Rule 1-096.Challenge of nominating petition

Last amended December 31, 2016 · Last verified June 26, 2026

In one sentenceRule 1-096 sets the expedited procedure for challenging a nominating petition under the Primary Election Law, including the ten-day deadline, signature-by-signature specificity, and fast hearing.

Full Text of Rule 1-096

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A. Complaint; filing deadline. Court action challenging a nominating petition provided for in the Primary Election Law, Sections 1-8-10 through 1-8-52 NMSA 1978, shall be initiated by filing a complaint and request for expedited hearing no later than ten

(10) days after the last day for filing the declaration of candidacy with which the nominating petition was filed. The plaintiff shall immediately deliver a copy of the complaint and request for expedited hearing to the assigned judge and to any subsequent judges appointed pursuant to Rule 1-088 NMRA or Paragraph G of this rule.

B. Service of process. The complaint shall be served in accordance with Rule 1-004 NMRA upon the proper filing officer as provided in Section 1-8-35(B) NMSA 1978 and as defined by Section 1-8-25 NMSA 1978, and the plaintiff shall, immediately after filing the complaint, also deliver a copy of the complaint and request for expedited hearing to the candidate whose nominating petition is challenged. Delivery shall be effected in a manner that is reasonably calculated to provide actual notice to the candidate of the filing of the complaint.

C. Challenges to signatures; separate counts and specificity in complaint required. If claim is made that any signature on a nominating petition should not be counted, the complaint shall

(1) specify in separate counts each signature so challenged;

(2) specify the grounds on which the signature is challenged as required by Paragraphs D and E of this rule;

(3) identify the line number and the page of the nominating petition where each such signature appears;

(4) attach a copy of the nominating petition upon which the signature appears; and

(5) attach any exhibits required by Paragraph D of this rule. If multiple signatures are challenged on one common ground only, notwithstanding Subparagraph

(1) of this paragraph, those signatures may be challenged in one count that lists the signatures so challenged and otherwise satisfies the requirements of Subparagraphs (2), (3), (4), and (5) of this paragraph.

D. Challenges based on duplicate signatures. If any signature is challenged on the ground that the person signing has signed more than one nominating petition for the same office, or has signed one petition more than once, the complaint shall attach as an exhibit all nominating petitions containing such signatures and identify the page and line number on each such petition where the person is alleged to have signed.

E. Challenges to the qualifications of the person signing the petition. If any signature is challenged on the ground that the person signing is not qualified to sign the nominating petition, the complaint shall specify as to each signature:

(1) that the qualifications of the person signing the nominating petition are challenged because that person:

(a) was not a registered member of the candidate's political party ten (10) days prior to the filing of the nominating petition;

(b) failed to provide information required by the nominating petition;

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

(d) 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

(e) is not the person whose name appears on the nominating petition;

(2) the voter registration records upon which the challenge relies;

(3) the name and address of each person who searched the voter registration records upon which the challenge relies;

(4) the date on which each search was made; and

(5) any variations in names, spelling or addresses for which search was made.

F. Challenges to Nominating Petition. If a nominating petition, or any page thereof, is challenged because it fails to comply with statutory requirements for the form of the nominating petitions, the complaint shall specify each challenged page of the nominating petition and each violation of statute on which the challenge is based.

G. Waiver. Objection to counting a signature and any ground for rejecting a signature shall be conclusively waived unless set out in the manner above provided within ten (10) days after the last day for filing the challenged nominating petition.

H. Disqualification of judge. The provisions of Paragraph C of Rule 1-088.1 NMRA notwithstanding, the plaintiff may exercise the statutory right to excuse the district judge assigned to the case by filing a peremptory election to excuse on the same day the complaint is filed. The plaintiff shall serve notice of the peremptory election to excuse at the same time that the complaint is served and delivered in accordance with Paragraph B of this rule. If more than one plaintiff is named in the complaint, the plaintiffs only may exercise one collective peremptory election to excuse the district judge. The candidate whose nominating petition is challenged may file a peremptory election to excuse the district judge within two (2) days after delivery of the complaint. In all other respects, Rule 1-088.1 NMRA governs the exercise of peremptory elections to excuse the district judge. If there is an excusal for cause or a recusal, the chief justice shall reassign the case to another judge, justice or judge pro tempore to hear all further proceedings.

I. Hearing and decision. Within ten (10) days after the complaint is filed, the district court shall hold a hearing and render a decision.

J. Appeal. The decision of the district court may be appealed to the Supreme Court in accordance with Rule 12-603 NMRA.

End

Rule History

[As amended by Supreme Court Order No. 09-8300-040, effective November 10, 2009; by Supreme Court Order No. 12-8300-004, effective for cases filed on or after March 1, 2012; as amended by Supreme Court Order No. 16-8300-009, effective for all cases pending or filed on or after December 31, 2016.]

Committee Commentary

The time periods in this rule are to be computed under NMSA 1978, Section 1-1-22. The 2012 and 2016 amendments to Paragraphs B and C of this rule were intended to incorporate the Supreme Court’s ruling in Charley v. Johnson, 2010-NMSC-024, ¶¶ 16, 22, nn. 1 & 3, 148 N.M. 246, 233 P.3d 775, and to recognize the need for expeditious and fair resolution of petition challenges.

The Legislature, in NMSA 1978, Sections 1-8-25 and -35, has made the secretary of state (or county clerk depending on the office involved) the statutory agent for service of process on candidates whose petitions have been challenged and has required the secretary of state or county clerk to then mail the process to the candidate, while requiring the district court to conduct an evidentiary hearing on the challenge within no more than ten days of the filing date. Because these statutory requirements may not result in actual notice of the action getting to the candidate in time to know about and prepare for the evidentiary hearing, the Supreme Court has added provisions under its rule-making authority to increase the likelihood of prompt actual notice to the candidate without placing on the challenger technical demands that may be unreasonably difficult in a particular case. Accordingly, Paragraph B of this rule provides for delivery to be “effected in a manner that is reasonably calculated to provide actual notice to the candidate of the filing of the complaint.” Although the rule does not provide exclusive methods of providing actual notice of the filing and evidentiary hearing, illustrative examples of such delivery could include the following:

Plain-English Summary

This rule provides a fast track for petition challenges. A challenge to a nominating petition under the Primary Election Law is begun by filing a complaint and request for expedited hearing no later than ten days after the last day to file the declaration of candidacy, with a copy delivered to the assigned judge. Service is on the proper filing officer under Rule 1-004, and the plaintiff also delivers a copy to the challenged candidate in a manner reasonably calculated to give actual notice.

A challenge to signatures must be pleaded with precision—each challenged signature in a separate count (or grouped when on one common ground), with the grounds, the page and line, a copy of the petition, and required exhibits—covering duplicate signatures and challenges to a signer’s qualifications. Grounds not raised within ten days are waived. The plaintiff may peremptorily excuse the judge the day the complaint is filed, the challenged candidate within two days, and the court holds a hearing and decides within ten days, with appeal to the Supreme Court. As the committee commentary explains, the rule supplements the statute’s service provisions to improve the odds of prompt actual notice.

Frequently Asked Questions

How long do I have to challenge a nominating petition?

The complaint and request for expedited hearing must be filed no later than ten days after the last day for filing the declaration of candidacy.

How specific must a signature challenge be?

Each challenged signature must be set out—generally in a separate count—with the grounds, the page and line where it appears, a copy of the petition, and any required exhibits; grounds not raised within ten days are waived.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-096 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: challenge nominating petitionnominating petitionpetition signaturesprimary election