2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-1 - Secretary of state; chief election officer; rules.

A. The secretary of state is the chief election officer of the state.
B. The secretary of state shall:
(1) obtain and maintain uniformity in the application, operation and interpretation of the Election Code; and
(2) subject to the State Rules Act [Chapter 14, Article 4 NMSA 1978], make rules pursuant to the provisions of, and necessary to carry out the purposes of, the Election Code and shall furnish to the county clerks copies of such rules; provided that no rule is adopted or amended within the sixty-three days before a primary or a general election.
C. No forms or procedures shall be used in any election held pursuant to the Election Code without prior approval of the secretary of state. If a form is authorized or required by the Election Code and issued or approved by the secretary of state, only the form issued or approved by the secretary may be used.
History:
1953 Comp., § 3-2-1, enacted by Laws 1969, ch. 240, § 22; 1971, ch. 317, § 1; 1975, ch. 255, § 7; 1979, ch. 74, § 2; 2011, ch. 137, § 12; 2015, ch. 145, § 7; 2017, ch. 101, § 1; 2023, ch. 39, § 9.
ANNOTATIONS
Cross references.
— For violation of Election Code by officers,
see
1-20-23 NMSA 1978.
For legislature prescribing time, manner and place of voting,
see
N.M. Const., art. VII, § 1.
For bureau of elections created in secretary of state's office,
see
8-4-5 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, provided that if a form is authorized or required by the Election Code and issued or approved by the secretary of state, only the form issued or approved by the secretary may be used; in Subsection C, added the last sentence of the subsection.
The 2017 amendment,
effective June 16, 2017, changed the deadline for election code rule changes; in Subsection B, Paragraph B(2), after "amended within the", deleted "fifty-six" and added "sixty-three".
The 2015 amendment,
effective July 1, 2015, removed the power of the secretary of state to bring such actions as deemed necessary, through the attorney general or district attorney having jurisdiction, for the enforcement of the provisions of the Election Code; in the catchline, after "rules", deleted "enforcement powers"; in Subsection A, after "officer of the state", deleted "and" and designated the remainder of the subsection as Subsection B, and redesignated the succeeding subsection accordingly; in Subsection B, added "The secretary of state"; in Paragraph (1) of Subsection B, after "Election Code;" added "and"; and deleted Paragraph (3) of Subsection B.
The 2011 amendment,
effective July 1, 2011, prohibited rules from being adopted or amended within the fifty-six days before a primary or general election.
No power to change mandatory provisions.
— The secretary of state does not have the power to change mandatory provisions of the Election Code.
Weldon v. Sanders
, 1982-NMSC-136, 99 N.M. 160, 655 P.2d 1004.
Form of nominating petitions.
— Where petitioner sought preprimary designation as a candidate for the office of United States representative from New Mexico's third congressional district at the 2020 republican party pre-primary convention, and where petitioner filed forty-nine nominating petitions containing over 700 signatures, along with her declaration of candidacy, and where the secretary of state invalidated the signatures on forty-four of petitioner's nominating petitions because those petitions omitted the heading "2020 Primary Nominating Petition", which the secretary of state deemed to be critical information required by law, the secretary of state's refusal to accept any nominating petition that did not have the heading at issue was improper because the substance of the invalidated nominating petitions conformed with the form prescribed by § 1-8-30 NMSA 1978 and therefore met the requirements of the Election Code.
Morper v. Toulouse Oliver
, 2020-NMSC-012.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections § 89 et seq.
Arrest, immunity of election officers from criminal arrest, 1 A.L.R. 1160.
Effect of irregularity in performance of duties of election officials where all electors are given opportunity to express themselves freely, 133 A.L.R. 279.
Liability of public officers for breach of duty in respect of election or primary election laws, 153 A.L.R. 109.
29 C.J.S. Elections §§ 66 to 82.