ELECTION NOMINATING PETITION CHANGES

HB0135

HOUSE BILL 135

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Matthew McQueen

AN ACT

RELATING TO ELECTIONS; AMENDING THE ELECTION CODE TO ALLOW
VOTERS TO SIGN MORE THAN ONE NOMINATING PETITION FOR THE SAME
OFFICE, TO REDUCE THE NUMBER OF SIGNATURES REQUIRED ON
PETITIONS FOR INDEPENDENT CANDIDATES AND TO ALLOW UNAFFILIATED
VOTERS TO SIGN NOMINATING PETITIONS IN A PRIMARY ELECTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 1-1-7.2 NMSA 1978 (being Laws 1973,
Chapter 228, Section 5, as amended) is amended to read:

"1-1-7.2. PETITIONS--NOMINATIONS--SIGNATURES TO BE
COUNTED.--

[
A. 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.
A person who signs a nominating petition
shall indicate the person's registration address. If the
person does not have a standard street address, the person may
provide the mailing address as shown on the person's
certificate of registration.

[
C.
]
B.
A signature shall be counted on a
nominating petition unless there is evidence presented that the
petition does not provide the information required by the
nominating petition for each person signing or the person
signing:

(1) is not a voter of the state, district,
county or area to be represented by the office for which the
person seeking the nomination is a candidate;

[
(2) has signed more than one petition for the
same office, except as provided in Subsection A of this
section, and if the person has signed more than one petition
for the same office and in the same election cycle, none of the
challenged signatures from that person shall count toward the
total number of signatures required for any candidate for that
office;

(3)
]
(2)
has signed one petition more than
once, in which case only one signature from that person shall
count toward the total number of signatures required for that
candidate for office;

[
(4)
]
(3)
in a primary election, 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 is not a person who has declined to state a political party
preference on the signer's certificate of registration
; or

[
(5)
]
(4)
is not the person whose name appears
on the nominating petition.

[
D.
]
C.
The procedures set forth in this section
shall be used to validate signatures on any petition required
by the Election Code, except that Paragraph [
(4)
]
(3)
of
Subsection [
C
]
B
of this section shall not apply to petitions
filed by unaffiliated candidates or petitions filed by
candidates of minor political parties.

[
E.
]
D.
No later than January 1, 2024, the
secretary of state shall implement a secure internet
application, in addition to the paper circulation process, to
gather electronic signatures in accordance with rules developed
by the secretary of state. The secure internet application
shall provide for the ability to verify that a person signing
the petition is a registered voter and is eligible to sign the
petition for a particular candidate."

SECTION 2.
Section 1-8-2 NMSA 1978 (being Laws 1969,
Chapter 240, Section 152, as amended) is amended to read:

"1-8-2. NOMINATION BY MINOR POLITICAL PARTY--CONVENTION--DESIGNATED NOMINEES.--

A. If the rules of a minor political party require
nomination by political convention:

(1) the chair and secretary of the state
political convention shall certify to the secretary of state
the names of their party's nominees for United States senator,
United States representative, all elective state offices,
legislative offices elected from multicounty districts, all
elective judicial officers in the judicial department and all
offices representing a district composed of more than one
county; and

(2) the chair and secretary of the county
political convention shall certify to the county clerk the
names of their party's nominees for elected county offices and
for legislative offices elected from a district located wholly
within one county or that is composed of only one county.

B. The names certified to the secretary of state
shall be filed on the twenty-third day following the primary
election in the year of the general election and shall be
accompanied by a nominating petition containing the signatures
of voters totaling not less than one percent of the total
number of votes cast for governor at the last preceding general
election at which a governor was elected:

(1) in the state for statewide offices;
provided that if there are fewer members of the minor party
registered to vote in the state for statewide offices or
registered to vote in the district for offices other than
statewide offices than the number of signatures required for
that office, a nominating petition shall contain the signatures
of voters totaling not less than the required number of
signatures of voters for independent candidates for the same
office; and provided further that for the public education
commission, a nominating petition shall be signed by at least
two-thirds of the number of signatures that would otherwise be
required, and for a judicial office, a nominating petition
shall be signed by two-thirds of the number of signatures that
would otherwise be required; and

(2) in the district for offices other than
statewide offices.

The petition shall contain a statement that the voters
signing the petition are residents of the area to be
represented by the office for which the person being nominated
is a candidate.

C. The names certified to the county clerk shall be
filed on the twenty-third day following the primary election in
the year of the general election and shall be accompanied by a
nominating petition containing the signatures of voters
totaling not less than one percent of the total number of votes
cast for governor at the last preceding general election at
which a governor was elected:

(1) in the county for countywide offices; and

(2) in the district for offices other than
countywide offices; provided that if there are fewer members of
the minor party registered to vote in the county for countywide
offices or registered to vote in the district for offices other
than countywide offices than the number of signatures required
for that office, a nominating petition shall contain the
signatures of voters totaling not less than the required number
of signatures of voters for independent candidates for the same
office; and provided further that for a judicial office, a
nominating petition shall be signed by two-thirds of the number
of signatures that would otherwise be required.

The petition shall contain a statement that the voters
signing the petition are residents of the area to be
represented by the office for which the person being nominated
is a candidate.

D. Except in the case of a political party
certified in the year of the election, persons certified as
candidates shall be members of that party on the day the
secretary of state issues the general election proclamation.

E. When a political party is certified in the year
of the general election, and after the day the secretary of
state issues the general election proclamation, a person
certified as a candidate shall be:

(1) a member of that party not later than the
date the political party filed its rules and qualifying
petitions pursuant to Sections 1-7-2 and 1-7-4 NMSA 1978; and

(2) a resident in the district of the office
for which the person is a candidate on the date of the
secretary of state's proclamation for the general election or
in the case of a person seeking the office of United States
senator or United States representative, a resident within New
Mexico on the date of the secretary of state's proclamation for
the general election. No person who is a candidate for a party
in a primary election may be certified as a candidate for a
different party in the general election in the same election
cycle.

[
F. No voter shall sign a petition prescribed by
this section for more persons than the number of candidates
necessary to fill the office at the next ensuing general
election.
]"

SECTION 3.
Section 1-8-30 NMSA 1978 (being Laws 1973,
Chapter 228, Section 4, as amended) is amended to read:

"1-8-30. PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY--NOMINATING PETITION--FILING AND FORM.--

A. As used in the Primary Election Law, "nominating
petition" means the authorized form used for obtaining the
required number of signatures of voters, which is signed on
behalf of the person wishing to become a candidate for a
political office in the primary election requiring a nominating
petition.

B. In making a declaration of candidacy, the
candidate at the same time shall file a nominating petition,
which shall be on the form prescribed by law.

C. The nominating petition shall be on paper
approximately eight and one-half inches wide and eleven inches
long with numbered lines for signatures spaced approximately
three-eighths of an inch apart and shall be in the following
form:

"NOMINATING PETITION

I, the undersigned, a registered voter of New Mexico, and
a member of the _______________ party
or a person who has
declined to state a political party preference on my
certificate of registration
, hereby nominate _________________,
who resides at __________________ in the county of
_______________, New Mexico, for the party nomination for the
office of ______________________, to be voted for at the
primary election to be held on _____, and I declare that I am a
registered voter of the state, district, county or area to be
represented by the office for which the person being nominated
is a candidate. [
I also declare that I have not signed, and
will not sign, any nominating petition for more persons than
the number of candidates necessary to fill such office at the
next ensuing general election.
]

1. _____________ _______________ ______________ __________

(usual

(name printed

(address as

(city or

signature)

as registered)

registered)

zip code)

2. _____________ _______________ ______________ __________

(usual

(name printed

(address as

(city or

signature)

as registered)

registered)

zip code).".

D. In October of odd-numbered years, the secretary
of state shall post on the secretary of state's [
web site
]

website
and shall furnish to each county clerk a sample of a
nominating petition form, a copy of which shall be made
available by the county clerk upon request of any candidate.

E. When more than one sheet is required for a
petition, each of the sheets shall be in the form prescribed by
this section and all sheets shall be firmly secured by a staple
or other suitable fastening."

SECTION 4.
Section 1-8-50 NMSA 1978 (being Laws 1977,
Chapter 322, Section 6, as amended) is amended to read:

"1-8-50. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED
STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING PETITION
FORM.--

A. As used in Sections 1-8-45 through 1-8-52 NMSA
1978, "nominating petition" means the authorized form used for
obtaining the required number of signatures of voters that is
signed on behalf of the person wishing to become an independent
candidate for a political office in a general or United States
representative special election requiring a nominating
petition.

B. In making a declaration of candidacy, the
candidate shall file a nominating petition at the same time,
which shall be on forms prescribed by law.

C. The nominating petition for an independent
candidate for any office except president of the United States
shall be on paper approximately eight and one-half inches wide
and eleven inches long with numbered lines for signatures
spaced approximately three-eighths of an inch apart and shall
be in the following form:

"NOMINATING PETITION FOR INDEPENDENT CANDIDACY

I, the undersigned, a registered voter of New Mexico,
hereby nominate ____________________________, who resides at
_________________________ in the county of _______________, New
Mexico, as an independent candidate for the office of
_________________________, to be voted for at the general
election, or United States representative special election to
be held on ____________________,__________

(month) (day) (year)

and I declare that I am a registered voter of the state,
district, county or area to be represented by the office for
which the person being nominated is a candidate. [
I also
declare that I have not signed, and will not sign, any
nominating petition for more persons than the number of
candidates necessary to fill the office at the next ensuing
general election or at a United States representative special
election.
]

1. _____________ ______________ ____________ ___________

(usual

(name printed

(address as

(city or zip

signature)

as registered)

registered)

code)

2. _____________ ______________ ____________ ___________

(usual

(name printed

(address as

(city or zip

signature)

as registered)

registered)

code).".

D. The nominating petition for an independent
candidate for the office of president of the United States
shall be on paper approximately eight and one-half inches wide
and eleven inches long with numbered lines for signatures
spaced approximately three-eighths of an inch apart and shall
be in the following form:

"NOMINATING PETITION FOR INDEPENDENT CANDIDACY

FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES

I, the undersigned, a registered voter of New Mexico, by
endorsement hereon, petition that the name of ____________ be
printed on the general election ballot as an independent
candidate for the office of president of the United States, to
be voted on at the general election to be held on November
_________, _____. I also declare that I am that person whose
name appears hereon [
and that I have not signed, nor will I
sign, any nominating petition for any other candidate seeking
the office of president of the United States at the next
ensuing general election
].".

E. In March of even-numbered years, the secretary
of state shall post on the secretary of state's [
web site
]

website
and shall furnish to each county clerk a sample of the
nominating petition form, a copy of which shall be made
available by the county clerk upon request of any candidate as
provided by the Election Code.

F. When more than one sheet is required for a
petition, each of the sheets shall be in the form prescribed by
this section, and all sheets shall be firmly secured by a
staple or other suitable fastening."

SECTION 5.
Section 1-8-51 NMSA 1978 (being Laws 1977,
Chapter 322, Section 7, as amended) is amended to read:

"1-8-51. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED
STATES REPRESENTATIVE ELECTIONS--NOMINATING PETITIONS--REQUIRED
NUMBER OF SIGNATURES.--

A. The basis of percentage for the total number of
votes cast in each instance referred to in this section shall
be the total vote cast for governor at the last preceding
general election at which a governor was elected.

B. Nominating petitions for an independent
candidate for president of the United States shall be signed by
a number of voters equal to the number of signatures required
to form a new political party.

C. Nominating petitions for an independent
candidate for United States senator or any other statewide
elective office shall be signed by a number of voters equal to
at least [
two
]
one
percent of the total number of votes cast in
the state.

D. Nominating petitions for an independent
candidate for United States representative shall be signed by a
number of voters equal to at least [
two
]
one
percent of the
total number of votes cast in the district.

E. Nominating petitions for an independent
candidate for a member of the legislature, district judge,
district attorney or county office shall be signed by a number
of voters equal to at least [
two
]
one
percent of the total
number of votes cast in the district, division or county, as
the case may be; provided that for the public education
commission, nominating petitions shall be signed by at least
two-thirds of the number of signatures that would otherwise be
required, and for a judicial office, nominating petitions shall
be signed by at least two-thirds of the number of signatures
that would otherwise be required.

F. When a vacancy for any office occurs on the
general election ballot pursuant to Section 1-8-7 or 1-8-8 NMSA
1978 in which all political parties may name a general election
candidate or when a vacancy occurs in the office of United
States representative pursuant to Section 1-15-18.1 NMSA 1978,
an independent candidate may file a declaration of candidacy on
or by the same deadline applicable to the political parties.
The nominating petitions for an independent candidate in such
circumstances shall be signed by the number of voters provided
in this section, unless there are fewer than:

(1) sixty days from the announcement of the
vacancy to the last day to file a declaration of candidacy, in
which case an independent candidate shall submit nominating
petitions signed by a number of voters equal to two-thirds the
number of voters otherwise required by this section for an
independent candidate; or

(2) thirty days from the announcement of the
vacancy to the last day to file a declaration of candidacy, in
which case an independent candidate shall submit nominating
petitions signed by a number of voters equal to one-third the
number of voters otherwise required by this section for an
independent candidate.

[
G. A voter shall not sign a petition for an
independent candidate as provided in this section if the voter
has signed a petition for another independent candidate for the
same office.
]"

SECTION 6.
Section 1-8-65 NMSA 1978 (being Laws 2014,
Chapter 40, Section 7 and Laws 2014, Chapter 81, Section 7) is
amended to read:

"1-8-65. MINOR POLITICAL PARTY CANDIDATES FOR GENERAL OR

UNITED STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING
PETITION FORM.--

A. As used in Sections 1-8-2 through 1-8-4 NMSA
1978, "nominating petition" means the authorized form used for
obtaining the required number of signatures of voters that is
signed on behalf of the person wishing to become a minor
political party candidate for a political office in a general
or United States representative special election requiring a
nominating petition.

B. In making a declaration of candidacy, the
candidate shall file a nominating petition at the same time,
which shall be on forms prescribed by law.

C. The nominating petition for a minor political
party candidate for any office requiring a nominating petition
shall be on paper approximately eight and one-half inches wide
and eleven inches long with numbered lines for signatures
approximately three-eighths inch apart and shall be in the
following form:

"NOMINATING PETITION FOR MINOR POLITICAL PARTY CANDIDACY
(GENERAL ELECTION)

I, the undersigned, a registered voter of New Mexico,
hereby nominate ___________________, who resides at
_______________ in the county of __________________, New
Mexico, for the _______________ party nomination for the office
of _______________________ to be voted for at the general
election or United States representative special election to be
held on _________, and I declare that I am a registered voter
of the area to be represented by the office for which the
person being nominated is a candidate. [
I also declare that I
have not signed, and will not sign, any nominating petition for
more persons than the number of candidates necessary to fill
such office at the next ensuing general election or at a United
States representative special election.
] I understand that if
the candidate's political party does not qualify as a minor
political party, the candidate may run as an unaffiliated
independent candidate.

1. _____________ _____________ _____________ _____________

(usual signature)

(name printed

(address as

(city or zip

as registered) registered)

code)

2. _____________ _____________ _____________ _____________

(usual signature)

(name printed

(address as

(city or zip

as registered)

registered)

code)".

D. In March of even-numbered years, the secretary
of state shall post on the secretary of state's [
web site
]

website
and shall furnish to each county clerk a sample of a
nominating petition form, a copy of which shall be made
available by the county clerk upon request of any candidate.

E. When more than one sheet is required for a
petition, each of the sheets shall be in the form prescribed by
this section."

SECTION 7.
Section 1-15A-6 NMSA 1978 (being Laws 1977,
Chapter 230, Section 5) is amended to read:

"1-15A-6. NOMINATION BY PETITION.--No later than 5:00
p.m. on the thirtieth day following the nominations by
committee, any person seeking the endorsement by the national
political party for the office of president of the United
States, or any group organized in this state on behalf of, and
with the consent of, such person, may submit to the secretary
of state a petition on a form prescribed and furnished by the
secretary of state to have such candidate's name printed on the
presidential primary ballot. The petition shall be signed by a
number of registered voters in each of the congressional
districts equal to not less than two percent of the total
number of votes for president cast in each district at the last
preceding presidential election. [
Each signer of such petition
shall sign but one such petition.
] In verifying the petition,
the secretary of state shall count each signature unless it is
determined that the person signing is not a registered voter of
this state [
has signed more than one petition
] or is not the
person whose name appears on the nominating petition.
If a
person signing has signed one petition more than once, only one
signature from that person shall count toward the total number
of signatures required for that candidate for office.
"

SECTION 8.
EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

- 17 -