For many years, there has been an ambiguity in the New Mexico definition of “major party.” The law seems to clearly indicate that it is a group that polled 5% (of the total presidential or gubernatorial vote cast) for any partisan office, and which has registration of at least one-third of 1%.

But there has been a period of years in which various Secretaries of State have said the vote test only applies to a nominee for President or Governor. But on January 27, New Mexico Secretary of State Maggie Toulouse Oliver said the vote test applies to any office. Therefore, the Libertarian Party is a major party for the 2020 election. This means that it nominates by primary, not convention.

Section 1-7-7 of the Election Law says, “major political party” means any qualified political party, any of whose candidates received as many as 5% of the total number of votes cast at the last preceding general election for the office of governor or president of the United States, as the case may be, and whose membership totals not less than one-third of 1% of the statewide registered voter file.” The Libertarian Party in 2018 got over 5% (of the number of votes cast for Governor) for U.S. Senate and Land Commissioner. The 2018 gubernatorial vote total was 696,459. Calculating 5% of that number equals 34,823. Michael Lucero got 39,791 votes for Land Commissioner; Gary Johnson got 107,201 for U.S. Senate. Thanks to Bob Johnson for this news. See this story, which oddly doesn’t mention the U.S. Senate total.