A. Nomination as an independent candidate shall be made by filing a declaration of independent candidacy and a nominating petition with the proper filing officer.

B. In making a declaration of independent candidacy, the candidate for an office other than that of president or vice president shall submit a sworn statement in the following form:

"DECLARATION OF INDEPENDENT CANDIDACY

I, _________________________ (candidate's name), being first duly sworn, say that:

I reside at _______________________________;

I did not designate any current affiliation with a qualified political party on my certificate of registration on or before the date of issuance of the secretary of state's general election proclamation in the year of the general election at which I seek to be a candidate;

I meet the qualifications listed in Section 1-8-45 NMSA 1978 for the office that I seek;

I desire to become a candidate for the office of _________________________, District____________ at the general election to be held on the date set by law for this year;

if the office I seek be a state or county district office, I actually reside within the district of the office for which I declare my candidacy, and if the office I seek be a countywide office, I actually reside in the county of the office for which I declare my candidacy;

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 Election Code; and

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

__________________________________________________

(Declarant)

__________________________________________________

(Residence Address)

__________________________________________________

(Mailing Address, if different)

Subscribed and sworn to or affirmed before me this ____ day of ____________, _____.

(month) (year)

______________________________

(Notary Public)

My commission expires:

______________________________".

C. The secretary of state shall prescribe and furnish the form for the declaration of independent candidacy for the office of president and vice president.

History: 1953 Comp., § 3-8-27.4, enacted by Laws 1977, ch. 322, § 4; 1981, ch. 147, § 7; 1987, ch. 249, § 23; 1993, ch. 314, § 50; 1993, ch. 316, § 50; 1998, ch. 36, § 7; 2011, ch. 137, § 63; 2019, ch. 212, § 97.

The 2019 amendment, effective April 3, 2019, provided for the secretary of state to issue the general election proclamation; in the section heading, deleted "special"; and in Subsection B, after "issuance of the", deleted "governor's" and added "secretary of state's general election".

The 2011 amendment, effective July 1, 2011, added statements to the declaration that the candidate has not designated any current affiliation with a qualified political party on the candidate's certificate of registration; that the candidate meets the qualifications in Section 1-8-45 NMSA 1978; and if the candidate seeks a state or county office, that the candidate resides in the county where the office is located.

The 1998 amendment, effective March 6, 1998, rewrote the form in Subsection B.

The 1993 amendment, effective June 18, 1993, substituted "certificate" for "affidavit" twice in the form in Subsection B.

Section not unconstitutional on equal protection grounds. Anderson v. Hooper, 632 F.2d 116 (10th Cir. 1980).

Candidate's late party affiliation change bars certification as independent. — Candidate who changes party affiliation on September 3 of the year of the general election is barred from being certified as an independent candidate for congress. Anderson v. Hooper, 632 F.2d 116 (10th Cir. 1980)(decided prior to 1981 amendment).

For person to qualify as independent candidate for office other than president in the general election, his affidavit of registration on file with the county clerk must show that since January 1, of that year (now, since the date of issuance of governor's proclamation for primary election), he has declined to designate a party affiliation. 1980 Op. Att'y Gen. No. 80-26.