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.
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).
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