Section 1-8-36.1 - Primary Election Law; write-in candidatesA. Write-in candidates are permitted in the primary election only for the offices of United States representative, members of the legislature, district judges, district attorneys, public education commission, magistrates and any office voted upon by all voters of the state.B. A person may be a write-in candidate only for nomination by the major political party with which the person is affiliated as shown by the certificate of registration, and such person shall have the same qualifications to be a candidate in the primary election for the political party for which the person is a write-in candidate.C. A person desiring to be a write-in candidate for one of the offices listed in Subsection A of this section in the primary election shall file with the proper filing officer a declaration of intent to be a write-in candidate, accompanied by a nominating petition containing the same number of signatures required of other candidates for major party nomination for the same office. Such declaration of intent shall be filed between 9:00 a.m. and 5:00 p.m. on the third Tuesday in March.D. A person shall not be a declared write-in candidate until the person has been notified in writing by the proper filing officer that the certificate of registration on file, the declaration of candidacy and the nominating petition, if required, are in proper order and that the person, based on those documents, is qualified to be a candidate. The proper filing officer shall mail the notice by the Friday following the filing date. The determination by the proper filing officer that a person is a declared write-in candidate is subject to the provisions of Section 1-8-18 NMSA 1978.E. If a person is notified by the proper filing officer that the person is not qualified to be a write-in candidate, the person may challenge that decision by filing a petition with the district court within ten days of the notification. The district court shall hear and render a decision on the matter within ten days after the petition is filed. The decision of the district court may be appealed to the supreme court within five days after the decision is rendered. The supreme court shall hear and render a decision on the appeal forthwith.F. A write-in candidate shall be considered a candidate for all purposes and provisions relating to candidates in the Election Code, including the obligations to report pursuant to the Campaign Reporting Act [1-22A-1 to 1-22A-10 NMSA 1978], except that the write-in candidate's name shall not be printed on the ballot.1978 Comp., § 1-8-36.1, enacted by Laws 1981, ch. 156, § 1; 1993, ch. 314, § 48; 1993, ch. 316, § 48; 1994, ch. 2, § 2; 1998, ch. 36, § 6; 2009, ch. 150, § 7; 2011, ch. 137, § 59.Amended by 2023, c. 39,s. 51, eff. 6/13/2023.Amended by 2020, c. 9,s. 6, eff. upon certification of an amendment of the New Mexico constitution (2019 S.J.R. 1) providing that the Public Regulation Commission consist of three members appointed by the Governor. Constitutional Amendment 1 was adopted by a vote of 445,655 for and 355,471 against at the general election held on November 3, 2020.Amended by 2019, c. 212,s. 95, eff. 4/3/2019.Amended by 2011, c. 137,s. 59, eff. 7/1/2011.