May a magistrate candidate campaign before an uncontested primary when the general election will be contested?

Plain-English summary

The inquirer was a magistrate candidate without primary opposition but with an opponent in the general election. The question was whether campaigning before the primary, including signs and other advertising, was allowed. Source: Opinion 02-02, p. 1

The committee found nothing in Rule 21-700(B) that barred primary-season campaigning merely because the candidate lacked a primary opponent. It treated the general-election contest as making this a contested partisan election. It also called attention to Rule 21-800(D)'s treatment of uncommitted campaign funds for candidates who become unopposed. Source: Opinion 02-02, p. 1

In practice

The opinion permits the described primary campaign activity within the Code's campaign rules. It distinguishes lack of opposition in the primary from the broader contested election. Source: Opinion 02-02, p. 1

Common questions

Q: Did the absence of a primary opponent bar campaign signs before the primary?

A: No. The committee said the candidate could campaign in the primary under Rule 21-700(B) because the general election was contested. Source: Opinion 02-02, p. 1

Q: Did the committee address campaign funds?

A: It pointed to Rule 21-800(D)'s treatment of uncommitted funds when a judicial candidate is or becomes unopposed, without treating it as a bar to this campaign. Source: Opinion 02-02, p. 1

Background and rules framework

The committee interpreted then-current New Mexico Code of Judicial Conduct Rule 21-700(B) on partisan judicial campaigning and referenced Rule 21-800(D) on funds of unopposed candidates. Source: Opinion 02-02, p. 1

Citations and references

• New Mexico Code of Judicial Conduct Rules 21-700(B) and 21-800(D) (printed as “Rule 21-700 B” and “Rule 21-800 D”). Source: Opinion 02-02, p. 1

See also

• NM Judicial Op. 02-01: Campaign Title
• NM Judicial Op. 06-05: Campaign Debt Fundraising

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Judicial Advisory Opinion 02-02

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Committee on the Code of Judicial Conduct

Hon. Frank H. Allen, Jr., Chairman
Hon. Marie A. Baca
April 3, 2002
Hon. James J. Wechsler
Prof. William MacPherson

Re: Judicial Advisory Opinion 02-02

Dear

You have asked our opinion as to whether a Magistrate Judge who has no opposition in the primary election but has opposition in the general election can campaign prior to the primary with signs and other advertisement promoting his or her candidacy.

Candidates for Magistrate Judge in a partisan election, including the incumbent judges are permitted to participate in the electoral process subject to certain requirements. These requirements of what a candidate shall and shall not do are found in Rule 21-700 B (Candidates for Election to Judicial Office).

There is nothing in these requirements that prohibits a judicial candidate from campaigning in the primary, even though he or she does not have primary opposition.

A judicial candidate such as yourself should also be aware of Rule 21-800 D (Unopposed Candidates in Partisan Elections) which provides what the judicial candidates are required to do with uncommitted campaign funds where the candidate is unopposed or becomes unopposed in the campaign.

It is the committee' s opinion that a magistrate judge who has opposition in the general election but not in the primary election is in a partisan contested election and may campaign in the primary election within the requirements of Rule 21-700 B.

Chairperson
Judicial Advisory
Committee