Rule 1-096. Challenge of nominating petition.

A. Complaint; filing deadline. Court action challenging a nominating petition provided for in the Primary Election Law, Sections 1-8-10 through 1-8-52 NMSA 1978, shall be initiated by filing a complaint and request for expedited hearing no later than ten (10) days after the last day for filing the declaration of candidacy with which the nominating petition was filed. The plaintiff shall immediately deliver a copy of the complaint and request for expedited hearing to the assigned judge and to any subsequent judges appointed pursuant to Rule 1-088 NMRA or Paragraph G of this rule. B. Service of process. The complaint shall be served in accordance with Rule 1- 004 NMRA upon the proper filing officer as provided in Section 1-8-35(B) NMSA 1978 and as defined by Section 1-8-25 NMSA 1978, and the plaintiff shall, immediately after filing the complaint, also deliver a copy of the complaint and request for expedited hearing to the candidate whose nominating petition is challenged. Delivery shall be effected in a manner that is reasonably calculated to provide actual notice to the candidate of the filing of the complaint. C. Challenges to signatures; separate counts and specificity in complaint required. If claim is made that any signature on a nominating petition should not be counted, the complaint shall (1) specify in separate counts each signature so challenged; (2) specify the grounds on which the signature is challenged as required by Paragraphs D and E of this rule; (3) identify the line number and the page of the nominating petition where each such signature appears; (4) attach a copy of the nominating petition upon which the signature appears; and (5) attach any exhibits required by Paragraph D of this rule. If multiple signatures are challenged on one common ground only, notwithstanding Subparagraph (1) of this paragraph, those signatures may be challenged in one count that lists the signatures so challenged and otherwise satisfies the requirements of Subparagraphs (2), (3), (4), and (5) of this paragraph. D. Challenges based on duplicate signatures. If any signature is challenged on the ground that the person signing has signed more than one nominating petition for the same office, or has signed one petition more than once, the complaint shall attach as an exhibit all nominating petitions containing such signatures and identify the page and line number on each such petition where the person is alleged to have signed. E. Challenges to the qualifications of the person signing the petition. If any signature is challenged on the ground that the person signing is not qualified to sign the nominating petition, the complaint shall specify as to each signature: (1) that the qualifications of the person signing the nominating petition are challenged because that person: (a) was not a registered member of the candidate's political party ten (10) days prior to the filing of the nominating petition; (b) failed to provide information required by the nominating petition; (c) is not a qualified voter of the state, district, county or area to be represented by the office for which the person seeking the nomination is a candidate; (d) is not of the same political party as the candidate named in the nominating petition as shown by the signer's certificate of registration; or (e) is not the person whose name appears on the nominating petition; (2) the voter registration records upon which the challenge relies; (3) the name and address of each person who searched the voter registration records upon which the challenge relies; (4) the date on which each search was made; and (5) any variations in names, spelling or addresses for which search was made. F. Challenges to Nominating Petition. If a nominating petition, or any page thereof, is challenged because it fails to comply with statutory requirements for the form of the nominating petitions, the complaint shall specify each challenged page of the nominating petition and each violation of statute on which the challenge is based. G. Waiver. Objection to counting a signature and any ground for rejecting a signature shall be conclusively waived unless set out in the manner above provided within ten (10) days after the last day for filing the challenged nominating petition. H. Disqualification of judge. The provisions of Paragraph C of Rule 1-088.1 NMRA notwithstanding, the plaintiff may exercise the statutory right to excuse the district judge assigned to the case by filing a peremptory election to excuse on the same day the complaint is filed. The plaintiff shall serve notice of the peremptory election to excuse at the same time that the complaint is served and delivered in accordance with Paragraph B of this rule. If more than one plaintiff is named in the complaint, the plaintiffs only may exercise one collective peremptory election to excuse the district judge. The candidate whose nominating petition is challenged may file a peremptory election to excuse the district judge within two (2) days after delivery of the complaint. In all other respects, Rule 1-088.1 NMRA governs the exercise of peremptory elections to excuse the district judge. If there is an excusal for cause or a recusal, the chief justice shall reassign the case to another judge, justice or judge pro tempore to hear all further proceedings. I. Hearing and decision. Within ten (10) days after the complaint is filed, the district court shall hold a hearing and render a decision. J. Appeal. The decision of the district court may be appealed to the Supreme Court in accordance with Rule 12-603 NMRA.