reglab/housing_qa huggingface dataset:
NM Stat § 1-10-1 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 10 - Ballots and Ballot Labels|Section 1-10-1 - Ballot.

As used in the Election Code [Chapter 1 NMSA 1978]: A. "ballot" means a system for arranging and designating for the voter the names of candidates, constitutional amendments and other questions to be voted on and for the marking, casting or otherwise recording of such votes, and the term includes absentee ballots, provisional paper ballots and all other paper ballots; and B. "provisional paper ballot" means the paper ballot used pursuant to Section 1-12-7.1, 1-12-8 or 1-12-25.2 NMSA 1978. History: 1953 Comp., § 3-10-11.1, enacted by Laws 1977, ch. 222, § 24; 1985, ch. 207, § 19; 2003, ch. 356, § 28; 2009, ch. 150, § 8. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, in Subsection A, after "includes absentee ballots", deleted "ballot labels, ballot cards, ballot sheets" and after "provisional paper ballots and", deleted "emergency" and added "all other"; deleted former Subsection B, which defined "ballot label"; deleted former Subsection C, which defined "emergency paper ballot"; deleted former Subsection D, which defined "ballot card"; deleted former Subsection E, which defined "ballot sheet"; and in Subsection B, deleted reference to Section 1-5-10 NMSA 1978 and added Section 1-12-7.1 NMSA 1978. The 2003 amendment, effective July 1, 2003, inserted "provisional paper ballots" preceding "and emergency paper ballots" at the end of Subsection A and added Subsection F.
NM Stat § 1-10-2 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 10 - Ballots and Ballot Labels|Section 1-10-2 - Ballots; duty to provide.

The county clerk shall prepare and supply the ballots used in elections conducted under the Election Code [Chapter 1 NMSA 1978]. The secretary of state may assist in preparing and supplying ballots. Ballots other than those prepared by the county clerk or secretary of state shall not be used. History: 1953 Comp., § 3-10-11.2, enacted by Laws 1977, ch. 222, § 25; 2007, ch. 337, § 12. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, permitted the secretary of state to assist in preparing and supplying ballots.
NM Stat § 1-10-2.1 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 10 - Ballots and Ballot Labels|Section 1-10-2.1 - Repealed.

History: 1978 Comp., § 1-10-2.1, enacted by Laws 1991, ch. 105, § 16; repealed by Laws 2011, ch. 137, § 110.ANNOTATIONSRepeals. — Laws 2011, ch. 137, § 110 repealed 1-10-2.1 NMSA 1978, as enacted by Laws 1991, ch. 105, § 16, relating to ballots and equipment, effective July 1, 2011. For provisions of former section, see the 2010 NMSA 1978 on NMOneSource.com.
NM Stat § 1-10-3 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 10 - Ballots and Ballot Labels|Section 1-10-3 - Ballots; uniformity.

A. Ballots shall be uniform throughout the state and compatible with the type of voting machine used in the county. B. The secretary of state shall determine in each election, where applicable, the position of the parties, constitutional amendments, questions and the names of nominees to be voted on by the voters of the entire state. History: 1953 Comp., § 3-10-11.3, enacted by Laws 1977, ch. 222, § 26; 1985, ch. 207, § 20.
NM Stat § 1-10-5 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 10 - Ballots and Ballot Labels|Section 1-10-5 - Ballots; printing.

The county clerk shall have access to sufficient ballots to send to federal qualified electors no later than the last business day before the forty-fifth day prior to an election. All other pre-printed ballots shall be in the possession of the county clerk at least forty days before the election. When a county is using a system that is designed to print ballots at a polling location, the system shall be programmed and capable of operation at least forty days before the election.History: 1953 Comp., § 3-10-11.5, enacted by Laws 1977, ch. 222, § 28; 2009, ch. 150, § 9; 2011, ch. 137, § 72; 2015, ch. 145, § 57; 2019, ch. 212, § 100. ANNOTATIONSThe 2019 amendment, effective April 3, 2019, after "All other", added "pre-printed", and after "shall be", deleted "printed and". The 2015 amendment, effective July 1, 2015, removed the reference to "overseas voters" in the provision requiring the county clerk to have sufficient ballots for an election; after "federal qualified electors", deleted "and overseas voters", after "day prior to", deleted "a primary or general" and added "an", and after "election", deleted "as required by federal law".The 2011 amendment, effective July 1, 2011, required county clerks to send ballots to federal qualified electors and overseas voters not later than the forty-fifth day prior to the election and to have all other ballots at least forty days before the election. The 2009 amendment, effective June 19, 2009, at the beginning of the sentence, deleted "Ballot labels" and added "Ballots" and changed "thirty" to "forty". Printing ballots under voting machine law. — Since voting machines are to be used in the precinct or election districts involved, it is only ballots to the amount of 10% of the total number of registered voters that would be necessary to have printed. Paper ballots are only required to be used under the voting machine law in the event a voting machine should become disabled or in the event a person presents himself to vote by triplicate registration affidavit when his name does not appear in the registration book. 1954 Op. Att'y Gen. No. 54-5920 (opinion rendered under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 335. 29 C.J.S. Elections §§ 153, 155.
NM Stat § 1-10-7 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 10 - Ballots and Ballot Labels|Section 1-10-7 - Ballots; name shall appear but once; exceptions.

A. In a primary or general election, no candidate's name shall appear more than once on the ballot, except in the case of a candidate who is also a candidate for president or vice president of the United States.B. In a regular local election, a candidate's name:(1) shall not appear more than once to be elected to any position with the same local government; and(2) may appear more than once to be elected to any position with different local governments. History: 1953 Comp., § 3-10-11.7, enacted by Laws 1977, ch. 222, § 30; 1979, ch. 378, § 13; 1981, ch. 143, § 3; 2019, ch. 212, § 102. ANNOTATIONSThe 2019 amendment, effective April 3, 2019, revised provisions related to names appearing on a ballot, and added a separate provision applicable to regular local elections; in the section heading, added "exceptions"; deleted "Except in the case of a candidate for United States senate or United States representative who is also a candidate for president or vice president of the United States"; in Subsection A, added "In a primary or general election", and after "once on the ballot", deleted "Whenever a person is, with his knowledge and consent, a candidate at any nominating convention or primary for nomination as the candidate of any political party for any office to be voted on at the election to be held next after such convention or primary, his name shall not be printed on the ballot at such election except in the column under the party name and emblem of the party designated on his declaration of candidacy or statement of candidacy for convention designation" and added "except in the case of a candidate who is also a candidate for president or vice president of the United States."; and added Subsection B.Intent of section is to prevent party switching after an unsuccessful primary bid in order to run in the general election. Anderson v. Hooper, 498 F. Supp. 898 (D.N.M. 1980) (decided prior to 1981 amendment). Running as independent in succeeding election not prevented. — Section 1-8-19 NMSA 1978 and this section do not prevent an unsuccessful party primary candidate from running as an independent in the succeeding general election. Anderson v. Hooper, 498 F. Supp. 898 (D.N.M. 1980)(decided prior to 1981 amendment). Section does not apply to presidential primary and does not prevent placement of candidate's name on general election ballot. Anderson v. Hooper, 498 F. Supp. 898 (D.N.M. 1980)(decided prior to 1981 amendment).
NM Stat § 1-10-7.1 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 10 - Ballots and Ballot Labels|Section 1-10-7.1 - Repealed.

History: Laws 1997, ch. 93, § 1; repealed by Laws 2011, ch. 137, § 110.ANNOTATIONSRepeals. — Laws 2011, ch. 137, § 110 repealed 1-10-7.1 NMSA 1978, as enacted by Laws 1997, ch. 93, § 1, relating to removal of names of deceased candidates from ballots, effective July 1, 2011. For provisions of former section, see the 2010 NMSA 1978 on NMOneSource.com.
NM Stat § 1-10-9 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 10 - Ballots and Ballot Labels|Section 1-10-9 - Ballots; errors and omissions.

A. If an error or omission has occurred in the printed ballot, the district court, upon petition of any voter, may order the county clerk to forthwith correct the error or supply the omission, or immediately show cause why the error should not be corrected or the omission should not be supplied. B. If any error occurs in the printing on the ballot of the name of any candidate or in the designation of the office for which he is nominated, the ballot shall nevertheless be counted for such candidate for the office for which he was nominated as shown by the certificate of nomination. History: 1953 Comp., § 3-10-13, enacted by Laws 1969, ch. 240, § 208. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 316. 29 C.J.S. Elections § 173.
NM Stat § 1-10-10 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 10 - Ballots and Ballot Labels|Section 1-10-10 - Ballots; sample.

A. The county clerk shall make available in both English and Spanish a number of sample ballots in a quantity and in a printed or electronic format as prescribed by the secretary of state. B. The sample ballots shall be the same in all respects as the official ballots, except that, if printed, they shall be printed on colored paper and shall not contain the facsimile signature of the county clerk or any endorsement on the back thereof. Each sample ballot shall be marked in large black capital letters, "SAMPLE BALLOT". C. Printed sample ballots shall be made available in reasonable quantities to all interested persons at the county clerk's office, in each polling place and on the county's web site, if the county maintains a web site. History: 1953 Comp., § 3-10-14, enacted by Laws 1969, ch. 240, § 209; 1971, ch. 317, § 18; 1977, ch. 124, § 4; 1985, ch. 207, § 23; 2015, ch. 145, § 59. ANNOTATIONSThe 2015 amendment, effective July 1, 2015, provided that the county clerk shall make available a number of sample ballots in a quantity and format prescribed by the secretary of state and shall make the sample ballots available at the county clerk's office, in each polling place and on the county's web site, if the county maintains a web site; in Subsection A, deleted "At the time of printing the official ballots", after "county clerk shall", deleted "cause to be printed" and added "make available", after "in a quantity", deleted "equal to ten percent of the number of voters in each precinct" and added "and in a printed or electronic format as prescribed by the secretary of state"; in Subsection B, after "except that," added "if printed"; in Subsection C, added "Printed", after "interested persons", deleted "for distribution to the voters within the appropriate precincts." and added "at the county clerk's office, in each polling place and on the county's website, if the county maintains a web site"; and deleted Subsection D.
NM Stat § 1-10-11 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 10 - Ballots and Ballot Labels|Section 1-10-11 - Sample ballots; penalty.

The county clerk shall provide at least four sample ballots for use in each precinct. Two of the sample ballots shall be displayed for public inspection on the outside of the polling place and two on the inside. The sample ballots shall be displayed throughout election day. It is a petty misdemeanor for any person to deface, alter, remove or in any way destroy the sample ballots displayed for public inspection at the polling place during the hours the election is being conducted. History: 1953 Comp., § 3-10-15, enacted by Laws 1969, ch. 240, § 210; 1977, ch. 124, § 5; 1981, ch. 143, § 4; 2009, ch. 150, § 14. ANNOTATIONSCross references. — For offenses and penalties, see 1-20-1 NMSA 1978 et seq. The 2009 amendment, effective June 19, 2009, deleted former Subsection A, which required the county clerk to provide sample ballots that show the entire front of the voting machine.
NM Stat § 1-10-12 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 10 - Ballots and Ballot Labels|Section 1-10-12 - Paper ballots; general requirements.

Paper ballots shall: A. be numbered consecutively; B. be uniform in size; C. be printed on good quality white paper; D. be printed in plain black type; E. have the precinct numbers printed on each paper ballot; and F. be in the form prescribed by the secretary of state. History: 1953 Comp., § 3-12-78, enacted by Laws 1977, ch. 222, § 47; 1987, ch. 249, § 39; 1991, ch. 105, § 34; § 1-12-44 NMSA 1978, recompiled and amended as § 1-10-12 NMSA 1978 by Laws 2009, ch. 150, § 10. ANNOTATIONSRecompilations. — Laws 2009, ch. 150, § 10 recompiled former 1-12-44 NMSA 1978 as 1-10-12 NMSA 1978, effective June 19, 2009. The 2009 amendment, effective June 19, 2009, at the beginning of the sentence, before "Paper ballots", deleted "Emergency" and after "Paper ballots", deleted "used in the primary and general elections"; in Subsection A, deleted language that provided for the numbering of ballots beginning with precinct one; deleted former Subsection E, which required all words, phrases and the name of candidates to be printed in their proper places; in Subsection E, after "have the", deleted "legislative district, commissioner district and", and after "printed on each", deleted "emergency"; and added Subsection F. The legislature did not delegate to the secretary of state the authority to reinstate straight-ticket voting in New Mexico. — Where the New Mexico secretary of state sought to reinstate straight-ticket voting in the November 2018 general election, and where petitioners, a coalition of voters, political parties, and political organizations, filed a petition for writ of mandamus requesting an order prohibiting the secretary of state from further efforts to reinstate the straight-ticket option on the grounds that she does not possess the authority to do so, the writ of mandamus was issued because N.M. Const., Art. VII, § 1(B) gives the legislature plenary authority over elections, an authority which cannot be delegated and which is limited only by the New Mexico constitution. Moreover, the history of straight-ticket voting in New Mexico indicates that the legislature never delegated or attempted to delegate to the secretary of state the authority to decide whether straight ticket voting shall be an option to voters in general elections, and 1-10-12(F) NMSA 1978, which gives the secretary of state the authority to prescribe the form of the ballot, was never intended to authorize the secretary of state to decide questions related to straight-ticket voting. Unite New Mexico v. Oliver, 2019-NMSC-009.
NM Stat § 1-10-13 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 10 - Ballots and Ballot Labels|Section 1-10-13 - Ballots; write-in candidates.

When a write-in candidate has been qualified by the proper filing officer pursuant to the Election Code:A. a space for entering the name of the write-in candidate shall be clearly designated by the use of the heading "Declared Write-in Candidate" after the listing of other candidates for that office; andB. the write-in candidate's name shall not be pre-printed on the ballot, nor displayed or otherwise provided in any polling place by any election official or member of an election board. History: 1953 Comp., § 3-12-81, enacted by Laws 1977, ch. 222, § 50; § 1-12-47 NMSA 1978, recompiled and amended as § 1-10-13 NMSA 1978 by Laws 2009, ch. 150, § 11; 2019, ch. 212, § 105.ANNOTATIONSRecompilations. — Laws 2009, ch. 150, § 11 recompiled former 1-12-47 NMSA 1978 as 1-10-13 NMSA 1978, effective June 19, 2009. The 2019 amendment, effective April 3, 2019, provided that the names of write-in candidates shall not be pre-printed on the ballot; in the introductory clause, after "has been", deleted "certified" and added "qualified by the proper filing officer; in Subsection A, added "'Declared'" preceding "Write-in Candidate"; and added Subsection B. The 2009 amendment, effective June 19, 2009, at the beginning of the sentence, deleted "Where space is allowed on an emergency paper ballot" and added "When a write-in candidate has been certified pursuant to the Election Code, a space"; and after "Write-in Candidate", added "after the listing of other candidates for that office".
NM Stat § 1-10-14 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 10 - Ballots and Ballot Labels|Section 1-10-14 - Paper ballots; election supplies.

The secretary of state shall provide for the procurement of paper ballot election supplies. History: 1953 Comp., § 3-12-83, enacted by Laws 1977, ch. 222, § 52; § 1-12-49 NMSA 1978, recompiled and amended as § 1-10-14 NMSA 1978 by Laws 2009, ch. 150, § 12. ANNOTATIONSRecompilations. — Laws 2009, ch. 150, § 12 recompiled 1-12-49 NMSA 1978 as 1-10-14 NMSA 1978, effective June 19, 2009. The 2009 amendment, effective June 19, 2009, after "procurement of", deleted "emergency".
NM Stat § 1-10A-1 to 1-10A-3 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 10A - Ballot Positioning (Repealed.)|Section 1-10A-1 to 1-10A-3 - Repealed.

ANNOTATIONSRepeals. — Laws 1994, ch. 3, § 2, repealed 1-10A-1 through 1-10A-3 NMSA 1978, as enacted by Laws 1988, ch. 17, §§ 1 through 3, the Ballot Positioning Act, effective January 31, 1994. For provisions of former sections, see the 1993 NMSA 1978 on NMOneSource.com.
NM Stat § 1-11-1 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 11 - Notices, Preparation for Elections and Election Supplies|Section 1-11-1 - Notice of election.

The county clerk shall, at least twenty-one days prior to a statewide election, give notice of the election.History: 1953 Comp., § 3-11-1, enacted by Laws 1969, ch. 240, § 211; 2019, ch. 212, § 106.ANNOTATIONSCross references. — For notice of referendum election, see 1-17-14 NMSA 1978. For date for holding general elections, see N.M. Const., art. XX, § 6. The 2019 amendment, effective April 3, 2019, increased the amount of notice that the county clerk must give for a statewide election; and after "at least", deleted "twelve" and added "twenty-one", and after "prior to", deleted "any county or" and added "a".Provisions directory. — Former statute (Code 1915, § 1977) relating to notice of election was directory, and notice was sufficient though first insertion was made after statutory period had elapsed. Board of Educ. v. Citizens' Nat'l Bank, 1917-NMSC-059, 23 N.M. 205, 167 P. 715. Constitutional amendments must be set forth in full in election proclamation published by the board of county commissioners. 1955 Op. Att'y Gen. No. 55-6181 (opinion rendered under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 289 et seq. Injunction against holding of election, 70 A.L.R. 733. Statutory provision as to manner and time of notice of special election as mandatory or directory, 119 A.L.R. 661. Validity of public election as affected by fact that it was held at time other than that fixed by law, 121 A.L.R. 987. Notice of election to fill vacancy in office at general election, 158 A.L.R. 1184. 29 C.J.S. Elections §§ 71 to 75.
NM Stat § 1-11-3 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 11 - Notices, Preparation for Elections and Election Supplies|Section 1-11-3 - Notice of election; publication; posting.

A. The notice of election shall be published at least once, not more than twenty-one nor less than seven days before election day.B. The notice of election shall be published in a legal newspaper as provided in Section 14-11-2 NMSA 1978.C. If no legal newspaper is published in the county, the notice of election shall be published in a legal newspaper of general circulation in the county.D. The county clerk shall post the notice of election beginning no later than twenty days before the election. The county clerk shall also place on the county website the proclamation for the election or provide a link to the proclamation posted on the secretary of state's website.E. The notice of election shall be printed in English and Spanish.F. The notice of election shall be broadcast on a radio station in the appropriate Native American languages in those counties affected by the federal Voting Rights Act of 1965, as amended.History: 1953 Comp., § 3-11-3, enacted by Laws 1969, ch. 240, § 213; 1977, ch. 124, § 6; 1991, ch. 105, § 20; 2019, ch. 212, § 108.ANNOTATIONSCross references. — For publication defined, see 1-1-14 NMSA 1978. For posting defined, see 1-1-15 NMSA 1978. For the federal Voting Rights Act of 1965, see 42 U.S.C. § 1973 et seq. The 2019 amendment, effective April 3, 2019, changed "proclamation" to "notice of election", and provided additional duties for the county clerk regarding posting notice of an election; replaced each occurrence of "proclamation" with "notice of election" throughout the section; and in Subsection D, deleted "A copy of the proclamation shall be posted in a public building" and added the remainder of the subsection. The 1991 amendment, effective April 2, 1991, substituted "14-11-2 NMSA 1978" for "10-2-2 NMSA 1953" in Subsection B; added "In a public building" at the end of Subsection D; and added Subsection F.If no newspaper in county publishes in Spanish language, or if there are not as many as four newspapers of general circulation in the state that will publish the notices in Spanish, it must be assumed that no legal newspaper is published in compliance with this requirement. Thus, the Spanish section should be published in every newspaper in the county which will publish in the Spanish language. In the event no newspaper is published or circulated in that county which will handle the Spanish publication, then the posting provision will be the only method by which the law can be complied with. 1956 Op. Att'y Gen. No. 56-6367 (opinion rendered under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 293. What is "public place" within requirements as to posting of notices, 90 A.L.R.2d 1210. 29 C.J.S. Elections § 74.
NM Stat § 1-11-4 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 11 - Notices, Preparation for Elections and Election Supplies|Section 1-11-4 - Notice of election; errors and omissions.

A. The county clerk may amend the notice of election between the time of its issuance and the day of election to provide for any corrections or to supply any omissions.B. Upon petition of any voter that an error or omission has occurred in the notice of election, the district court may forthwith order the county clerk to correct the error or to supply the omission or immediately show cause why the error should not be corrected or the omission should not be supplied. History: 1953 Comp., § 3-11-4, enacted by Laws 1969, ch. 240, § 214; 2019, ch. 212, § 109.ANNOTATIONSThe 2019 amendment, effective April 3, 2019, replaced each occurrence of "proclamation" with "notice of election" throughout the section.