New Mexico Regulations § 1.10.11.10 CANDIDATES FOR GOVERNOR AND LIEUTENANT GOVERNOR ON THE BALLOT

A. Primary Election Ballot. In the event that at least one candidate of the same major party fails to file or does not qualify for both the office of governor and lieutenant governor, then no candidate for either position shall appear on the primary election ballot for that party in order to comply with the New Mexico state constitution Article 5, Section 1.

B. General Election Ballot. In the event that at least one independent candidate or candidate for the same minor party fails to file for or does not qualify for both the office of governor and lieutenant governor, then no candidate for either position shall appear on the general election ballot for that party in order to comply with the New Mexico state constitution Article 5, Section 1. For example, if an independent candidate for governor files and otherwise qualifies for appearance on the ballot but no independent candidate files for lieutenant governor, then the candidate for governor shall not appear on the ballot.

C. If an odd number of independent candidates for governor and lieutenant governor file and otherwise qualify to appear on the general election ballot, the qualifying candidates may choose to designate one another, on a form prescribed by the secretary of state, in order to determine which candidates will appear on the general ballot in compliance with the New Mexico state constitution Article 5, Section 1. For example, if two independent candidates for governor file and otherwise qualify for appearance on the ballot and only one independent candidate for lieutenant governor files and otherwise qualifies for appearance on the ballot, two of the candidates would complete the prescribed form in order to designate one another to determine which one of the two candidates for governor will appear with the candidate for lieutenant governor on the general election ballot. Failure to designate, will result in the drawing by lot as described in subsection D.

D. As an alternative to subsection C, if the independent candidates for governor and lieutenant governor fail to designate one another, a drawing by lot will be conducted by the secretary of state to determine the candidates to appear on the general ballot. The drawing by lot will be conducted on the first Wednesday in the month of September in the year in which a general election is to be held.