Section 1-8-35 - Primary Election Law; nominating petition; limitation on appeals of validity of nominating petitions.
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 [1-8-10 to 1-8-52 NMSA 1978] 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.
B. For the purposes of an action challenging a nominating petition, each person filing a nominating petition under the Primary Election Law [1-8-10 to 1-8-52 NMSA 1978] 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.