Ballot access requirements for presidential candidates in New Mexico
New Mexico: New Mexico Gov. Michelle Lujan Grisham (D) signed SB4 into law, authorizing county clerks to mail absentee ballot applications automatically to registered, mailable voters in the November 3, 2020, general election.
Polling places: Polling locations are subject to change. Click here to access the state's official polling site locator. For more information, contact your state election officials.
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| Ballot access for presidential candidates |
| Select a state below to learn more about ballot access requirements for candidates in that state. |
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Note: This article is not intended to serve as a guide to running for public office. Individuals should contact their state election agencies for further information.
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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.
- 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.[1]
- 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.[1]
- An individual can run as a write-in candidate.[1]
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.
Year-specific filing information
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 |
For filing information from previous years, click "[Show more]" below.
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.
| 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:[2]
| “ | 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.[3] | ” |
| —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.[3] | ” |
| —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.[3] | ” |
| —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 | |
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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.[1][4][5]
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:[6][7]
- 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.
- 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 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:[8][9]
| “ | 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.[3] | ” |
| —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."[8][9]
For the 2012, 2016 and 2020 presidential contests, New Mexico was allocated five electoral votes.[10]
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.[11]
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 3 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.[12][13]
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 Congress.[14]
Sore loser laws
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.[15][16][17]
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.[18]
Write-in requirements
New Mexico state law does not permit write-in candidates for president.[19]
Historical information
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.[18]
Campaign finance requirements
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.[20][21]
| 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 |
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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."[22]
For contribution limits from previous years, click "[Show more]" below.
| 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
Federal Election Commission
- 999 E Street, NW
- 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
Recent news
The link below is to the most recent stories in a Google news search for the terms New Mexico president 2016. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Ballot access requirements for political candidates in New Mexico
- Presidential election, 2016
- Ballot access for presidential candidates
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Vote Smart, "Government 101: United States Presidential Primary," accessed August 15, 2015 Cite error: Invalid
<ref>tag; name "votesmart" defined multiple times with different content - ↑ The Constitution of the United States of America, "Article 2, Section 1," accessed August 3, 2015
- ↑ 3.0 3.1 3.2 3.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The Washington Post, "Everything you need to know about how the presidential primary works," May 12, 2015
- ↑ FactCheck.org, "Caucus vs. Primary," February 3, 2020
- ↑ New Mexico Secretary of State, "Article 15A," accessed September 16, 2015
- ↑ New Mexico Secretary of State, "Section 1-7-7," accessed September 16, 2015
- ↑ 8.0 8.1 Archives.gov, "What is the Electoral College?" accessed August 25, 2015
- ↑ 9.0 9.1 Archives.gov, "Who are the Electors?" accessed August 25, 2015
- ↑ Archives.gov, "Distribution of Electoral Votes," accessed September 16, 2015
- ↑ National Association of Secretaries of State, "State Laws Regarding Presidential Ballot Access for the General Election," September 2012
- ↑ New Mexico Secretary of State, "1-8-49. Independent candidates for general elections; candidates for president and vice president.," accessed August 27, 2015
- ↑ New Mexico Secretary of State, "1-8-51. Independent candidates for general or United States representative special elections; nominating petitions; required number of signatures.," accessed August 27, 2015
- ↑ Justia, “1-10-7. Ballots; name shall appear but once.,” accessed September 17, 2015
- ↑ The Georgetown Law Journal, "Sore Loser Laws and Democratic Contestation," accessed August 13, 2015
- ↑ CNN, "Trump 3rd party run would face 'sore loser' laws," August 13, 2015
- ↑ New Mexico Statutes, "Section 1-8-19," accessed September 17, 2015
- ↑ 18.0 18.1 This information comes from research conducted by Richard Winger, publisher and editor of Ballot Access News.
- ↑ New Mexico Secretary of State, "2016 Election FAQ's," accessed September 16, 2015
- ↑ Federal Election Commission, "The FEC and Federal Campaign Finance Law," updated January 2015
- ↑ Federal Election Commission, "Quick Answers to Candidate Questions," accessed August 13, 2015
- ↑ Federal Election Commission, "2016 Reporting Dates," accessed June 17, 2022
