The New Mexico Secretary of State is interpreting New Mexico law to mean that independent candidates may not begin to petition until March 1, 2016. There is no law setting a start date for independent candidates. However, there is a law saying the Secretary of State must post a sample independent candidate petition form on the Secretary of State’s web page no later than March 1 of the election year. The Secretary of State is interpreting this law to mean that petitions can’t circulate until March 1.
The election code already carries a clear statement of language to put on the independent candidate petition (section 1-8-50), so there doesn’t seem to be any need for a sample petition. Thanks to Rick Lass for this information.
By percentage, New Mexico has the nation’s most severe requirement for independent presidential candidates. New Mexico’s petition is 3% of the last gubernatorial vote. The only state with a higher percentage is Oklahoma, which requires an independent presidential candidate to obtain signatures equal to 3% of the last presidential vote. Oklahoma does not restrict how early an independent presidential candidate may begin to circulate a petition.
Who made this decision? The NM Secty of State recently resigned.
the recently resigned SoS made the decision before resigning. Or at least someone in her office did. The candidates guide with the new regulation was released October 1, 2015.
It also affects minor party candidates.
The head of the Elections Division, Kari Fresquez.