Secretary of State Explains General Election Ballot Process After President Biden Withdraws from Race

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SANTA FE – Secretary of State Maggie Toulouse Oliver responded to the wave of misinformation circulating online following President Biden’s announcement that he will not seek re-election. Concerns have emerged about the process for selecting the Democratic nominee for the November General Election ballot.

In a statement, Toulouse Oliver reassured New Mexicans that the Secretary of State’s Office is committed to providing clear, up-to-date information regarding elections. She encouraged voters to seek information from trusted sources, including their county clerk or the Secretary of State’s Office, to avoid confusion.

“With President Biden’s decision to withdraw from the presidential race there has already been misinformation circulating about the nomination process here in New Mexico,” said Secretary Toulouse Oliver. “Let me set the record straight: The ballot deadline has not passed in New Mexico. New Mexico follows major party rules for the selection of presidential candidates and, as long as they meet the ballot deadline of August 27, 2024, whoever is nominated for president at the upcoming Democratic Convention will appear on New Mexico’s General Election ballot. I encourage voters to always seek out trusted sources of election information, like their county clerk or the Secretary of State’s office, and to verify information about voting and elections before repeating or reposting it.”

Biden did meet the deadline. On August 1 and 2 the Democrat National Convention met virtually and nominated Kamala Harris as their candidate for US President.

Important information for New Mexico voters:

• President Biden won New Mexico’s Primary Election in June, but that simply means that Democratic voters voted to allocate delegates to the Democratic Convention where the formal nomination will take place. Now that Biden has withdrawn from the race, he released his pledged delegates who chose how they wish to allocate their votes at the convention, along with the unpledged delegates.

• Can there be another Primary Election? No. State law does not provide for holding another Primary Election, nor would another Primary Election be necessary under the Democratic Party Rules governing delegates.

• To remove his name from the ballot, President Biden’s campaign had to file a notarized statement of withdrawal as a candidate to our office (per NMSA 1-10-6(D)).

• After being selected by the delegates, Kamala Harris will run for President under the Democrat party in November.