Ballot access requirements for presidential 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 president of the United States 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 presidential candidate must prepare to meet ballot access requirements in advance of primaries, caucuses, and the general election.

There are three basic methods by which an individual may become a candidate for president of the United States.

1. An individual can seek the nomination of a political party. Presidential nominees are selected by delegates at national nominating conventions. Individual states conduct caucuses or primary elections to determine which delegates will be sent to the national convention.
2. An individual can run as an independent. Independent presidential candidates typically must petition in each state in order to have their names printed on the general election ballot.
3. An individual can run as a write-in candidate.

The information on this page applies only to presidential candidates. For additional information about ballot access requirements for state and congressional candidates, see this page.

HIGHLIGHTS

In New Mexico, a special committee determines which presidential candidates appear on the primary ballot; a candidate may also petition for placement on the primary ballot. An independent candidate seeking general election ballot access must file a petition containing signatures equaling at least 3 percent of the total votes cast for governor in the last election. Write-in presidential candidates are not permitted.

See state election laws

Year-specific filing information

See also: Important dates in the 2024 presidential race

2024

The tables below detail filing requirements for presidential candidates in New Mexico in the 2024 election cycle. For additional information on candidate ballot access requirements in New Mexico, click here.

Presidential primary candidates

A presidential primary candidate must only be petition for ballot placement if they are not automatically placed on the ballot by the state nomination committee, which designates as candidates anyone "generally advocated for and nationally recognized or supported by any major political party in New Mexico as candidates for the office of President of the United States."

Filing requirements for presidential primary candidates in New Mexico, 2024
State	Party	Signatures required	Signature formula	Filing fee	Filing fee formula	Filing deadline	Source
New Mexico	Qualified political parties	18,479	2% of the total number of votes cast for president in each congressional district in the last election	N/A	N/A	3/12/24	Source

Independent presidential candidates

Filing requirements for independent candidates in New Mexico, 2024
State	Signatures required	Signature formula	Filing fee	Filing fee formula	Filing deadline	Source
New Mexico	3,561	One-half of one percent percent of the total votes cast for governor	N/A	N/A	6/27/24	Source

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

Show more

2020

The tables below detail filing requirements for presidential candidates in New Mexico in the 2020 election cycle. For additional information on candidate ballot access requirements in New Mexico, click here.

Presidential primary candidates

A presidential primary candidate must only be petition for ballot placement if they are not automatically placed on the ballot by the state nomination committee, which designates as candidates anyone "generally advocated for and nationally recognized or supported by any major political party in New Mexico as candidates for the office of President of the United States."

Filing requirements for presidential primary candidates in New Mexico, 2020
State	Party	Signatures required	Signature formula	Filing fee	Filing fee formula	Filing deadline	Source
New Mexico	Qualified political parties	16,251	2% of the total number of votes cast for president in each congressional district in the last election	N/A	N/A	3/30/2020	Source

Independent presidential candidates

Filing requirements for independent candidates in New Mexico, 2020
State	Signatures required	Signature formula	Filing fee	Filing fee formula	Filing deadline	Source
New Mexico	16,251	2% of the total number of votes cast for president in each congressional district in the last election	N/A	N/A	6/25/2020	Source

2016

The calendar below lists important filing deadlines in New Mexico for the 2016 presidential election. For information about campaign finance reporting deadlines, see the chart further down the page.

Legend:      Ballot access     Election date

Dates and requirements for presidential candidates in 2016
Deadline	Event type	Event description
February 2, 2016	Ballot access	Filing deadline for primary candidates
June 7, 2016	Election date	Primary election
June 30, 2016	Ballot access	Filing deadline for independent candidates
November 8, 2016	Election date	General election
Source: New Mexico Secretary of State, "2016 Election FAQ's," accessed September 16, 2015

Qualifications

Article 2, Section 1, of the United States Constitution sets the following qualifications for the presidency:

“	No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.	”
—United States Constitution

Article 2, Section 4, of the United States Constitution says an individual can be disqualified from the presidency if impeached and convicted:

“	The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.	”
—United States Constitution

The 14th Amendment to the United States Constitution says an individual can also be disqualified from the presidency under the following conditions:

“	No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.	”
—United States Constitution

Party nomination processes

See also: Primary election and Caucus

Hover over the terms below to display definitions.

Ballot access laws

Primary election

Caucus

Delegate

A political party formally nominates its presidential candidate at a national nominating convention. At this convention, state delegates select the party's nominee. Prior to the nominating convention, the states conduct presidential preference primaries or caucuses. Generally speaking, only state-recognized parties—such as the Democratic Party and the Republican Party—conduct primaries and caucuses. These elections measure voter preference for the various candidates and help determine which delegates will be sent to the national nominating convention.

The Democratic National Committee and the Republican National Committee, the governing bodies of the nation's two major parties, establish their own guidelines for the presidential nomination process. State-level affiliates of the parties also have some say in determining rules and provisions in their own states. Individuals interested in learning more about the nomination process should contact the political parties themselves for full details.

In New Mexico, major parties can nominate their candidates via presidential primary election. A major party is defined as any party whose candidates for governor or president received at least 5 percent of the total votes cast for those offices in the last general election. A major party must also have a membership total of at least one-third of 1 percent of all statewide registered voters. A candidate can be placed on the primary ballot via one of the following two methods:

1. A committee comprising the following members selects candidates for placement on the primary ballot: the chief justice of the state supreme court, the speaker of the New Mexico House of Representatives, the House minority leader, the president pro tempore of the New Mexico State Senate, the Senate minority leader, and the state chairs of participating political. The committee must nominate all candidates "generally advocated and nationally recognized or supported by any major political party in the state as candidates of the major political parties participating in the presidential primary for the office of president of the United States." The committee must certify these candidates to the secretary of state by February 15 in the year of the election.
2. A candidate can petition for placement on the primary ballot. This petition must contain signatures equaling at least 2 percent of the total votes cast for president in each of the state's congressional districts in the last election. The petition must be submitted to the secretary of state by 5:00 p.m. on the 30th following the nominations made by committee.

General election requirements

The president is elected by the Electoral College, which comprises 538 electors from all 50 states, as well as Washington, D.C.

The president of the United States is elected not by popular vote, but by the Electoral College. The Electoral College comprises a total of 538 electors. Each state is allocated a number of electors equal to the size of its congressional delegation. The Office of the Federal Register administers the Electoral College process:

“	On Election Day, the voters in each State choose the Electors by casting votes for the presidential candidate of their choice. The Electors’ names may or may not appear on the ballot below the name of the candidates running for President, depending on the procedure in each State. The winning candidate in each State—except in Nebraska and Maine, which have proportional distribution of the Electors—is awarded all of the State’s Electors.	”
—The Office of the Federal Register

Typically, electors are selected by state parties. Federal law does not require electors to vote "according to the results of the popular vote in their states." Some states and political parties have enacted policies requiring their electors to vote in accordance with the popular vote. According to the Office of the Federal Register, "throughout our history as a nation, more than 99 percent of electors have voted as pledged."

New Mexico was allocated five electoral votes in the 2024 presidential election, the same number it was allocated in the 2012, 2016, and 2020 presidential contests.

Political parties

Qualified political parties may have the names of their presidential candidates placed on the general election ballot. A party must certify the names of its presidential electors to the secretary of state no later than 56 days prior to the general election.

Independent candidates

An independent candidate for president must petition for placement on the general election ballot. The candidate must file a petition containing signatures equaling at least one-half of one percent percent of the total votes cast for governor in the last general election. This petition must be submitted to the secretary of state by 5:00 p.m. on the 21st day following the primary.

Running for multiple offices

Some states prohibit candidates for the presidency from seeking other offices simultaneously. In New Mexico, a candidate’s name may only appear twice on the ballot if they are a candidate for both president and another office.

Sore loser laws

See also: Sore loser laws for presidential candidates

Some states bar candidates who sought, but failed, to secure the nomination of a political party from running as independents in the general election. These restrictions are sometimes called sore loser laws. Under New Mexico state law, "if a person has been a candidate for the nomination of a major party in the primary election," he or she can neither run as an independent candidate nor with a different political party in the general election.

Richard Winger, publisher of Ballot Access News, has argued that, generally speaking, "sore loser laws have been construed not to apply to presidential primaries." His analysis of state sore loser laws and their applicability in presidential elections can be accessed here.

Write-in requirements

New Mexico state law does not permit write-in candidates for president.

Historical information

See also: Historical signature requirements for independent and minor party presidential candidates

According to Richard Winger, publisher of Ballot Access News, between 1892 and 2012 there were 401 instances in which a state required an independent or unqualified party candidate to collect more than 5,000 signatures in order to appear on the general election ballot. In New Mexico, there were no such instances during this period. See this article for more information.

Campaign finance requirements

See also: Campaign finance requirements in New Mexico

The Federal Election Commission (FEC) is the only agency authorized to regulate the financing of presidential and other federal campaigns (i.e., campaigns for the United States Senate and the United States House of Representatives). The states cannot impose additional requirements on federal candidates. Federal law requires all presidential candidates to file a statement of candidacy within 15 days of receiving contributions or making expenditures that exceed $5,000. The statement of candidacy is the only federally mandated ballot access requirement for presidential candidates; all other ballot access procedures are mandated at the state level. The candidacy statement authorizes "a principal campaign committee to raise and spend funds" on behalf of the candidate. Within 10 days of filing the candidacy statement, the committee must file a statement of organization with the FEC. In addition, federal law establishes contribution limits for presidential candidates. These limits are detailed in the table below. The uppermost row indicates the recipient type; the leftmost column indicates the donor type.

Federal contribution limits, 2023-2024
	Candidate committees	Political action committees	State and district party committees	National party committees	Additional national party committee accounts
Individual	$3,300 per election	$5,000 per year	$10,000 per year (combined)	$41,300 per year	$123,900 per account, per year
Candidate committee	$2,000 per election	$5,000 per year	Unlimited transfers	Unlimited transfers	N/A
Multicandidate political action committee	$5,000 per election	$5,000 per year	$5,000 per year (combined)	$15,000 per year	$45,000 per account, per year
Other political action committee	$3,300 per election	$5,000 per year	$10,000 per year (combined)	$41,300 per year	$123,900 per account, per year
State and district party committee	$5,000 per election	$5,000 per year	Unlimited transfers	Unlimited transfers	N/A
National party committee	$5,000 per election	$5,000 per year	Unlimited transfers	Unlimited transfers	N/A
Note: Contribution limits apply separately to primary and general elections. For example, an individual could contribute $3,300 to a candidate committee for the primary and another $3,300 to the same candidate committee for the general election. Source: Federal Election Commission, "Contribution limits," accessed May 8, 2023

Presidential candidate committees are required to file regular campaign finance reports disclosing "all of their receipts and disbursements" either quarterly or monthly. Committees may choose which filing schedule to follow, but they must notify the FEC in writing and "may change their filing frequency no more than once per calendar year."

For contribution limits from previous years, click "[Show more]" below.

Show more

Federal contribution limits, 2019-2020
	Candidate committees	Political action committees	State and district party committees	National party committees	Additional national party committee accounts
Individual	$2,800 per election	$5,000 per year	$10,000 per year (combined)	$33,500 per year	$106,500 per account, per year
Candidate committee	$2,000 per election	$5,000 per year	Unlimited transfers	Unlimited transfers	N/A
Multicandidate political action committee	$5,000 per election	$5,000 per year	$5,000 per year (combined)	$15,000 per year	$45,000 per account, per year
Other political action committee	$2,800 per election	$5,000 per year	$10,000 per year (combined)	$35,500 per year	$106,500 per account, per year
State and district party committee	$5,000 per election	$5,000 per year	Unlimited transfers	Unlimited transfers	N/A
National party committee	$5,000 per election	$5,000 per year	Unlimited transfers	Unlimited transfers	N/A
Note: Contribution limits apply separately to primary and general elections. For example, an individual could contribute $2,800 to a candidate committee for the primary and another $2,800 to the same candidate committee for the general election. Source: Federal Election Commission, "Contribution limits," accessed August 8, 2019

Federal contribution limits, 2015-2016
	Candidate committees	Political action committees	State and district party committees	National party committees	Additional national party committee accounts
Individual	$2,700 per election	$5,000 per year	$10,000 per year (combined)	$33,400 per year	$100,200 per account, per year
Candidate committee	$2,000 per election	$5,000 per year	Unlimited transfers	Unlimited transfers	N/A
Multicandidate political action committee	$5,000 per election	$5,000 per year	$5,000 per year (combined)	$15,000 per year	$45,000 per account, per year
Other political action committee	$2,700 per election	$5,000 per year	$10,000 per year (combined)	$33,400 per year	$100,200 per account, per year
State and district party committee	$5,000 per election	$5,000 per year	Unlimited transfers	Unlimited transfers	N/A
National party committee	$5,000 per election	$5,000 per year	Unlimited transfers	Unlimited transfers	N/A
Note: Contribution limits apply separately to primary and general elections. For example, an individual could contribute $2,700 to a candidate committee for the primary and another $2,700 to the same candidate committee for the general election. Source: Federal Election Commission, "The FEC and Federal Campaign Finance Law," updated January 2015

Election agencies

The Federal Election Commission is the only agency authorized to regulate campaign financing for federal candidates.

Federal Election Commission

1050 First Street, NE

Washington, D.C. 20463

Telephone: 800-424-9530

Email: info@fec.gov

New Mexico Secretary of State

New Mexico Capitol Annex North

325 Don Gaspar, Suite 300

Santa Fe, New Mexico 87501

Telephone: 505-827-3600

Email: Elections@sos.nm.gov

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See also

• Ballot access requirements for political candidates in New Mexico
• Presidential election, 2024
• Ballot access for presidential candidates

External links

• Federal Election Commission