N.M. Stat. § 1-8-36.1
Primary Election Law; write-in candidates.
A. 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.