Section 1-8-48 - Independent candidates for general or United States representative special elections; declaration of independent candidacy and nominating petition.

1-8-48. Independent candidates for general or United States representative special elections; declaration of independent candidacy and nominating petition.

A.     Nomination as an independent candidate shall be made by filing a declaration of independent candidacy and a nominating petition with the proper filing officer.        B.  In making a declaration of independent candidacy, the candidate for an office other than that of president or vice president shall submit a sworn statement in the following form: 
 

     
 
"DECLARATION OF INDEPENDENT CANDIDACY      
     I, ________ (candidate's name on certificate of registration) being first duly sworn, say that I reside at ____________ in the county of ________, New Mexico, and that I am a voter of Precinct No. ________ of the county of ________, State of New Mexico; 
     
     I have declined to designate my party affiliation as shown by my certificate of registration and I have not changed such declination subsequent to the date of issuance of the governor's proclamation for the primary election in the year of the general election at which I seek to be a candidate; 
     
     I desire to become a candidate for the office of ____________, District ________ at the general election to be held on the date set by law for this year, and if the office be that of a member of the legislature or public regulation commission, that I actually reside within the district for which I declare my candidacy; 
     
     I will be eligible and legally qualified to hold this office at the beginning of its term; 
     
     If a candidate for any office for which a nominating petition is required, I am submitting with this statement a nominating petition in the form and manner as prescribed by the Election Code; and 
     
     I make the foregoing affidavit under oath or affirmation knowing that any false statement herein constitutes a felony punishable under the criminal laws of New Mexico. 
     
 
     __________________________________________________________________________
     
     (Declarant) 
     
 
     __________________________________________________________________________
     
     (Mailing Address) 
     
 
     __________________________________________________________________________
     
     (Residence Address) 
     
     Subscribed and sworn to or affirmed before me this ________ day of ______________ (month), ________ (year). 
     
     ______________________________ 
     
     (Notary Public) 
     
     My commission expires: 
     ________________________".  

C.     The secretary of state shall prescribe and furnish the form for the declaration of independent candidacy for the office of president and vice president.