The secretary of state shall contact each person who has been nominated by the committee or by petition and notify the person in writing by certified mail, with return receipt requested, that the person’s name will be printed as a candidate on the New Mexico presidential primary ballot unless the person requests in writing otherwise at least sixty-three days prior to the election.
History: 1953 Comp., § 3-8-38, enacted by Laws 1977, ch. 230, § 6; 1980, ch. 13, § 2; 1980, ch. 43, § 2; 1978 Comp., § 1-8-58 recompiled as § 1-15A-7 by Laws 2011, ch. 137, § 109; 2017, ch. 101, § 17.
ANNOTATIONS
Recompilations. — Laws 2011, ch. 137, § 109 recompiled former 1-8-58 NMSA 1978 as 1-15A-7 NMSA 1978 effective July 1, 2011.
The 2017 amendment, effective June 16, 2017, changed the deadline by which a person nominated by the committee or by petition may request in writing that the person’s name not be printed as a candidate on the New Mexico presidential primary ballot, and made stylistic changes; and after “requests in writing otherwise at least”, deleted “fifty” and added “sixty-three”.
Candidate who fails to make a timely withdrawal from presidential primary is legitimate candidate in that primary. Anderson v. Hooper, 498 F. Supp. 898 (D.N.M. 1980).