reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6B - Uniform Military and Overseas Voters › Section 1-6B-8 - Receipt of voted military-overseas ballots from federal qualified electors.

A. A military-overseas ballot shall be considered timely if it is received by the county clerk no later than the deadline for receiving mailed ballots in Section 1-6-10 NMSA 1978.
B. A federal qualified elector may transmit, and the county clerk shall accept, a military-overseas ballot by secured electronic transmission available to the county clerk when the military-overseas ballot is sent directly by the voter to that clerk; provided that, when sending a military-overseas ballot as described in this subsection:
(1) the federal qualified elector signs an affidavit waiving the right of secrecy of the federal qualified elector's ballot;
(2) the federal qualified elector transmits the affidavit with the military-overseas ballot; and
(3) the county clerk places the received ballot in a holding envelope provided by the secretary of state for this purpose and delivers the ballot to the appropriate election board.
History:
Laws 2015, ch. 145, § 32; 2019, ch. 212, § 83.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, revised the methods of delivery of military-overseas ballots from federal qualified electors; in Subsection A, after "no later than the", deleted "closing of the polls on election day" and added "deadline for receiving mailed ballots in Section 1-6-10 NMSA 1978"; in Subsection B, in the introductory clause, after "military-overseas ballot by", deleted "facsimile transmission, electronic mail delivery or other equivalent" and added "secured", and after "electronic", deleted "delivery" and added "transmission", and in Paragraph B(3), after "ballot to the", deleted "absentee precinct" and added "appropriate election".
Applicability.
— Laws 2015, ch. 145, § 102 provided that the Uniform Military and Overseas Voters Act is applicable to any federal postcard application received as of the first day of the current election cycle.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6B - Uniform Military and Overseas Voters › Section 1-6B-9 - Emergency response providers.

A. An emergency response provider may benefit from the ability to apply for a mailed ballot and to return the marked ballot in the same manner as provided in the Uniform Military and Overseas Voters Act for federal qualified electors; provided that the emergency response provider may not use the federal postcard application or the federal write-in absentee ballot.
B. The county clerk shall transmit to, receive from and process a mailed ballot of an emergency response provider in the same manner as provided in the Uniform Military and Overseas Voters Act for a federal qualified elector.
C. As used in this section, "emergency response provider" means a resident of this state who otherwise satisfies this state's voter eligibility requirements and who, in response to an emergency, is temporarily assigned by a governmental or nongovernmental relief agency or employer to provide support to the victims of the emergency or to rebuild the infrastructure in the affected area and:
(1) the assignment is for a period beginning on or after the thirty-five days immediately prior to an election;
(2) the affected area is outside the individual's county of residence; and
(3) the president of the United States or the governor of a state has declared an emergency in the affected area.
History:
Laws 2015, ch. 145, § 33; 2019, ch. 212, § 84.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, replaced "absentee ballot" with "mailed ballot" throughout the section.
Applicability.
— Laws 2015, ch. 145, § 102 provided that the Uniform Military and Overseas Voters Act is applicable to any federal postcard application received as of the first day of the current election cycle.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6B - Uniform Military and Overseas Voters › Section 1-6B-10 - Use of federal write-in absentee ballot; qualification.

A. A federal qualified elector may use a federal write-in absentee ballot to vote for all offices and ballot questions in an election.
B. In completing the federal write-in absentee ballot, the federal qualified elector may designate a candidate by writing in the name of the candidate. In a general election when voting for a specified office, a federal qualified elector may in the alternate complete the federal write-in absentee ballot by writing in the name of a political party, in which case the ballot shall be counted for the candidate of that political party.
C. A qualified federal write-in absentee ballot shall be processed during the county canvass in the same manner as a provisional ballot. A federal write-in absentee ballot from a federal qualified elector shall not be qualified if the federal qualified elector voted on any other type of ballot. A federal write-in absentee ballot of an overseas voter shall not be qualified if the ballot is submitted from any location in the United States.
History:
Laws 2015, ch. 145, § 34; 2019, ch. 212, § 85; 2023, ch. 39, § 38.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided that a qualified federal write-in absentee ballot shall be processed during the county canvass; and in Subsection C, after "shall be processed", deleted "by" and added "during", and after "during the", deleted "canvassing board" and added "county canvass".
The 2019 amendment,
effective April 3, 2019, in Subsection A, after "offices and ballot", deleted "measures" and added "questions".
Applicability.
— Laws 2015, ch. 145, § 102 provided that the Uniform Military and Overseas Voters Act is applicable to any federal postcard application received as of the first day of the current election cycle.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6B - Uniform Military and Overseas Voters › Section 1-6B-11 - Confirmation of receipt of application and voted ballot.

The secretary of state, upon the recommendation of the voting system certification committee, shall implement an electronic free-access system by which a federal qualified elector may determine by telephone, electronic mail or internet whether the federal qualified elector's:
A. federal postcard application or other registration or military-overseas ballot application has been received and accepted; and
B. military-overseas ballot has been received and the current status of the ballot.
History:
Laws 2015, ch. 145, § 35.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 145, § 103 made Laws 2015, ch. 145, § 35 effective January 1, 2018.
Applicability.
— Laws 2015, ch. 145, § 102 provided that the Uniform Military and Overseas Voters Act is applicable to any federal postcard application received as of the first day of the current election cycle.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6B - Uniform Military and Overseas Voters › Section 1-6B-12 - Use of voter's electronic-mail address.

A. The county clerk shall request an electronic-mail address from each federal qualified elector who registers to vote. An electronic-mail address provided by a federal qualified elector shall not be made available to the public and is exempt from disclosure pursuant to the Inspection of Public Records Act. The electronic-mail address may be used only for official communication with the voter about the voting process, including the secured transmission of military-overseas ballots and ballot materials if the voter has requested secured transmission, and verifying the voter's mailing address and physical location. The request for an electronic-mail address shall describe the purposes for which the electronic-mail address may be used and include a statement that any other use or disclosure of the electronic-mail address is prohibited.
B. If a mailed ballot is transmitted to a federal qualified elector via secured transmission, the county clerk shall note in the ballot register the voter's registration address, that the ballot was delivered to the voter electronically and the date on which it was sent, but shall not disclose the voter's electronic-mail address.
C. A federal qualified elector who provides an electronic-mail address may request that the voter's application for a military-overseas ballot be considered a standing request for secured electronic delivery of a ballot for all elections in the election cycle. The county clerk shall provide a military-overseas ballot to a voter who makes a standing request for each election to which the request is applicable as an automatic application for a military-overseas ballot.
History:
Laws 2015, ch. 145, § 36; 2019, ch. 212, § 86.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, changed "absentee ballot" to "mailed ballot", and required that the transmission of military-overseas ballots be secured; in Subsection A, after "including", deleted "transmitting" and added "the secured transmission of", after "requested", deleted "electronic" and added "secured", and after "transmission", deleted "by electronic mail"; in Subsection B, after "If", deleted "an absentee" and added "a mailed", after "elector via", deleted "electronic mail" and added "secured transmission", and after "note in the", deleted "absentee"; and in Subsection C, after "request for", added "secured".
Applicability.
— Laws 2015, ch. 145, § 102 provided that the Uniform Military and Overseas Voters Act is applicable to any federal postcard application received as of the first day of the current election cycle.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6B - Uniform Military and Overseas Voters › Section 1-6B-13 - Prohibition of nonsubstantive requirements.

A. If the intention of the voter is clearly discernable in accordance with the provisions of Section 1-1-5.2 NMSA 1978, an abbreviation, misspelling or other minor variation in the form of the name of a candidate or a political party shall be accepted as a valid vote.
B. Failure to satisfy a nonsubstantive requirement, such as using paper or envelopes of a specified size or weight, does not invalidate a document submitted pursuant to the Uniform Military and Overseas Voters Act.
C. Notarization is not required for the execution of any document required by the Uniform Military and Overseas Voters Act."
History:
Laws 2015, ch. 145, § 37.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 145, § 103 made Laws 2015, ch. 145, § 37 effective July 1, 2015.
Applicability.
— Laws 2015, ch. 145, § 102 provided that the Uniform Military and Overseas Voters Act is applicable to any federal postcard application received as of the first day of the current election cycle.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6B - Uniform Military and Overseas Voters › Section 1-6B-14 - Absentee ballots; reports.

A. Within thirty days following a general election, the county clerk shall report to the secretary of state the number of absentee ballots transmitted in the general election to uniformed-service voters and overseas voters for the election and the number of those ballots returned, rejected or counted.
B. Within ninety days following a general election, the secretary of state shall report to the federal election assistance commission the combined absentee ballot numbers submitted by the counties pursuant to this section.
History:
Laws 2015, ch. 145, § 38.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 145, § 103 made Laws 2015, ch. 145, § 38 effective July 1, 2015.
Applicability.
— Laws 2015, ch. 145, § 102 provided that the Uniform Military and Overseas Voters Act is applicable to any federal postcard application received as of the first day of the current election cycle.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6B - Uniform Military and Overseas Voters › Section 1-6B-15 - Equitable relief.

A court of competent jurisdiction of this state may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with, or enforce, the Uniform Military and Overseas Voters Act on application by:
A. a federal qualified elector alleging a grievance under the Uniform Military and Overseas Voters Act; or
B. an election official in this state.
History:
Laws 2015, ch. 145, § 39.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 145, § 103 made Laws 2015, ch. 145, § 39 effective July 1, 2015.
Applicability.
— Laws 2015, ch. 145, § 102 provided that the Uniform Military and Overseas Voters Act is applicable to any federal postcard application received as of the first day of the current election cycle.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6B - Uniform Military and Overseas Voters › Section 1-6B-16 - Uniformity of application and construction.

In applying and construing the Uniform Military and Overseas Voters Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Laws 2015, ch. 145, § 40.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 145, § 103 made Laws 2015, ch. 145, § 40 effective July 1, 2015.
Applicability.
— Laws 2015, ch. 145, § 102 provided that the Uniform Military and Overseas Voters Act is applicable to any federal postcard application received as of the first day of the current election cycle.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6B - Uniform Military and Overseas Voters › Section 1-6B-17 - Relation to Electronic Signatures in Global and National Commerce Act.

The Uniform Military and Overseas Voters Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
History:
Laws 2015, ch. 145, § 41.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 145, § 103 made Laws 2015, ch. 145, § 41 effective July 1, 2015.
Applicability.
— Laws 2015, ch. 145, § 102 provided that the Uniform Military and Overseas Voters Act is applicable to any federal postcard application received as of the first day of the current election cycle.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6C - Intimate Partner Violence Survivor Suffrage › Section 1-6C-1 - Short title.

Sections 1 through 9 [1-6C-1 to 1-6C-9 NMSA 1978] of this act may be cited as the "Intimate Partner Violence Survivor Suffrage Act".
History:
Laws 2019, ch. 226, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 226, § 13 made Laws 2019, ch. 226, § 1 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6C - Intimate Partner Violence Survivor Suffrage › Section 1-6C-2 - Definitions.

As used in the Intimate Partner Violence Survivor Suffrage Act:
A. "administrator" means the person appointed by the secretary of state to administer the election component of the confidential substitute address program;
B. "appropriate county clerk" means the county clerk of the county in which the residential address on a voter registration certificate is located and includes the elected official, the county clerk's chief deputy, an appointed election board and employees or agents of the county clerk with duties related to the Intimate Partner Violence Survivor Suffrage Act;
C. "certification" means the procedure provided by the Confidential Substitute Address Act [Chapter 40, Article 13B NMSA 1978] for a person to be certified as a participant in the confidential substitute address program;
D. "confidential substitute address program" means the program administered by the secretary of state pursuant to the Confidential Substitute Address Act;
E. "decertification" means the procedure provided by the Confidential Substitute Address Act for a person to be decertified as a participant in the confidential substitute address program;
F. "delivery address" means the address where a voter-participant receives mail;
G. "election" means a statewide or special election called, conducted and canvassed pursuant to the provisions of the Election Code;
H. "participant" means a person certified to participate in the confidential substitute address program pursuant to the procedures of the Confidential Substitute Address Act; and
I. "voter-participant" means a participant who is also a voter or a participant who is also a qualified resident who may be considered a voter pursuant to Section 1-4-2 NMSA 1978.
History:
Laws 2019, ch. 226, § 2; 2023, ch. 39, § 39.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised the definition of "voter-participant" as used in the Intimate Partner Violence Survivor Suffrage Act; and in Subsection I, added "or a participant who is also a qualified resident who may be considered a voter pursuant to Section 1-4-2 NMSA 1978".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6C - Intimate Partner Violence Survivor Suffrage › Section 1-6C-3 - Elections covered; automatic delivery of ballots; form of ballot and ballot materials; confidentiality.

A. The procedures in the Intimate Partner Violence Survivor Suffrage Act apply to all elections and operate notwithstanding other provisions of the Election Code or state or local laws related to elections to the contrary.
B. Upon a person's certification as a participant, the administrator shall determine whether the participant is a voter. If the participant is not a voter but appears to be a qualified elector, the administrator shall offer the participant the opportunity to register to vote.
C. A voter-participant shall vote exclusively by mailed absentee ballot or mailed ballot. In each election in which a voter-participant is eligible to vote, the administrator shall send a mailed absentee ballot or a mailed ballot to the voter-participant without requiring a request or application to receive a ballot.
D. The form of the ballot for a voter-participant shall be the same as the ballot provided to all other voters. A voter-participant may vote for all candidates and on all questions as if the voter were casting a ballot in person.
E. The form of the ballot materials for voter-participants shall be the same as the ballot materials provided to all other voters, except as required to implement the Intimate Partner Violence Survivor Suffrage Act.
F. With regard to communications related to participants and participant records related to voting:
(1) any communication between the secretary of state and any county clerk related to the Intimate Partner Violence Survivor Suffrage Act shall be maintained as confidential in accordance with the confidentiality provisions of Subsection A of Section 40-13B-8 NMSA 1978 and shall not be disclosed except as provided by that section; and
(2) once a person is decertified, records related to that voter are no longer confidential pursuant to Paragraph (1) of this subsection and may be disclosed in the same manner provided for disclosure of voter information pursuant to the provisions of the Election Code.
History:
Laws 2019, ch. 226, § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 226, § 13 made Laws 2019, ch. 226, § 3 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6C - Intimate Partner Violence Survivor Suffrage › Section 1-6C-5 - Random identifier and verification code.

A. Prior to each election, the administrator shall assign to each voter-participant eligible to vote in that election a random identifier and a verification code for use in that election only.
B. In the mailed absentee ballot or mailed ballot process, the random identifier shall be used in place of the voter-participant's required voter identification and the verification code shall be used in place of the voter-participant's signature.
C. At the same time a ballot is mailed to a voter-participant, the administrator shall separately send the voter-participant the verification code assigned to the voter-participant for that election, along with instructions to place the verification code where a voter normally provides a signature under the privacy flap of a mailed absentee ballot or mailed ballot.
History:
Laws 2019, ch. 226, § 5.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 226, § 13 made Laws 2019, ch. 226, § 5 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6C - Intimate Partner Violence Survivor Suffrage › Section 1-6C-7 - Receipt of voted ballots from voter-participants.

A. A voted ballot shall be returned by the voter-participant to the appropriate county clerk. A voted ballot from a voter-participant shall be considered timely if it is received no later than the deadline for receiving mailed absentee ballots or mailed ballots pursuant to Section 1-6-10 NMSA 1978.
B. When a voted ballot is received from a voter-participant, the appropriate county clerk or election board shall compare the random identifier provided by the voter-participant under the privacy flap to the list of random identifiers provided by the administrator for that election. If the random identifier appears in both places, the appropriate county clerk shall verify that the verification code assigned to that random identifier for that election matches the verification code provided by the voter-participant under the privacy flap in lieu of the voter's signature. If the verification code is on the list provided by the administrator for use in that election and matches the random identifier assigned by the administrator to identify the voter-participant, the ballot shall be qualified and processed in the same manner as mailed absentee ballots or mailed ballots received and qualified in that election.
C. If either the random identifier or the verification code is missing, or if the random identifier and verification code under the privacy flap do not match, the ballot shall not be qualified and shall be disposed of in the same manner as mailed absentee ballots or mailed ballots received in that election and not qualified.
D. Following an election and within the time frames provided in the Election Code, the appropriate county clerk shall provide to the administrator using the random identifier for that election the voter credit information for each voter-participant who voted.
History:
Laws 2019, ch. 226, § 7; 2023, ch. 39, § 41.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, removed a provision requiring the appropriate county clerk to provide to the administrator the appropriate notations for any voter-participant whose election mail was returned as undeliverable; and in Subsection D, after "each voter-participant who voted", deleted "and the appropriate notations for any voter-participant whose election mail was returned as undeliverable".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6C - Intimate Partner Violence Survivor Suffrage › Section 1-6C-8 - Statewide election; state canvass report.

The secretary of state shall prepare a public report to be included with the state canvass results of each statewide election. The report shall include the total number of statewide:
A. participants;
B. voter-participants who were sent a ballot;
C. voter-participants who returned a ballot; and
D. ballots from voter-participants that were qualified and counted.
History:
Laws 2019, ch. 226, § 8.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 226, § 13 made Laws 2019, ch. 226, § 8 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6C - Intimate Partner Violence Survivor Suffrage › Section 1-6C-9 - Judicial proceedings.

A. In a judicial proceeding related to an election, upon good cause shown and only as is required to complete the judicial proceeding, a judge may permit in-camera inspection of a voter-participant's voter registration information and information related to participation in the confidential substitute address program.
B. The administrator shall be notified and joined as an indispensable party on behalf of the confidential substitute address program in a judicial proceeding related to an election whenever a judge considers permitting in-camera inspection of any information related to a voter-participant and before such determination is made.
C. In a judicial proceeding related to an election in which the secretary of state is a party in the secretary's capacity as the chief election officer of the state and the administrator is joined as an indispensable party on behalf of the confidential substitute address program, the attorney general shall provide separate representation for the secretary of state and for the administrator.
D. Information reviewed in-camera pursuant to this section shall not be admitted into evidence unless the information is the basis for the final judgment by the court.
History:
Laws 2019, ch. 226, § 9.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 226, § 13 made Laws 2019, ch. 226, § 9 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 7 - Political Parties › Section 1-7-1 - Political parties; conditions for use of ballot.

All nominations of candidates for public office in New Mexico made by political parties shall be made pursuant to the Election Code [Chapter 1 NMSA 1978]. No political party shall be permitted to have the names of its candidates printed on any election ballot unless and until it has qualified as provided in the Election Code.
History:
1953 Comp., § 3-7-1, enacted by Laws 1969, ch. 240, § 144.
ANNOTATIONS
Party must file rules and regulations with secretary of state before candidates appear on ballot.
— The first step that must be taken by a political party before the names of its candidates may be placed upon the ballot in the general election is to make, adopt and file through its state central committee, or other governing body, a set of rules and regulations providing for its convention and organization, the manner of calling and conducting its elections, the mode of selection of delegates to such conventions, the manner of selecting members of its state central committee, the state chairman and other officers and members of its governing bodies, the powers and duties of such officers, committees and governing bodies, the method of selecting nominees for such offices, and the means and manner of filling vacancies in such offices, committees and governing bodies and on the party ballot. Such rules and regulations must be filed with the secretary of state within 30 days after the organization of the party and at least 60 days before the general election, if the party desires to have the names of its candidates placed on the ballot for national, state or district officers. 1960 Op. Att'y Gen. No. 60-113 (opinion rendered under former law).
Political party must hold convention for purpose of nominating candidates
for such offices. 1960 Op. Att'y Gen. No. 60-113 (opinion rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections § 198 et seq.
29 C.J.S. Elections § 84.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 7 - Political Parties › Section 1-7-3 - Rules and regulations; contents.

The secretary of state and the county clerk shall not accept the rules and regulations of any political party for filing unless such rules and regulations provide:
A. a method for nominating candidates for the general election;
B. a method for calling and conducting conventions;
C. a method for selection of delegates to conventions;
D. a method for selection of state central committee members, a state chairman and other party officers, and all other members of governing bodies of the party;
E. a method for filling vacancies in party offices, committees and other governing bodies;
F. the powers and duties of party officers, committees and other governing bodies;
G. for the structure of the state and county party organizations;
H. that meetings to elect any party officers, including delegates, shall be held at a public place during the week specified by the state party chairman;
I. that notice of such meetings shall be published by the officers of the county party organization in a newspaper of general circulation at least fourteen days prior to the meeting and the notice shall specify the time, date and place for holding the meeting; and
J. a method for amending the party rules and regulations.
History:
1953 Comp., § 3-7-3, enacted by Laws 1969, ch. 240, § 146.
ANNOTATIONS
County chairman and precinct chairman not automatically delegates.
— Nowhere in the New Mexico statutes is it provided that county chairmen and precinct chairmen automatically become delegates by virtue of their positions. In order to be delegates they must be elected in the same manner that other delegates are elected. 1966 Op. Att'y Gen. No. 66-17.
Party to file with secretary of state to place candidates on ballots for national, etc., offices.
— When a party wishes to place candidates on the ballots for national, state, district and legislative offices from multiple county districts, such party must comply with this section by filing its rules and regulations with the secretary of state. 1956 Op. Att'y Gen. No. 56-6559.
Party must file with county clerk for county offices.
— If a party is interested in having candidates on the ballot for county offices, such party must comply with this section by filing its rules and regulations with the county clerk. 1956 Op. Att'y Gen. No. 56-6559.
Rules need not be filed with county clerk for election of district attorney.
— The secretary of state is not concerned with the question of whether there have been party rules and regulations filed with county clerks with reference to the nomination or election to the office of the district attorney. The office of district attorney is a state office. 1956 Op. Att'y Gen. No. 56-6559.
Nominations for congress must follow rules and regulations.
— It is clear that nominations to fill vacancies in United States congress are to be made in accordance with the rules and regulations of the respective parties. 1956 Op. Att'y Gen. No. 56-6540.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 7 - Political Parties › Section 1-7-4 - Rules and regulations; filing; fee.

A. Each political party shall file its rules and regulations, along with petitions containing the required number of signatures, if the signature provision is applicable to the party, within thirty days after its organization and no later than twenty-three days after the primary election before any general election in which it is authorized to participate.
B. Within seven days after the filing of the political party's rules and qualifying petitions, the secretary of state shall notify the political party whether the rules and qualifying petitions are in proper order and that the party has qualified. The secretary of state shall notify all county clerks in the state of the qualification of that political party and post notice of qualification on the secretary of state's web site.
C. Political parties filing rules and regulations with the county clerk shall pay the standard filing fee.
History:
1953 Comp., § 3-7-4, enacted by Laws 1969, ch. 240, § 147; 1977, ch. 222, § 17; 1983, ch. 232, § 8; 1995, ch. 124, § 9; 2014, ch. 40, § 1; 2014, ch. 81, § 1.
ANNOTATIONS
The 2014 amendment,
effective March 12, 2014, provided for the filing of a qualifying petition and notice of qualification as a party; provided for standardized filing dates; in Subsection A, after "rules and regulations", added "along with petitions containing the required number signatures, if the signature provision is applicable to the party", after "no later than" deleted "the first Tuesday in April" and added "twenty-three days after the primary election", and after "before any", added "general"; and added Subsection B.
Laws 2014, ch. 40, § 1, effective March 7, 2014, and Laws 2014, ch. 81, § 1, effective March 12, 2014, enacted identical amendments to this section. The section was set out as amended by Laws 2014, ch. 81, § 1.
See
12-1-8 NMSA 1978.
The 1995 amendment,
effective January 1, 1996, substituted "first Tuesday in April" for "second Tuesday in July" in Subsection A.
Party must file with secretary of state for national, etc., offices.
— When a party wishes to place candidates on the ballots for national, state, district and legislative offices from multiple county districts, such party must comply with this section by filing its rules and regulations with the secretary of state. 1956 Op. Att'y Gen. No. 56-6559 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 7 - Political Parties › Section 1-7-5 - Rules and regulations; amendment.

Political party rules and regulations filed as required by the Election Code [Chapter 1 NMSA 1978] are subject to amendment only in the manner provided for in such rules and regulations. No amendments shall be made less than one hundred twenty days prior to any general election, nor shall any amendment be effective until thirty days after being filed. Amendments shall be filed in the same manner as original party rules and regulations are filed.
History:
1953 Comp., § 3-7-5, enacted by Laws 1969, ch. 240, § 148; 1975, ch. 255, § 98.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 7 - Political Parties › Section 1-7-6 - Party name and emblem.

A. The chairman of the state central committee of a qualified political party shall file with the secretary of state a certificate setting forth the name selected for the political party and showing a representation of the emblem by which the party is to be represented.
B. The certified party name and emblem shall thereafter be used to designate the ticket of that political party on all ballots.
C. The secretary of state shall certify the party name and emblem of the party to each county clerk.
D. The state convention of a political party may change the party name and party emblem by adopting in their stead another name and emblem. The new party name and party emblem shall be filed in the same manner as was the original party name and party emblem, provided the certificate shall be signed by the presiding officer and the secretary of the state convention adopting the new party name and party emblem.
E. No political party shall adopt any party name or party emblem which is the same as, similar to, or which conceivably can be confused with or mistaken for the party name or party emblem of any other qualified political party in New Mexico.
History:
1953 Comp., § 3-7-6, enacted by Laws 1969, ch. 240, § 149.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-3.1 - Nominating petition for candidate of an unqualified state political party; qualification as an independent candidate.

The declaration of candidacy and petition signatures submitted to the proper filing officer by a candidate for nomination as a minor party candidate shall be counted toward the requirements for qualification as an independent candidate for the same office in the same election if the candidate's party files for, but does not obtain status as, a qualified political party in that election cycle. To qualify as an independent candidate, the candidate must meet all requirements for an independent candidate in Section 1-8-45 NMSA 1978 and submit the required number of petition signatures for an independent candidate as prescribed in Section 1-8-51 NMSA 1978. No candidate may circulate petitions for candidacy for more than one political party in an election cycle.
History:
Laws 2014, ch. 40, § 6 and Laws 2014, ch. 81, § 6.
ANNOTATIONS
Duplicate laws.
— Laws 2014, ch. 40, § 6, effective March 7, 2014, and Laws 2014, ch. 81, § 6, effective March 12, 2014, enacted identical new sections. The section was set out as enacted by Laws 2014, ch. 81, § 6.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-5 - Canvassing boards; certification of nominees of parties participating in primary.

Immediately upon completion of their respective canvasses, the state and county canvassing boards shall certify to the county clerk the name of each person who has been nominated by each participating political party in the primary election, and the offices for which they have been nominated. The county clerk shall send a certified list of all persons so nominated to the secretary of state.
History:
1953 Comp., § 3-8-5, enacted by Laws 1969, ch. 240, § 155.
ANNOTATIONS
Since it was not possible to determine for whom unregistered persons had voted,
state canvassing board acted correctly in taking position that it could not throw out all the votes of six precincts, disenfranchising a large number of voters, when doing so could not change result of contested race.
Reese v. Dempsey
, 1944-NMSC-057, 48 N.M. 485, 153 P.2d 127 (decided under former law).
Certificate of election furnishes prima facie right to office only,
and in a canvass of returns, no one is foreclosed thereby if any other statutory remedy, including recount or contest, remain available.
Reese v. Dempsey
, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157.
Certificate of tally may be used in recount where ballots destroyed.
— Since ballots cast at election were not available for use during recount because they had been destroyed by election officials, the authentic certificate of tally of votes might be considered in absence of fraud on part of officials.
Walker v. Mechem
, 1952-NMSC-072, 56 N.M. 529, 246 P.2d 201.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-6 - Vacancy on primary ballot.

Regardless of the cause, no vacancy on the primary election ballot occurring after the period for filing a declaration of candidacy or the date of filing with the secretary of state a certificate of designation by state convention, whichever the case may be, shall be filled.
History:
1953 Comp., § 3-8-6, enacted by Laws 1969, ch. 240, § 156; 1975, ch. 295, § 1.
ANNOTATIONS
Cross references.
— For declaration of candidacy, time for filing,
see
1-8-26 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Construction and application of statutes relating to filling vacancies in nominations for election to public office, 143 A.L.R. 996.
Party affiliations or change thereof as affecting eligibility to nomination for public office, application of statutes as to, to filling vacancies, 153 A.L.R. 641.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-9 - Repealed.

History:
1953 Comp., § 3-8-8.1, enacted by Laws 1975, ch. 255, § 104; 2007, ch. 274, § 1; 2011, ch. 137, § 52; 2017, ch. 101, § 9; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-8-9 NMSA 1978, as enacted by Laws 1975, ch. 255, § 104, relating to general election, withdrawal of candidates, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-10 - Repealed.

History:
1953 Comp., § 3-8-9, enacted by Laws 1969, ch. 240, § 159; repealed by Laws 2019, ch. 212, 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-8-10 NMSA 1978, as enacted by Laws 1969, ch. 240, § 159, relating to Primary Election Law, short title, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-10.1 - Short title.

Sections 1-8-10.1 through 1-8-52 NMSA 1978 may be cited as the "Primary Election Law".
History:
1978 Comp., § 1-8-10.1, enacted by Laws 2023, ch. 39, § 45.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-11 - Primary Election Law; time of holding primary.

A primary election shall be held in each county in this state on the first Tuesday after the first Monday in June of each even-numbered year.
History:
1953 Comp., § 3-8-10, enacted by Laws 1969, ch. 240, § 160; 2011, ch. 137, § 53.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, required a primary election to be held on the first Tuesday after the first Monday in June in even-numbered years.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 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.
Scheduling election on religious holiday as violation of federal constitutional rights, 44 A.L.R. Fed. 886.
29 C.J.S. Elections § 117.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-12 - Primary Election Law; proclamation calling primary and general elections.

A. The secretary of state shall issue a public proclamation calling a general election to be held in each county and precinct of the state on the date prescribed by Article 20, Section 6 of the constitution of New Mexico.
B. The general election proclamation shall also call a primary election for the nomination of general election candidates by each major political party to be held in each county and precinct of the state on the date prescribed by the Primary Election Law.
C. The proclamation shall be filed by the secretary of state in the office of the secretary of state on the last Monday in January of each even-numbered year.
History:
1953 Comp., § 3-8-11, enacted by Laws 1969, ch. 240, § 161; 1975, ch. 295, § 3; 1983, ch. 232, § 9; 2019, ch. 212, § 90.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, provided that the secretary of state issue the proclamation calling a general election, and provided for the calling of a primary election; in the section heading, added "calling primary and general elections"; in Subsection A, deleted "governor" and added "secretary of state", after "public proclamation calling", added "a general election to be held in each county and precinct of the state on the date prescribed by Article 20, Section 6 of the constitution of New Mexico."; in Subsection B, added "The general election proclamation shall also call", after "primary election", added "for the nomination of general election candidates by each major political party"; and in Subsection C, after "filed", deleted "with" and added "by", and added "in the office of the secretary of state".
Cross references.
— For date prescribed for holding primary election,
see
1-8-11 NMSA 1978.
Proclamation must include district boundaries and terms of office for county commissioner.
— When the proclamation required under this section lists the "office" of county commissioner, it must also specifically describe the boundaries of the districts which make up this office, and set forth the terms of office pertinent to the office of county commissioner, specifying the term which applies to each district.
State ex rel. Robinson v. King
, 1974-NMSC-028, 86 N.M. 231, 522 P.2d 83.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 29 C.J.S. Elections § 117.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-14 - Primary Election Law; proclamation; duties of secretary of state.

Upon the proclamation being filed, the secretary of state shall immediately:
A. publish the proclamation for five consecutive days in at least four daily newspapers of general circulation in the state;
B. post the proclamation and any amended proclamation on the secretary of state's web site; and
C. send an authenticated copy of the proclamation or any amended proclamation to each county clerk along with a copy of the text in an editable electronic format.
History:
1953 Comp., § 3-8-13, enacted by Laws 1969, ch. 240, § 163; 2015, ch. 145, § 52.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, required the secretary of state to post the proclamation, calling a primary election to be held, and any amended proclamation on the secretary of state's website and to send to each county clerk a copy of the proclamation or any amended proclamation along with a copy of the test in an editable electronic format; in Subsection A, after "state", deleted "and"; added a new Subsection B and redesignated former Subsection B as Subsection C; and in Subsection C, after "send", deleted "by certified mail", after "copy of the proclamation", added "or any amended proclamation", and after "each county clerk", added "along with a copy of the text in an editable electronic format".
Publication costs.
— The secretary of state should pay for the publications made from that office. 1943 Op. Att'y Gen. No. 43-4334 (opinion rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability of public officers for breach of duty in respect of election or primary election laws, 153 A.L.R. 109.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-15 - Primary Election Law; proclamation; duties of county clerk.

Upon receipt of the authenticated copy of the proclamation, the county clerk shall immediately specify the offices for which each major political party may nominate candidates and have the itemized proclamation published once each week for two consecutive weeks. If there is no newspaper of general circulation in the county, the proclamation shall be printed and posted in six public places in the county. Such publication and posting shall be in Spanish and in English.
History:
1953 Comp., § 3-8-14, enacted by Laws 1969, ch. 240, § 164; 1975, ch. 255, § 105; 1981, ch. 147, § 3.
ANNOTATIONS
Cross references.
— For publication of proclamation by secretary of state,
see
1-8-14 NMSA 1978.
For amendment of proclamation,
see
1-8-16 NMSA 1978.
Publication costs.
— The county clerk's publication costs should be paid for from the county fund provided therefor. 1943 Op. Att'y Gen. No. 43-4344 (opinion rendered under former law).