Crum v. Duran

Summary

The New Mexico Supreme Court held that the State's closed primary election system does not violate the New Mexico Constitution's Free and Open Clause or qualified-voter provisions. The Court concluded that requiring voters to affiliate with a major political party at least 28 days before a primary, and limiting voters to candidates of their registered party, imposes reasonably modest burdens that further election integrity and administrative interests. The Court affirmed dismissal of David Crum's complaint for failure to state a claim.

Holdings

1. New Mexico's requirements that a voter affiliate with a major political party at least twenty-eight days before a primary and vote only for candidates of the party designated on the voter's registration impose reasonably modest, nondiscriminatory burdens that further the State's interests in election purity and efficient administration and therefore do not violate the New Mexico Constitution.
2. The district court properly dismissed Crum's complaint for failure to state a claim because the challenged closed-primary provisions are constitutional.

Questions Presented

1. Whether New Mexico's closed-primary provisions, requiring affiliation with a major political party at least twenty-eight days before a primary and limiting voters to candidates of the party designated on their registration, violate the Free and Open Clause of Article II, Section 8 of the New Mexico Constitution.
2. Whether the challenged provisions violate Article VII, Section 1 of the New Mexico Constitution by restricting qualified voters' participation in primary elections.
3. Whether the district court properly dismissed the complaint under Rule 1-012(B)(6) NMRA.

Disposition

affirmed