In making a declaration of candidacy by nominating petition or by pre-primary convention designation, the candidate shall submit substantially the following form:

"DECLARATION OF CANDIDACYBY PRE-PRIMARY CONVENTION DESIGNATION(OR BY NOMINATING PETITION)

I, ____________________, (candidate's name on certificate of registration) being first duly sworn, say that I reside at ___________________, as shown by my certificate of registration as a voter of Precinct No. __________ of the county of _______________, State of New Mexico;

I am a member of the ____________________ party as shown by my certificate of registration and I have not changed such party affiliation subsequent to the secretary of state's general election proclamation calling the primary in which I seek to be a candidate;

I desire to become a candidate for the office of ______________________ at the primary election to be held on the date set by law for this year, and if the office be that of a member of the legislature or that of a member of the public education commission, that I actually reside at the address designated on my certificate of voter registration;

I will be eligible and legally qualified to hold this office at the beginning of its term;

If a candidate for any office for which a nominating petition is required, I am submitting with this statement a nominating petition in the form and manner as prescribed by the Primary Election Law; and

I make the foregoing affidavit under oath, knowing that any false statement herein constitutes a felony punishable under the criminal laws of New Mexico.

_______________________________

(Declarant)

_______________________________

(Mailing Address)

_______________________________

(Residence Address)

Subscribed and sworn to before me this _____ day of _______________, 20 _____.

_________________________

(Notary Public)

My commission expires:

_________________________".

History: 1953 Comp., § 3-8-24, enacted by Laws 1973, ch. 228, § 3; 1975, ch. 255, § 107; 1987, ch. 249, § 22; 1989, ch. 392, § 18; 1993, ch. 55, § 5; 1993, ch. 314, § 46; 1993, ch. 316, § 46; 2019, ch. 212, § 94.

Repeals and reenactments. — Laws 1973, ch. 228, § 3, repealed former 3-8-24, 1953 Comp., relating to declaration of candidacy and form under Primary Election Law, and enacted a new 3-8-24, 1953 Comp.

The 2019 amendment, effective April 3, 2019, provided for the secretary of state to issue the general election proclamation, and replaced "the state board of education" with the "public education commission"; in the second undesignated paragraph, replaced "governor" with "secretary of state's general election"; and in the third undesignated paragraph, after "member of the", deleted "state board of" and added "public", and after "education", added "commission".

1993 Multiple Amendments. — Laws 1993, ch. 55, § 5, effective November 15, 1993, and Laws 1993, ch. 314, § 46 and Laws 1993, ch. 316, § 46, effective June 18, 1993, enacted amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 1993, ch. 316, § 46, as the last act signed by the governor, is set out above and incorporates all amendments. To view the session laws in their entirety, see the 1993 session laws on NMOneSource.com.

Laws 1993, ch. 314, § 46 and Laws 1993, ch. 316, § 46, both effective June 18, 1993, enacted identical amendments that substituted "certificate" for "affidavit" throughout the section.

Laws 1993, ch. 55, § 5, effective November 15, 1993, inserted "by nominating petition or by pre-primary convention designation" in the introductory paragraph and added "BY PRE-PRIMARY CONVENTION DESIGNATION (OR BY NOMINATING PETITION)" to the form heading.

Time for meeting eligibility requirements for taking office. — The language of this section, "will be eligible and legally qualified to hold [the] office at the beginning of its term", is a clear and unambiguous statement of legislative intent. A candidate for any office in this state must meet its eligibility requirements at the time of taking office. Lopez v. Kase, 1999-NMSC-011, 126 N.M. 733, 975 P.2d 346.

When eligibility requirements to be met. — A candidate for any office in this state must meet its eligibility requirements at the time of taking office. Chavez v. Yontz, 1986-NMSC-034, 104 N.M. 265, 720 P.2d 300.

Candidate need not use same name as on registration. — A candidate is not required to file a declaration of candidacy in the identical name shown on his or her affidavit of registration, but may use a legal given name or initials. 1957 Op. Att'y Gen. No. 57-309.

Married woman may use her registered name or given name. — The language in a provision such as this one is construed to permit, at least, a married woman to use either her required registered name or her own given name. 1957 Op. Att'y Gen. No. 57-309.

Wife may use her given Christian and maiden name with her husband's in a declaration of candidacy. 1957 Op. Att'y Gen. No. 57-309.

A wife may use the name by which she is registered, or her own given name, in the declaration of candidacy and substantially conform with form of certificate of filing. 1956 Op. Att'y Gen. No. 56-6399.

Candidate may use initials. — There is nothing in the form of the declaration of candidacy that says initials cannot be used. 1956 Op. Att'y Gen. No. 56-6399.

Section not applicable to person who previously failed or declined to show party affiliation. 1944 Op. Att'y Gen. No. 44-4500.