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.