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Thus, if a candidate was to seek a party nomination or an independent nomination for the Senate, he would have to be registered as a member of that party or as an independent member on the date of the proclamation. The candidate would also be required to reside in that residence through that election year. He would also have to comply with other requirements of statutes.
Under New Mexico’s election scheme, “Political Parties” are classified as “major’ and “minor.” The means of the nomination process of “major and minor parties “ is as follows:
1-8-1.Nominating procedures; major political parties; minor political parties.
A. Any major political party in New Mexico, as defined in Section 1-1-9 NMSA 1978, shall nominate its candidates, other than its presidential candidates, by secret ballot at the next succeeding primary election as prescribed in the Primary Election Law [1-8-10 NMSA 1978].
B. Any minor political party in New Mexico, as defined in Section 1-1-9 NMSA 1978, shall nominate candidates for public office in the manner prescribed in its party rules and regulations and according to the provisions of the Election Code [1-1-1 NMSA 1978].
The statutes further provide for the statewide offices for a designation of candidates by convention.
1-8-21.1. Designation of candidates by convention.
A. State conventions of major political parties may designate candidates for nomination to statewide office or the office of United States representative.
B. No state convention for designating candidates shall be held later than the third Sunday in March preceding the primary election, and delegates to the convention shall be elected according to state party rules filed in the office of the secretary of state.
C. The state convention shall take only one ballot upon candidates for each office to be filled. Every candidate receiving twenty percent or more of the votes of the duly elected delegates to the convention for the office to be voted upon at the ensuing primary election shall be certified to the secretary of state as a convention-designated nominee for that office by the political party. Certification shall take place no later than 5:00 p.m. on the first Tuesday succeeding the state convention.
D. The certificate of designation submitted to the secretary of state shall state the name of the office for which each person is a candidate, his name and address and the name of the political party that the candidate represents, and shall certify that the candidate has been a member of that political party for the period of time required by the Election Code [1-1-1 NMSA 1978].
Leaving aside for the moment the issue of whether or not the certification process contravenes Article I, which provides:
The House of Representatives shall be composed of Memers chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
An additional issue arises in Amendment XVII which provides similar access for Senate candidates:
The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures…
and indicates that the process of pre-primary convention designation adds additional qualifications to the requirements of the Constitution, the events of the candidate’s filings, applications, and processes, all of which can be quantified with disparities.
