January 3, 2014
  16. ↑ New Mexico Election Code, "Chapter 1-8-36.1(B)," accessed January 14, 2014
  17. ↑ New Mexico Election Code, "Chapter 1-8-36.1(C)," accessed January 14, 2014
  18. ↑ New Mexico Election Code, "Chapter 1-8-36.1(F)," accessed January 14, 2014
  19. ↑ New Mexico Election Code, "Chapter 1-12-19.1," accessed January 14, 2014
  20. ↑ New Mexico Election Code, "Chapter 1-12-19.1(e}," accessed January 14, 2014
  21. ↑ New Mexico Election Code, "Chapter 1-12-19.1(F)," accessed January 14, 2014
  22. ↑ New Mexico Secretary of State, "Challenge to Petitions," accessed January 23, 2014
  23. ↑ New Mexico Election Code, "Title 1:8-35," accessed January 23, 2014
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