New Mexico Statutes 1-8-35. Primary Election Law; nominating petition; limitation on appeals of validity of nominating petitions
A. Any voter filing any court action challenging a nominating petition provided for in the Primary Election Law N.M. Stat. Ann. § 1-8-10 to 1-8-52 shall do so within ten days after the last day for filing the declaration of candidacy with which the nominating petition was filed. Within ten days after the filing of the action, the district court shall hear and render a decision on the matter. The decision shall be appealable only to the supreme court and notice of appeal shall be filed within five days after the decision of the district court. The supreme court shall hear and render a decision on the appeal forthwith.
Terms Used In New Mexico Statutes 1-8-35
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Service of process: The service of writs or summonses to the appropriate party.
B. For the purposes of an action challenging a nominating petition, each person filing a nominating petition under the Primary Election Law appoints the proper filing officer as his agent to receive service of process. Immediately upon receipt of process served upon the proper filing officer, the officer shall, by certified mail, return receipt requested, mail the process to the person.