2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-13 - Primary and general election; contents of proclamation.

The general election proclamation calling a primary and general election shall contain:
A. the names of the major political parties participating in the primary election;
B. the offices to be elected at the general election and for which each political party shall nominate candidates; provided that if any law is enacted by the legislature in the year in which the primary election is held and the law does not take effect until after the date to amend the proclamation but prior to the date to fill vacancies pursuant to Section 1-8-7 or 1-8-8 NMSA 1978, the secretary of state shall conform the proclamation to the intent of the law with respect to the offices for which each political party shall nominate candidates;
C. the date on which declarations of candidacy and nominating petitions for United States representative, any office voted upon by all the voters of the state, a legislative office, the office of district judge, district attorney, public education commission or magistrate shall be filed and the places where they shall be filed in order to have the candidates' names printed on the official ballot of their party at the primary election or in order to have the candidates' names printed on the official ballot at the general election, as applicable;
D. the date on and place at which declarations of candidacy shall be filed for any other office and filing fees paid or, in lieu thereof, a nominating petition;
E. the final date on and place at which candidates for the office of United States representative and for any statewide office seeking preprimary convention designation by the major parties shall file petitions and declarations of candidacy;
F. the final date on which the major political parties shall hold state preprimary conventions for the designation of candidates;
G. the final date on and place at which certificates of designation of primary election candidates shall be filed by political parties with the secretary of state;
H. the date on which declarations of candidacy for minor party candidates shall be filed and the places where the declarations of candidacy shall be filed in order to have the minor party candidate names printed on the official ballot of the general election;
I. the date on which declarations of candidacy for unaffiliated candidates shall be filed and the places where the declarations of candidacy shall be filed in order to have the unaffiliated candidate names printed on the official ballot of the general election;
J. the date on which declarations of candidacy for nonpartisan judicial retention shall be filed and the places where the declarations of candidacy shall be filed in order to have the judicial retention names printed on the official ballot of the general election; and
K. the date on which declarations to be a write-in candidate are to be filed and the places where the declarations of candidacy shall be filed in order to have write-in votes counted and canvassed at the political party primary or general election.
History:
1953 Comp., § 3-8-12, enacted by Laws 1969, ch. 240, § 162; 1975, ch. 295, § 4; 1982, ch. 1, § 1; 1985, ch. 2, § 1; 1993, ch. 55, § 1; 1994, ch. 92, § 1; 1995, ch. 124, § 12; 1998, ch. 36, § 3; 1999, ch. 267, § 25; 2019, ch. 212, § 91; 2020, ch. 9, § 4; 2023, ch. 39, § 46.
ANNOTATIONS
Cross references.
— For appeals of nominating petitions,
see
Rule 12-603 NMRA.
The 2023 amendment,
effective June 16, 2023, removed a provision allowing candidates to file a pauper's statement of inability to pay in lieu of paying filing fees, but allowed candidates to instead file a nominating petition; in the section heading, deleted "election law" and added "and general election"; and in Subsection D, after "in lieu thereof, a" deleted "pauper's statement of inability to pay" and added "nominating petition".
The 2020 amendment,
effective January 1, 2023, removed the public regulation commission from the secretary of state's election proclamation; and in Subsection C, after "public education commission", deleted "public regulation commission".
Laws 2020, ch. 9, § 4 amended 1-8-13 NMSA 1978, effective January 1, 2023, contingent upon the adoption of Laws 2019, SJC/SRC/SJR Nos. 1 and 4, Constitutional Amendment 1, at the general election held on November 3, 2020. Constitutional Amendment 1 was adopted by a vote of 445,655 for and 355,471 against.
The 2019 amendment,
effective April 3, 2019, revised provisions relating to primary elections; in the introductory clause, after "The", added "general election", and after "primary", added "and general"; in Subsection B, after "the offices", added "to be elected at the general election and", after "after the date", deleted "of" and added "to amend", after "prior to the date", deleted "of the primary election" and added "to fill vacancies pursuant to Section 1-8-7 or 1-8-8 NMSA 1978", after the next occurrence of "the", deleted "proclamation" and added "secretary of state" and after "conform", added "the proclamation"; in Subsection C, replaced "state board of education" with "public education commission", and after "party at the primary election", added "or in order to have the candidates' names printed on the official ballot at the general election, as applicable"; after Subsection G, deleted "As used in the Primary Election Law, 'statewide office' means any office voted on by all the voters of the state."; and added Subsections H through K.
The 1999 amendment,
effective June 18, 1999, deleted former Subsections E and F, relating to the date on and place at which declarations of intent to be a write-in candidate for a statewide office, office of the United States representative, or any other office, shall be filed, and redesignated subsequent subsections accordingly.
The 1998 amendment,
effective March 6, 1998, substituted "the" for "such" twice in Subsection B and inserted "public regulation commission" in Subsection C.
The 1995 amendment,
effective January 1, 1996, inserted "calling a primary election" in the introductory phrase, deleted "or declarations of candidacy" preceding "and nominating petitions" in Subsection C, and inserted "petitions and" preceding "declarations" in Subsection G.
The 1994 amendment,
effective January 1, 1996, substituted "or declarations of candidacy and nominating petitions" for "and nominating petitions" in Subsection C, and deleted "petitions and" following "parties shall file" in Subsection G.
The 1993 amendment,
effective November 15, 1993, substituted "shall" for "must" in Subsection D, and added Subsections G through I and the last sentence.
Effect on general election of no listing of offices.
— Not being listed on the proclamation does not preclude the office for which parties are to nominate candidates from appearing on the general election ballot. 1978 Op. Att'y Gen. No. 78-05.