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Another important consideration is that there are numerous challenges to the nomination petitions of other party candidates. These are stricken in a process which challenges nominations for “failures, such as signature requirements or objections which underscored that the signatures did not fulfill [a] threshold number” or for failure on several other grounds.
A signature shall be counted if:
(NMSA 1-8-31) A person who signs a nominating petition shall sign only one petition for the same office unless more than one candidate is to be elected to that office, and in that case a person may sign not more than the number of nominating petitions equal to the number of candidates to be elected to the office.
B. A person who signs a nominating petition shall indicate his residence as his address. If the person does not have a residential address, he may provide his mailing address.
C. A signature shall be counted on a nominating petition unless there is evidence presented that the person signing:
(1) was not a registered member of the candidate’s political party ten days prior to the filing of the nominating petition;
(2) failed to provide information required by the nominating petition sufficient to determine that the person is 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;
(3) has signed more than one petition for the same office, except as provided in Subsection A of this section, or has signed one petition more than once;
(4) 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
(5) is not the person whose name appears on the nominating petition.
D. The procedures set forth in this section shall be used to validate signatures on any petition required by the Election Code [1-1-1 NMSA 1978], except that Paragraphs (1) and (4) of Subsection Objections of nominations are often practiced by professional firms representing an objector.
The Provision of the election code reads:
1-8-35. Primary Election Law; nominating petition; limitation on appeals of validity of nominating petitions.
A. Any voter filing any court action challenging a nominating petition provided for in the Primary Election Law [1-8-10 NMSA 1978] shall do so within ten days after the last day for filing the declaration of candidacy with which the nominating petition was filed. Within ten days after the filing of the action, the district court shall hear and render a decision on the matter. The decision shall be appealable only to the Supreme Court and notice of appeal shall be filed within five days after the decision of the district court. The Supreme Court shall hear and render a decision on the appeal forthwith.
B. For the purposes of an action challenging a nominating petition, each person filing a nominating petition under the Primary Election Law appoints the proper filing officer as his agent to receive service of process. Immediately upon receipt of process served upon the proper filing officer, the officer shall, by certified mail, return receipt requested, mail the process to the person. New Mexico’s Court rules provide a limited Rule which governs one a challenge of a nomination petition is complained.
Neither 1-8-35 nor Rule 1-096 provides for the objection upon “fraud” or a “legitimate State interest.” The acceptable purpose for the statutes of the Election code is to assure the integrity of Election process-- not to provide a device for exclusion by political attack under the guise of Law.
