§ 1-8-49 — Independent candidates for general elections; candidates for

president and vice president. A. Nomination as an independent candidate for president or vice president shall be made by filing a declaration of independent candidacy with the proper filing officer. The candidate for president shall also at the same time file a nominating petition with the required number of signatures. B. In making a declaration of independent candidacy for president, the candidate shall submit a sworn statement in the following form: "DECLARATION OF INDEPENDENT CANDIDACY FOR PRESIDENT I, __________________ (candidate's name), being duly sworn, say that I am a citizen of the United States, have been a resident of the United States for at least fourteen years and have attained the age of thirty-five. I desire to become a candidate for the office of president of the United States at the general election to be held on the date set by law for this year. I will be eligible and legally qualified to hold this office at the beginning of its term. The name of my vice presidential running mate, whom I selected, is __________________. The names and addresses of the required number of presidential electors who intend to vote for me and for my vice presidential running mate in the electoral college are: ___________________________ (name) ___________________________ (name) ___________________________ (residence address) ___________________________ (residence address) ___________________________ (mailing address) ___________________________ (mailing address) ___________________________ (city) ___________________________ (city) ___________________________ (state and zip code) ___________________________ (state and zip code) ___________________________ (name) ___________________________ (name) ___________________________ (residence address) ___________________________ (residence address) ___________________________ (mailing address) ___________________________ (mailing address) ___________________________ (city) ___________________________ (city) ___________________________ (state and zip code) ___________________________ (state and zip code) ___________________________ (name) ___________________________ (residence address) ___________________________ (mailing address) ___________________________ (city) ___________________________ (state and zip code) I submit with this statement a nominating petition in the form and manner prescribed by the Election Code. I make the foregoing affidavit under oath, knowing that any false statement herein constitutes a felony punishable in accordance with the criminal laws of New Mexico. ___________________________________ (declarant) ___________________________________ (residence address) ___________________________________ (mailing address) ___________________________________ (city) ___________________________________ (state and zip code) Subscribed and sworn to me this __________ day of ____________, ________ (year) ______________________________ notary public My commission expires: ______________________________ ". C. In making a declaration of independent candidacy for vice president, the candidate shall submit a sworn statement in the following form: "DECLARATION OF INDEPENDENT CANDIDACY FOR VICE PRESIDENT I, __________________ (candidate's name), being duly sworn, say that I am a citizen of the United States, have been a resident of the United States for at least fourteen years and have attained the age of thirty-five. I have been selected by independent presidential candidate __________________ as his vice presidential running mate and desire to be that candidate for vice president. I will be eligible and legally qualified to hold this office at the beginning of its term. I make the foregoing affidavit under oath, knowing that any false statement herein constitutes a felony punishable in accordance with the criminal laws of New Mexico. ___________________________________ (declarant) ___________________________________ (residence address) ___________________________________ (mailing address) ___________________________________ (city) ___________________________________ (state and zip code) Subscribed and sworn to me this __________ day of ____________, ________ (year) ______________________________ (notary public) My commission expires: ______________________________ ". D. The independent presidential electors whom the independent candidate for president is required to name shall be registered voters of New Mexico; they may or may not be affiliated with a political party in New Mexico. United States senators, United States representatives and persons holding federal offices of trust or profit are not eligible to be electors. E. When independent candidates for president and vice president appear on the general election ballot, a vote for that pair of nominees is a vote for that presidential candidate's electors. F. If the independent candidates for president and vice president receive the highest number of votes at the general election, the independent presidential candidate's electors shall be the presidential electors of the state of New Mexico. As such, each elector shall be granted a certificate of election by the state canvassing board, and each elector shall be subject to the provisions of Sections 1-15-5 through 1-15-10 NMSA 1978.

Legislative History

1953 Comp., § 3-8-27.5, enacted by Laws 1977, ch. 322, § 5; 1999, ch. 267, § 29.