reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-16 - Primary and general elections; proclamation; amendment.

The secretary of state may amend the proclamation between the time of its issuance and the first Tuesday in March to include a newly created public office that is capable by law of being filled at the next succeeding general election, or any existing office becoming vacant by removal, resignation or death when such vacancy occurs no later than the last Friday before the first Tuesday in March, or to provide for any corrections or omissions.
History:
1953 Comp., § 3-8-15, enacted by Laws 1969, ch. 240, § 165; 1975, ch. 295, § 5; 2011, ch. 137, § 54; 2015, ch. 145, § 53; 2023, ch. 39, § 47.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, authorized the secretary of state to amend the proclamation between the time of its issuance and the first Tuesday in March for certain offices that are capable of being filled in the next succeeding general election when such vacancy occurs no later than the last Friday before the first Tuesday in March, or to provide for any corrections or omissions, removing this authority from the governor; in the section heading, deleted "election law" and added "and general elections"; and after "The", deleted "governor" and added "secretary of state".
The 2015 amendment,
effective July 1, 2015, provided that the governor may amend the proclamation between the time of its issuance and the first Tuesday in March when an existing office becomes vacant by removal, resignation or death when such vacancy occurs no later than the last Friday before the first Tuesday in March; and after "resignation or death", added "when such vacancy occurs no later than the last Friday before the first Tuesday in March".
When permissive language of section construed as mandatory.
— When governor's proclamation omitted certain descriptions which would have a profound effect on voter notice and knowledgeability, the permissive language of this section was construed as being mandatory, and therefore, the governor was directed to amend proclamation to include the specific boundaries of the districts which make up the office and terms of each office relative to its district.
State ex rel. Robinson v. King
, 1974-NMSC-028, 86 N.M. 231, 522 P.2d 83.
Mandamus properly granted.
— Since the governor's duty under the Primary Election Law to issue a proclamation is mandatory, mandamus is properly granted to compel the governor to specify in his proclamation the boundaries of the district making up the office of county commissioner and terms of that office.
State ex rel. Robinson v. King
, 1974-NMSC-028, 86 N.M. 231, 522 P.2d 83.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-17 - Primary Election Law; offices affected; questions prohibited.

A. The Primary Election Law [1-8-10 to 1-8-52 NMSA 1978] applies to major political party nominations for all offices that are to be filled at the general election with the exception of presidential electors.
B. The Primary Election Law does not apply to the election of persons to fill municipal, school district or special district offices, nor does it apply to special elections to fill vacancies in any office filled at the general election. No bond issue or other question shall be voted upon at any primary election.
History:
1953 Comp., § 3-8-16, enacted by Laws 1969, ch. 240, § 166; 1977, ch. 222, § 19.
ANNOTATIONS
Cross references.
— For presidential electors not to be nominated at primary,
see
1-15-2 NMSA 1978.
Candidate for member of state education board not nominated by primary convention.
— Under former law, since the manifest object of the classifications of the primary election statutes was to require candidates for office, elected from a judicial district only, as contrasted to those elected from the state at large, to follow the provisions of 3-11-16, 1953 Comp., rather than to have to be nominated by a statewide primary convention, a candidate for the office of member of the state board of education was not nominated by the primary nominating convention. 1964 Op. Att'y Gen. No. 64-10.
Party may follow own rules for school board nominations.
— A political party may nominate whomever it chooses for school board elections under such rules and regulations as it may adopt. 1943 Op. Att'y Gen. No. 43-4222 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-19 - Candidacy in primary of one party bars general election ballot designation of different party or as an unaffiliated candidate.

If a person has been a candidate for the nomination of a major political party in the primary election, he shall not have his name printed on the ballot at the next succeeding general election except under the party name of the party designated on his declaration of candidacy filed for such primary election.
History:
1953 Comp., § 3-8-17.1, enacted by Laws 1975, ch. 255, § 106; 1981, ch. 147, § 5.
ANNOTATIONS
Cross references.
— For independent candidates,
see
1-8-45 to 1-8-52 NMSA 1978.
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).
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).
Running as independent in succeeding election not prevented.
— This section and 1-10-7 NMSA 1978 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).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-20 - Primary Election Law; candidacy for more than one office.

No person shall be a candidate in the primary election for more than one office, except that any person may be a candidate for both the expiring term and the next succeeding term for an office when both terms are to be voted upon at the next succeeding general election.
History:
1953 Comp., § 3-8-18, enacted by Laws 1969, ch. 240, § 168.
ANNOTATIONS
Cross references.
— For candidates for expiring and next succeeding congressional term,
see
1-15-19 to 1-15-23 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— More than one office in the same election, right to such nomination, or to become candidate, for, 94 A.L.R.2d 557.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-21.1 - Designation of candidates by convention.

A. State conventions of major political parties may designate candidates for nomination to statewide office or the office of United States representative.
B. No state convention for designating candidates shall be held later than the second Sunday in March preceding the primary election, and delegates to the convention shall be elected according to state party rules filed in the office of the secretary of state.
C. The state convention shall take only one ballot upon candidates for each office to be filled. Every candidate receiving twenty percent or more of the votes of the duly elected delegates to the convention for the office to be voted upon at the ensuing primary election shall be certified to the secretary of state as a convention-designated nominee for that office by the political party. Certification shall take place no later than 5:00 p.m. on the first Tuesday succeeding the state convention.
D. The certificate of designation submitted to the secretary of state shall state the name of the office for which each person is a candidate, each candidate's name and address and the name of the political party that each candidate represents and certification that the candidate has been a member of that political party for the period of time required by the Election Code.
History:
Laws 1993, ch. 55, § 11; 2013, ch. 121, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed the time for filing declarations of candidacy and nominating petition signatures to allow time for judicial resolution of nominating petition and other candidacy challenges; and in Subsection B, after "shall be held later than the", deleted "third" and added "second".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-22 to 1-8-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 2, § 13 repealed 1-8-22 to 1-8-24 NMSA 1978, as enacted by Laws 1975, ch. 295, §§ 8 to 10, relating to candidates for statewide office and United States representatives, requirements for being placed on ballot, and statement of candidacy for convention designation, effective June 14, 1985.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-25 - Repealed.

History:
1953 Comp., § 3-8-20, enacted by Laws 1969, ch. 240, § 170; 1975, ch. 295, § 11; 1985, ch. 2, § 3; 1998, ch. 36, § 4; 2011, ch. 137, § 55; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-8-25 NMSA 1978, as enacted by Laws 1969, ch. 240, § 170, relating to proper filing officer, declaration of candidacy, nominating petitions, withdrawal of candidacy, 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 1-8-27 - Primary Election Law; declaration of candidacy; manner of filing.

Each declaration of candidacy, by nominating petition or by pre-primary convention designation, shall be delivered for filing in person by the candidate therein named or by a person acting, by virtue of written authorization, solely on the candidate's behalf. The proper filing officer shall not accept for filing more than one declaration of candidacy from any one individual except that candidates who seek but fail to receive pre-primary convention designation shall file a declaration of candidacy by nomination, according to provisions of the Primary Election Law [1-8-10 to 1-8-52 NMSA 1978], to have their names placed on the primary election ballot.
History:
1953 Comp., § 3-8-22, enacted by Laws 1969, ch. 240, § 172; 1975, ch. 295, § 13; 1985, ch. 2, § 5; 1993, ch. 55, § 4.
ANNOTATIONS
The 1993 amendment,
effective November 15, 1993, inserted "by nominating petition or by pre-primary convention designation" in the first sentence and added the language beginning "except that candidates" at the end of the second sentence.
Simultaneous declarations prohibited.
— A district judge may not file a declaration of candidacy for retention of office and, at the same time, file a declaration of candidacy in a primary election for a statewide judicial office. 1990 Op. Att'y Gen. No. 90-04.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-28 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 2, § 13 repealed 1-8-28 NMSA 1978, as amended by Laws 1975, ch. 295, § 14, relating to statements of candidacy for convention designation for candidates for the same office having different terms, effective June 14, 1985.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-31 - Recompiled.

History:
1953 Comp., § 3-8-24.2, enacted by Laws 1973, ch. 228, § 5; 1975, ch. 255, § 109; 1975, ch. 295, § 16; 1979, ch. 378, § 7; 1985, ch. 207, § 8; 1993, ch. 314, § 47; 1993, ch. 316, § 47; 1999, ch. 267, § 27; 2011, ch. 137, § 58; 2017, ch. 101, § 10; 1978 Comp., §1-8-31, recompiled and amended as § 1-1-7.2 by Laws 2019, ch. 212, § 9.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 9 recompiled and amended former 1-8-31 NMSA 1978 as 1-1-7.2 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-32 - Primary Election Law; nominating petition; offenses; penalty.

A. Any person who knowingly falsifies any information on a nominating petition is guilty of falsifying an election document.
B. It is unlawful for any person to knowingly circulate, present or offer to present for the signature of another person a nominating petition that does not clearly show on the face of the petition the name of the candidate, the address at which the candidate resides, the candidate's county of residence and the office for which the candidate seeks nomination. Any person violating the provisions of this subsection is guilty of a misdemeanor and upon conviction therefor shall be imprisoned in the county jail for a definite term less than one year or to the payment of a fine of not more than one thousand dollars ($1,000), or to both such imprisonment and fine in the discretion of the judge.
History:
1953 Comp., § 3-8-24.3, enacted by Laws 1973, ch. 228, § 6; 1979, ch. 378, § 8.
ANNOTATIONS
Cross references.
— For offenses and penalties,
see
1-20-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-34 - Primary Election Law; nominating petition; withdrawals and additions; copies made available.

A. A nominating petition when filed shall not be withdrawn nor added to, nor shall any person be permitted to revoke his signature thereon. A nominating petition shall be complete when filed. The proper filing officer shall not permit additions to or withdrawals from a nominating petition after it is filed nor shall any person be permitted to revoke his signature on a petition after it has been filed.
B. The original nominating petition shall remain in the filing officer's office and copies shall be made available by the filing officer for a nominal cost.
History:
1953 Comp., § 3-8-24.5, enacted by Laws 1973, ch. 228, § 8; 1975, ch. 255, § 111; 1985, ch. 207, § 9.
ANNOTATIONS
Inclusion of signatures filed for convention designation not prohibited.
— This section should not be construed to prohibit the inclusion of the signatures originally filed by the candidate for convention designation in the total necessary to appear on the ballot using the alternate method. 1975 Op. Att'y Gen. No. 75-61.
Withdrawals must be 30 days before primary.
— Section 3-11-54.1, 1953 Comp., governed withdrawals from primary elections by virtue of 3-11-20, 1953 Comp., and provided that such withdrawals must be at least 30 days prior to the primary election. 1964 Op. Att'y Gen. No. 64-28 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-36 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 156, § 3, repealed 1-8-36 NMSA 1978, relating to write-in candidates on primary election ballots. For present provisions,
see
1-8-36.1 NMSA 1978, effective June 19, 1981.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-37 to 1-8-39 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 2, § 13 repealed 1-8-37 to 1-8-39 NMSA 1978, as amended by Laws 1983, ch. 232, §§ 11 to 13, relating to the duties of the secretary of state with regard to statements of candidacy for convention designation, the designation of candidates by convention, and the alternative method of placing name on primary election ballot, respectively, effective June 14, 1985.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-39.1 - Declaration of pre-primary designation; certification by secretary of state.

A. Not later than six days after the dates for filing declarations of candidacy by pre-primary convention designation, the secretary of state shall certify to the chairman of each state political party the names of that party's candidates for office of United States representative or for other statewide office who have filed their declarations of candidacy by convention designation and have otherwise complied with the requirements of the Primary Election Law [1-8-10 to 1-8-52 NMSA 1978].
B. No person shall be placed in nomination at the convention unless he has been certified by the secretary of state.
History:
Laws 1993, ch. 55, § 10.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-40 - Primary Election Law; declaration of candidacy; false statement.

Any person knowingly making a false statement in his declaration of candidacy by nominating petition or by pre-primary convention designation is guilty of a fourth degree felony.
History:
1953 Comp., § 3-8-25, enacted by Laws 1969, ch. 240, § 175; 1975, ch. 295, § 23; 1985, ch. 2, § 8; 1993, ch. 55, § 9.
ANNOTATIONS
Cross references.
— For offenses and penalties,
see
1-20-1 NMSA 1978 et seq.
For sentencing for a fourth degree felony,
see
31-18-15 NMSA 1978.
The 1993 amendment,
effective November 15, 1993, inserted "by nominating petition or by pre-primary convention designation".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-41 - Repealed.

History:
1953 Comp., § 3-8-26, enacted by Laws 1973, ch. 228, § 11; 1974, ch. 25, § 1; 1977, ch. 222, § 22; 2011, ch. 137, § 60; 1978 Comp., § 1-8-41, repealed by Laws 2023, ch. 39, § 99.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 39, § 99 repealed 1-8-41 NMSA 1978, as enacted by Laws 1973, ch. 228, § 11, relating to Primary Election Law, filing fee, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-42 - Primary Election Law; pauper's statement in lieu of filing fee.

In the event any candidate is unable to pay the filing fee prescribed by the Primary Election Law [1-8-10 to 1-8-52 NMSA 1978] he may file a statement with the proper filing officer at the time he files his declaration of candidacy to the effect that he is without financial means to pay such filing fee. The statement shall be sworn and subscribed to on the form prescribed by the secretary of state and furnished to each county clerk and shall be attached by the proper filing officer to the declaration of candidacy.
History:
1953 Comp., § 3-8-26.1, enacted by Laws 1973, ch. 228, § 12.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-43 - Repealed.

History:
1953 Comp., § 3-8-30, enacted by Laws 1969, ch. 240, § 180; 1975, ch. 295, § 24; 1985, ch. 2, § 9; 1988, ch. 17, § 4; 1994, ch. 3, § 1; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-8-43 NMSA 1978, as enacted by Laws 1969, ch. 240, § 180, relating to Primary Election Law, order of candidates on ballot, 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 1-8-44 - Primary Election Law; withdrawal of candidates.

A candidate seeking to withdraw from a primary election shall withdraw no later than the first Tuesday in April before that primary election by filing a signed and notarized statement of withdrawal with the proper filing officer.
History:
1953 Comp., § 3-8-32, enacted by Laws 1969, ch. 240, § 182; 1975, ch. 255, § 113; 1979, ch. 378, § 10; 1988, ch. 17, § 5; 1999, ch. 267, § 28; 2007, ch. 274, § 2; 2011, ch. 137, § 61.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, required that a withdrawal be filed with a proper filing officer rather than with the secretary of state.
The 2007 amendment,
effective June 15, 2007, required a candidate who wishes to withdraw from candidacy to file a signed and notarized statement of withdrawal with the secretary of state.
The 1999 amendment,
effective June 18, 1999, rewrote the section, which formerly read: "No candidate shall withdraw from a primary election unless he withdraws no later than the first Friday after the filing date."
Withdrawal before primary creates no vacancy.
— When the only candidate for a county office for a given political party participating in the primary withdraws prior to the primary, no vacancy exists. 1956 Op. Att'y Gen. No. 56-6419.
Section applies at any time after filing of any declaration.
Hence, the candidate would be required to file an affidavit of withdrawal on a separate sheet with the county clerk and then file a second declaration of candidacy. 1956 Op. Att'y Gen. No. 56-6407.
Withdrawal from first office necessary to file for second.
— A person who filed for an office and then without the benefit of a formal withdrawal changed his original declaration and filed for a second office is eligible to run for the first office filed for and not the second as no withdrawal has been accomplished. The moneys paid by that person cannot be refunded and must be treated as a filing fee despite the mistake which was made by the candidate. 1956 Op. Att'y Gen. No. 56-6407.
Procedure for withdrawal.
— A candidate may withdraw his candidacy before the official ballots are printed, a valid withdrawal being effected by notifying the officer with whom the declaration of candidacy was originally filed, before she issues her certificate. 1950 Op. Att'y Gen. No. 50-5294.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections §§ 213, 214.
Power of political party or its officials to withdraw nominations, 155 A.L.R. 186.
29 C.J.S. Elections § 95.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-46 - Independent candidates for general or United States representative special elections; right to be placed on ballot.

The name of any independent candidate for an office to be voted on at a general election or United States representative special election shall be placed by the proper filing officer on such ballot.
History:
1953 Comp., § 3-8-27.2, enacted by Laws 1977, ch. 322, § 2.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-47 - Independent candidates for general or United States representative special elections; withdrawal of name.

The provisions of the Election Code [Chapter 1 NMSA 1978] pertaining to the withdrawal of candidates from the general election shall apply to the withdrawal of independent candidates.
History:
1953 Comp., § 3-8-27.3, enacted by Laws 1977, ch. 322, § 3.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-52 - Independent candidates for general or United States representative special elections; nominating petitions; circulation; date of filing.

A. Declarations of independent candidacy and nominating petitions shall be filed with the proper filing officer between 9:00 a.m. and 5:00 p.m. on the twenty-third day following the primary election of each even-numbered year and between 9:00 a.m. and 5:00 p.m. on the fifty-sixth day preceding any United States representative special election.
B. Declarations of independent candidacy and nominating petitions for the office of president of the United States shall be filed with the proper filing officer between 9:00 a.m. and 5:00 p.m. on the twenty-third day following the primary election.
History:
1953 Comp., § 3-8-27.8, enacted by Laws 1977, ch. 322, § 8; 1981, ch. 147, § 8; 1989, ch. 392, § 19; 2005, ch. 270, § 55; 2011, ch. 137, § 65; 2014, ch. 40, § 8; 2014, ch. 81, § 8.
ANNOTATIONS
The 2014 amendment,
effective March 12, 2014, provided for a standardized filing date; in Subsection A, after the first instance of "5:00 p.m. on the", deleted "twenty-first" and added "twenty-third"; and in Subsection B, after "5:00 p.m. on the", deleted "twenty-first" and added "twenty-third".
Laws 2014, ch. 40, § 8, effective March 7, 2014, and Laws 2014, ch. 81, § 8, March 12, 2014, enacted identical amendments to this section. The section was set out as amended by Laws 2014, ch. 81, § 8.
See
12-1-8 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, required declarations to be filed on the twenty-first day following a primary election.
The 2005 amendment,
effective July 1, 2005, in Subsection A, changed the date for filing declarations of independent candidacy and nominating petitions from the second Tuesday of July to the day following the primary election; and in Subsection B, changed the date for filing declarations of independent candidacy and nominating petitions from the fifty-sixth day prior to the general election to the day following the primary election.
This section invidiously discriminates against independent presidential candidates,
as distinguished from partisan candidates.
Anderson v. Hooper
, 498 F. Supp. 905 (D.N.M. 1980)(decided prior to 1981 amendment).
For person to qualify as independent candidate for office other than president
in the general election, his affidavit of registration on file with the county clerk must show that since January 1, of that year (now, since the date of issuance of governor's proclamation for primary election), he has declined to designate a party affiliation. 1980 Op. Att'y Gen. No. 80-26.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-52.1 - Repealed.

History:
Laws 2007, ch. 25, § 1; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-8-52.1 NMSA 1978, as enacted by Laws 2007, ch. 25, § 1, relating to independent candidates for general elections and who may become a candidate for nomination, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-53 - Recompiled.

History:
1953 Comp., § 3-8-33, enacted by Laws 1977, ch. 230, § 1; 1978 Comp., § 1-8-53 recompiled as § 1-15A-1 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-8-53 NMSA 1978 as 1-15A-1 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-54 - Recompiled.

History:
1953 Comp., § 3-8-34, enacted by Laws 1977, ch. 230, § 2; 2003, ch. 300, § 2; 1978 Comp., § 1-8-54 recompiled as § 1-15A-2 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-8-54 NMSA 1978 as 1-15A-2 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-54.1 - Recompiled.

History:
Laws 2003, ch. 300, § 3; 1978 Comp., § 1-8-54.1 recompiled as § 1-15A-3 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-8-54.1 NMSA 1978 as 1-15A-3 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-55 - Recompiled.

History:
1953 Comp., § 3-8-35, enacted by Laws 1977, ch. 230, § 3; 1978 Comp., § 1-8-55 recompiled as § 1-15A-4 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-8-55 NMSA 1978 as 1-15A-4 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-56 - Recompiled.

History:
1953 Comp., § 3-8-36, enacted by Laws 1977, ch. 230, § 4; 1980, ch. 13, § 1; 1980, ch. 43, § 1; 1995, ch. 124, § 17; 1978 Comp., § 1-8-56 recompiled as § 1-15A-5 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-8-56 NMSA 1978 as 1-15A-5 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-57 - Recompiled.

History:
1953 Comp., § 3-8-37, enacted by Laws 1977, ch. 230, § 5; 1978 Comp., § 1-8-57 recompiled as § 1-15A-6 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-8-57 NMSA 1978 as 1-15A-6 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-58 - Recompiled.

History:
1953 Comp., § 3-8-38, enacted by Laws 1977, ch. 230, § 6; 1980, ch. 13, § 2; 1980, ch. 43, § 2; 1978 Comp., § 1-8-58 recompiled as § 1-15A-7 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-8-58 NMSA 1978 as 1-15A-7 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-59 - Recompiled.

History:
1953 Comp., § 3-8-39, enacted by Laws 1977, ch. 230, § 7; 1980, ch. 13, § 3; 1980, ch. 43, § 3; 1988, ch. 17, § 6; 1978 Comp., § 1-8-59 recompiled as § 1-15A-8 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-8-59 NMSA 1978 as 1-15A-8 NMSA 1978 effective July 1, 2011. Laws 2023, ch. 39, § 99 repealed 1-15A-8 NMSA 1978, effective June 16, 2023.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-60 - Recompiled.

History:
1953 Comp., § 3-8-40, enacted by Laws 1977, ch. 230, § 8; 1980, ch. 13, § 4; 1980, ch. 43, § 4; 1981, ch. 147, § 9; 1978 Comp., § 1-8-60 recompiled as § 1-15A-9 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-8-60 NMSA 1978 as 1-15A-9 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-61 - Recompiled.

History:
1953 Comp., § 3-8-41, enacted by Laws 1977, ch. 230, § 9; 1980, ch. 13, § 5; 1980, ch. 43, § 5; 2003, ch. 300, § 4; 1978 Comp., § 1-8-61 recompiled as § 1-15A-10 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-8-61 NMSA 1978 as 1-15A-10 NMSA 1978 effective July 1, 2011. Laws 2023, ch. 39, § 99 repealed 1-15A-10 NMSA 1978, effective June 16, 2023.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-62 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1980, ch. 13, § 6, and Laws 1980, ch. 43, § 6, repealed 1-8-62 NMSA 1978, relating to the certification of names of delegates to the credentials committees of national conventions by the secretary of state.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-63 - Recompiled.

History:
1953 Comp., § 3-8-43, enacted by Laws 1977, ch. 230, § 11; 1978 Comp., § 1-8-63 recompiled as § 1-15A-11 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-8-63 NMSA 1978 as 1-15A-11 NMSA 1978 effective July 1, 2011. Laws 2023, ch. 39, § 99 repealed 1-15A-11 NMSA 1978, effective June 16, 2023.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-64 - Repealed.

History:
1978 Comp., § 1-8-64, enacted by Laws 1979, ch. 74, § 5; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-8-64 NMSA 1978, as enacted by Laws 1979, ch. 74, § 5, relating to authority of the secretary of state and county clerks with regard to acceptance or rejection of petitions, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 8 - Nominations and Primary Elections › Section 1-8-65 - Minor political party candidates for general or United States representative special elections; nominating petition form.

A. As used in Sections 1-8-2 through 1-8-4 NMSA 1978, "nominating petition" means the authorized form used for obtaining the required number of signatures of voters that is signed on behalf of the person wishing to become a minor political party candidate for a political office in a general or United States representative special election requiring a nominating petition.
B. In making a declaration of candidacy, the candidate shall file a nominating petition at the same time, which shall be on forms prescribed by law.
C. The nominating petition for a minor political party candidate for any office requiring a nominating petition shall be on paper approximately eight and one-half inches wide and eleven inches long with numbered lines for signatures approximately three-eighths inch apart and shall be in the following form:
"NOMINATING PETITION FOR MINOR POLITICAL PARTY CANDIDACY (GENERAL ELECTION)
I, the undersigned, a registered voter of New Mexico, hereby nominate ___________________, who resides at _______________ in the county of __________________, New Mexico, for the _______________ party nomination for the office of _______________________ to be voted for at the general election or United States representative special election to be held on _________, and I declare that I am a registered voter of the area to be represented by the office for which the person being nominated is a candidate. I also declare that I have not signed, and will not sign, any nominating petition for more persons than the number of candidates necessary to fill such office at the next ensuing general election or at a United States representative special election. I understand that if the candidate's political party does not qualify as a minor political party, the candidate may run as an unaffiliated independent candidate.
1.
_____________
_____________
_____________
_____________
(usual signature)
(name printed
as registered)
(address as
registered)
(city or zip
code)
2.
_____________
_____________
_____________
_____________
(usual signature)
(name printed
as registered)
(address as
registered)
(city or zip
code)".
D. In March of even-numbered years, the secretary of state shall post on the secretary of state's web site and shall furnish to each county clerk a sample of a nominating petition form, a copy of which shall be made available by the county clerk upon request of any candidate.
E. When more than one sheet is required for a petition, each of the sheets shall be in the form prescribed by this section.
History:
Laws 2014, ch. 40, § 7 and Laws 2014, ch. 81, § 7.
ANNOTATIONS
Duplicate laws.
— Laws 2014, ch. 40, § 7, effective March 7, 2014, and Laws 2014, ch. 81, § 7, effective March 12, 2014, enacted identical new sections. The section was set out as enacted by Laws 2014, ch. 81, § 7.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-2 - Repealed.

History:
1953 Comp., § 3-9-3, enacted by Laws 1969, ch. 240, § 185; 1976 (S.S.), ch. 5, § 2; 2001, ch. 233, § 2; 2003, ch. 356, § 23; repealed by Laws 2010, ch. 28, § 22.
ANNOTATIONS
Repeals.
— Laws 2010, ch. 28, § 22 repealed 1-9-2 NMSA 1978, as enacted by Laws 1969, ch. 240, § 185, relating to approval of voting systems, effective March 3, 2010. For provisions of former section,
see
the 2009 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 233, § 16 repealed 1-9-3 NMSA 1978, as enacted by Laws 1969, ch. 240, § 186, relating to compensation for mechanical experts, effective June 15, 2001. For provisions of former section,
see
the 2000 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 233, § 16 repealed 1-9-4 NMSA 1978, as enacted by Laws 1969, ch. 240, § 187, relating to the specifications of lever-type voting machines, effective June 15, 2001. For provisions of former section,
see
the 2000 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-4.1 - Repealed.

History:
Laws 2001, ch. 233, § 15; 2003, ch. 356, § 24; repealed by Laws 2010, ch. 28, § 22.
ANNOTATIONS
Repeals.
— Laws 2010, ch. 28, § 22 repealed 1-9-4.1 NMSA 1978, as enacted by Laws 2001, ch. 233, § 15, relating to touch-screen direct recording electronic voting systems, effective March 3, 2010. For provisions of former section,
see
the 2009 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-4.2 - Recompiled.

History:
Laws 2003, ch. 356, § 9; 2005, ch. 270, § 58; 2007, ch. 337, § 11; recompiled as § 1-1-5.2 by Laws 2010, ch. 28, § 21.
ANNOTATIONS
Recompilations.
— Laws 2010, ch. 28, § 21 recompiled former 1-9-4.2 NMSA 1978 as 1-1-5.2 NMSA 1978, effective March 3, 2010.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-6 - Voting systems; use in other elections.

A. The county clerk may provide for the use of voting systems in other elections or for educational purposes; provided, however, that the county clerk shall make available:
(1) to the school district for use in the school district election, a sufficient number of voting systems necessary to conduct the election in those polling places located within that county; and
(2) to a municipality located in the county, a sufficient number of voting systems to conduct the municipal election.
B. The county clerk shall schedule the use of the voting systems.
History:
1953 Comp., § 3-9-7, enacted by Laws 1975, ch. 255, § 116; 1991, ch. 106, § 3; 2001, ch. 233, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 1975, ch. 255, § 116 repealed 3-9-7, 1953 Comp., relating to voting machines, use in other elections, and enacted a new section.
The 2001 amendment,
effective June 15, 2001, substituted "voting systems" for "voting machines" throughout the section.
The 1991 amendment,
effective April 2, 1991, in the introductory phrase of Subsection A, substituted "county clerk" for "board of county commissioners" and "the county clerk shall" for "it shall".
Voting for justices of the peace (now magistrates) and constables
may be properly conducted by voting machines where all other provisions of the law applicable to the installation and operations of voting machines are observed. 1953 Op. Att'y Gen. No. 53-5737.
Constitutional requirement for separate ballot boxes in municipal bond election.
— That portion of 3-4-3 (now repealed) relating to the use of voting machines in bond elections should be regarded as inconsistent with N.M. Const., art. IX, § 12, requiring separate ballot boxes and for that reason separate ballot boxes should be used in all municipal bond elections. 1953 Op. Att'y Gen. No. 53-5643.
Machines do not change requirement that precincts accommodate voters.
— Notwithstanding the fact that voting machines may accommodate more than 600 voters, enactment of Laws 1951, ch. 192 (now repealed) did not supersede or repeal 3-2-1, 1953 Comp., requiring county commissioners to divide precincts and voting districts so that no polling place will be required to accommodate more than 600 voters. 1952 Op. Att'y Gen. No. 52-5489.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-7 - Voting systems; acquisition.

A. The secretary of state shall provide to the county clerk of each county a sufficient number of voting systems as required by the Election Code for the conduct of primary and general elections.
B. When authorized by the state board of finance, the board of county commissioners may acquire new or previously owned voting systems. No less than ninety days prior to each primary and general election, the board of county commissioners of each county may make application to the state board of finance for any additional voting systems to be acquired by a county in excess of the number of voting systems required by the Election Code for the conduct of primary and general elections.
C. The additional voting systems shall be of a type certified by the secretary of state. They shall be purchased by the state board of finance. Unless paid in full by the county at the time of purchase, the cost of the voting systems, including all transportation costs, shall be paid out of the voting system revolving fund. The state board of finance shall cause to be delivered to each county clerk the additional voting systems.
D. Except for intercounty acquisitions of equipment approved by the secretary of state, a previously owned voting system shall have a warranty equal to the warranty required of a new voting system.
History:
1953 Comp., § 3-9-8, enacted by Laws 1969, ch. 240, § 190; 1972, ch. 28, § 2; 1976 (S.S.), ch. 5, § 5; 1989, ch. 141, § 1; 1991, ch. 106, § 4; 2001, ch. 233, § 5; 2010, ch. 28, § 12; 2015, ch. 145, § 56.
ANNOTATIONS
Cross references.
— For electronic voting system revolving fund,
see
1-9-19 NMSA 1978.
The 2015 amendment,
effective July 1, 2015, provided that unless new voting systems are paid for in full by the county at the time of purchase, the cost of the voting system shall be paid out of the voting system revolving fund; and in Subsection C, after "board of finance.", added "Unless paid in full by the county at the time of purchase".
The 2010 amendment,
effective March 3, 2010, added Subsection A; in Subsection B, added the first sentence; at the beginning of the second sentence, added "No less than"; in the second sentence, after "commissioners of each county", deleted "shall" and added "may"; after "board of finance for", deleted "those" and added "any"; after "additional voting systems", deleted "required by the Election Code" and added the remainder of the sentence; in Subsection C, in the first sentence, after "shall be of a type", deleted "approved" and added "certified" and in the third sentence, after "paid out of the", deleted "electronic"; and added Subsection D.
The 2001 amendment,
effective June 15, 2001, substituted "voting systems" for "voting machines" throughout the section; and inserted "electronic" in the second sentence of Subsection B.
The 1991 amendment,
effective April 2, 1991, substituted "county clerk" for "board of county commissioners" in the final sentence in Subsection B.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-7.2 - Voting systems; testing of previously certified systems.

The secretary of state may voluntarily test and certify voting systems without an application by the manufacturer if the system has been previously certified by the United States election assistance commission. Tests and inspections conducted pursuant to this section shall follow the procedures in Section 1-9-14 NMSA 1978; provided, however, if the manufacturer has not applied for certification of that voting system, the manufacturer shall not be required to pay for the costs of testing and certification.
History:
Laws 2005, ch. 270, § 57; 2010, ch. 28, § 14; 2017, ch. 101, § 12.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, removed the deadline by which tests and inspections of voting systems must be completed; and after "Section 1-9-14 NMSA 1978", deleted "and shall be completed within six months of the date on which the secretary of state orders testing to begin".
The 2010 amendment,
effective March 3, 2010, in the first sentence, after "previously certified by", deleted "other states or by the national association of state election directors" and added "the United States election assistance commission"; and in the second sentence, after "section shall follow the", deleted "testing", and after "six months of the date on which", deleted "testing begins" and added "the secretary of state orders testing to begin".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-7.3 - Voting systems records.

For each certified voting system purchased in 2006 and after, including any separate component, the secretary of state shall maintain records of the voting system and any component, including:
A. a description of each voting system and any of its components;
B. its serial number or other identification number;
C. the name of the vendor, the titleholder and the acquisition date;
D. its cost;
E. the percentage of federal participation covering the cost of acquisition;
F. its location, use and condition; and
G. its ultimate disposition, including the date of disposal and sale price.
History:
Laws 2010, ch. 28, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2010, ch. 28, § 24 contained an emergency clause and was approved March 3, 2010.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-7.4 - Voting systems; authority of the secretary of state to recertify and decertify.

A. Each voting system certified for use in the state shall be reviewed for recertification by the secretary of state during the year following a presidential election. Tests and inspections conducted pursuant to this section shall begin no later than June 1 and shall follow the procedures in Section 1-9-14 NMSA 1978.
B. If at any time the secretary of state becomes aware that a voting system certified for use in this state does not comply with all requirements in the Election Code or meet federal election standards, the secretary of state shall undertake an investigation to determine if the voting system should continue to be certified for use in the state. Tests and inspections conducted pursuant to this section shall commence upon the order of the secretary of state and shall follow the procedures in Section 1-9-14 NMSA 1978. A voting system that does not comply with all requirements in the Election Code and the most recent voluntary voting system guidelines adopted and implemented by the United States election assistance commission shall be decertified for use in this state.
History:
Laws 2010, ch. 28, § 2; 2023, ch. 39, § 55.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided that, in addition to existing requirements, a voting system that does not comply with all the requirements in the most recent voluntary voting system guidelines implemented by the United States election assistance commission shall be decertified for use in this state; and in Subsection B, after "guidelines adopted", added "and implemented".