reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-3 - Presidential electors; nomination.

A. Any qualified political party in New Mexico desiring to have candidates for president and vice president on the general election ballot in a presidential election year shall, at a state party convention held in the year of such election, choose from the voters of the party the number of presidential electors required by law and no more.
B. The presidential electors shall be nominated by the state convention according to the rules of that party on file with the secretary of state.
C. Upon the nomination of presidential electors, the chair and secretary of the convention shall certify the names and addresses of the nominees not less than sixty-three days prior to the election to the secretary of state. The secretary of state shall record the nominees' names in the secretary's office as the presidential elector nominees of that party.
History:
1953 Comp., § 3-15-3, enacted by Laws 1969, ch. 240, § 353; 1977, ch. 222, § 90; 1981, ch. 145, § 1; 2017, ch. 101, § 16.
ANNOTATIONS
Cross references.
— For party filing rules with the secretary of state,
see
1-7-2 to 1-7-5 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, changed the deadline for certifying the names and address of presidential electors nominated by the state party convention, and made stylistic amendments; and, in Subsection C, after "the nominees not less than", deleted "fifty-six" and added "sixty-three".
Indirect election of nominees valid.
— Laws 1953, ch. 40 (now repealed), and the provisions of the same are valid, even though it provides for the indirect or proxy elections of unlisted presidential election nominees in presidential general elections in New Mexico. 1954 Op. Att'y Gen. No. 54-5949 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-4 - Presidential electors; election.

A. The names of the presidential elector nominees shall not be placed upon the general election ballot; instead, the secretary of state shall certify to the county clerks the names of persons nominated by each qualified political party for the offices of president and vice president of the United States.
B. The names of the nominees for president and vice president for each qualified political party shall be printed together in pairs upon the general election ballot. A vote for any pair of nominees shall be a vote for the presidential electors of the political party by which the nominees were named.
C. Except as provided in Subsection D of this section, presidential elector nominees of the party whose nominees for president and vice president receive the highest number of votes at the general election shall be the elected presidential electors for this state, and each shall be granted a certificate of election by the state canvassing board.
D. If the Agreement Among the States to Elect the President by National Popular Vote [1-15-4.1 NMSA 1978] is in effect in accordance with Article III, Subsection I of that compact, the state canvassing board shall grant a certificate of election to the presidential elector nominees of the party whose nominees for president and vice president receive the largest national popular vote total in the general election.
History:
1953 Comp., § 3-15-4, enacted by Laws 1969, ch. 240, § 354; 2019, ch. 199, § 2.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, provided an exception to the provision that presidential elector nominees of the party whose nominees for president and vice president receive the highest number of votes at the general election shall be the elected presidential electors for this state, and provided that if the Agreement Among the States to Elect the President by National Popular Vote is in effect, the state canvassing board shall grant a certificate of election to the presidential elector nominees of the party whose nominees for president and vice president receive the largest national popular vote total in the general election; in Subsection C, added "Except as provided in Subsection D of this section"; and added Subsection D.
Selection of unqualified persons as electors
is tantamount to failure to select, which is specifically mentioned in the statute.
State ex rel. Chavez v. Evans
, 1968-NMSC-167, 79 N.M. 578, 446 P.2d 445 (decided under former law).
Indirect election of nominees valid.
— Laws 1953, ch. 40 (now repealed), and the provisions of same are valid, even though it provides for the indirect or proxy elections of unlisted presidential election nominees in presidential general elections in New Mexico. 1954 Op. Att'y Gen. No. 54-5949 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-5 - Presidential electors; duties.

Presidential electors for the state shall perform the duties of the presidential electors required by law and the constitution of the United States.
History:
1953 Comp., § 3-15-5, enacted by Laws 1969, ch. 240, § 355.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-6 - Presidential electors; organization.

A. Presidential electors of the state shall meet at 11:00 a.m. in the office of the secretary of state on the day fixed by the laws of the United States for presidential electors to cast their ballots for president and vice president of the United States.
B. At such meeting the presidential electors shall organize by choosing a presiding officer and a secretary.
C. If the full number of electors required by law are not present at such meeting for any reason, those presidential electors present shall, from a list of names nominated by the state chairman of that party, forthwith choose electors from the voters of that state party.
D. The secretary of state shall provide such clerical assistance as needed by the presidential electors in performing their duties.
History:
1953 Comp., § 3-15-6, enacted by Laws 1969, ch. 240, § 356; 1977, ch. 222, § 91.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-7 - Presidential electors; when governor fills vacancy.

In the case of the death or absence of any presidential elector or failure to complete the number of presidential electors by noon of the day fixed by the laws of the United States for presidential electors to cast their ballots, the governor shall fill any vacancy by appointment. In filling the vacancy the governor shall appoint a voter of the state from a list of names nominated by the state chairman of the same political party represented by the presidential elector whose death or absence caused the vacancy.
History:
1953 Comp., § 3-15-7, enacted by Laws 1969, ch. 240, § 357.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-8 - Presidential electors; electoral college casting ballots; certification of results.

The presidential electors of the state shall meet at noon in the office of the secretary of state on the day fixed by the laws of the United States for presidential electors to cast their ballots for president and vice president and shall proceed to vote by ballot for president and vice president of the United States and to certify the results of such election in accordance with the constitution and laws of the United States. The presidential elector chosen as secretary shall keep a journal of the proceedings and deposit the journal in the office of the secretary of state, where it shall be kept on file.
History:
1953 Comp., § 3-15-8, enacted by Laws 1969, ch. 240, § 358; 1977, ch. 222, § 92.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-9 - Presidential electors; penalty.

A. All presidential electors shall cast their ballots in the electoral college for the candidates of the political party which nominated them as presidential electors.
B. Any presidential elector who casts his ballot in violation of the provisions contained in Subsection A of this section is guilty of a fourth degree felony.
History:
1953 Comp., § 3-15-9, enacted by Laws 1969, ch. 240, § 359.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-10 - Presidential electors; per diem and mileage.

Each presidential elector shall be paid per diem for each day's attendance and mileage from his residence to the state capitol and return to his place of residence one time, as provided for state officers in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], and he shall receive no other compensation. Per diem and mileage shall be paid by the state treasurer on warrants drawn by the secretary of finance and administration in accordance with vouchers approved by the presiding officer of the presidential electors.
History:
1953 Comp., § 3-15-10, enacted by Laws 1969, ch. 240, § 360; 1977, ch. 247, § 12.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-11 - United States senator; nomination.

Candidates for the office of United States senator shall be nominated during the year of the general election next preceding the expiration of the term of office of the United States senator whose successor is to be nominated and elected. Nominations shall be in the manner prescribed by the Election Code [Chapter 1 NMSA 1978] for state officers.
History:
1953 Comp., § 3-15-11, enacted by Laws 1969, ch. 240, § 361.
ANNOTATIONS
Cross references.
— For nominating procedures,
see
1-8-1 to 1-8-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-12 - United States senator; election.

The United States senator shall be elected at the general election next succeeding nomination for that office.
History:
1953 Comp., § 3-15-12, enacted by Laws 1969, ch. 240, § 362.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections § 4; 77 Am. Jur. 2d United States § 20.
91 C.J.S. United States § 11.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-13 - United States senator; canvass of vote.

The vote for the office of United States senator shall be cast, counted, returned and canvassed in the same manner as the vote is cast, counted, returned and canvassed for state officers. Upon completion of the canvass, the state canvassing board shall immediately transmit the results of such election of United States senator to the president of the United States senate.
History:
1953 Comp., § 3-15-13, enacted by Laws 1969, ch. 240, § 363.
ANNOTATIONS
Cross references.
— For casting and counting votes,
see
1-12-1 NMSA 1978 et seq.
For returns and canvasser,
see
1-13-1 NMSA 1978 et seq.
Official canvass record used to determine signatures required.
— In determining the number of signatures required to be contained in a petition for nomination the official canvass is to be the record that is used. 1964 Op. Att'y Gen. No. 64-35 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-14 - United States senator; vacancy.

A. Immediately upon there being a vacancy in the office of United States senator, the governor shall make a temporary appointment to fill the vacancy until such time as an election is held to fill the vacancy for the unexpired term.
B. The election to fill the vacancy for the unexpired term shall be held at the next general election occurring not less than thirty days subsequent to the happening of such vacancy.
C. If the vacancy occurs within thirty days next preceding a general election, the person appointed by the governor to fill the vacancy shall hold office until the next general election occurring more than thirty days subsequent to the happening of the vacancy unless the term of office of such senator shall sooner expire.
D. Candidates to fill a vacancy in the office of United States senator for an unexpired term shall be nominated and elected in the same manner as candidates are nominated and elected for the full term.
History:
1953 Comp., § 3-15-14, enacted by Laws 1969, ch. 240, § 364.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Death or disability of one elected to office before qualifying as creating a vacancy, 74 A.L.R. 486.
Election within contemplation of constitutional or statutory provisions relating to filling vacancy in public office occurring before expiration of regular term, 132 A.L.R. 574.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-15 - United States representative; congressional districts established.

New Mexico is divided into three congressional districts to be known and designated as congressional district one, congressional district two and congressional district three.
History:
1953 Comp., § 3-15-15, enacted by Laws 1969, ch. 240, § 365; 1982 (2nd S.S.), ch. 4, § 1; repealed and reenacted by Laws 2021 (2nd S.S.), ch. 2, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 2021 (2nd S.S.), ch. 2, § 1 repealed former 1-15-15 NMSA 1978 that was declared malapportioned and, therefore, unconstitutional in
Jepsen v. Vigil-Giron
, D-0101-CV-2001-02177 (1st Dist. Ct., filed January 8, 2002), and enacted a new section, effective March 17, 2022.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-15.1 - Unconstitutional.

ANNOTATIONS
Compiler's notes.
— The New Mexico congressional districts adopted in
Jepsen v. Vigil-Giron
, D-0101-CV-2001-02177 (N.M. 1st Jud. Dist. January 8, 2002) and set forth in Section 1-15-15.1 NMSA 1978, were held to be malapportioned and therefore unconstitutional in
Egolf v. Duran
, D-101-CV-2011-02942 (N.M. 1st Jud. Dist. January 25, 2012). The redistricting plan embodied in Section 1-15-15.2 NMSA 1978 was adopted by that court.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-15.2 - Deleted.

ANNOTATIONS
Compiler's notes.
— Laws 2021 (2nd S.S.), ch. 2, § 5 directed the compiler to remove the provisions of 1-15-15.2 from the NMSA 1978, effective March 17, 2022.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-16.1 - Precincts.

A. Precinct designations and boundaries used in the 2021 congressional redistricting are those precinct designations and boundaries established pursuant to the Precinct Boundary Adjustment Act and revised and approved pursuant to that act by the secretary of state as of November 30, 2021.
B. A board of county commissioners shall not create any precinct, combine precincts or adjust the boundaries of any precinct in such manner that a precinct lies in more than one congressional district. A county precinct map determined not to be in compliance with this subsection shall be rejected by the secretary of state and returned to the appropriate county clerk with a written statement setting forth those instances in which the county precinct boundaries do not comply.
History:
Laws 1991 (1st S.S.), ch. 7, § 2; 2021 (2nd S.S.), ch. 2, § 3.
ANNOTATIONS
The 2021 (2nd S.S.) amendment
, effective March 17, 2022, changed provisions of the election code related to precincts; in Subsection A, after "used in the", deleted "1991" and added "2021", and after "secretary of state as of", deleted "August 16, 1991" and added "November 30, 2021"; and in Subsection B after the subsection designation, deleted "The boards of county commissioners shall not create any precinct that lies in more than one congressional district, nor shall the boards of county commissioners divide any precinct so that the divided parts of the precinct are situated in two or more congressional districts. Votes case in any general, primary or other statewide election from precincts created or divided in violation of this subsection shall be invalid and shall not be counted or canvassed." and added the remainder of the subsection.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-17 - United States representative; nomination and election.

One representative in congress shall be nominated and elected from each congressional district for voting purposes. Ballots for representatives in congress shall designate the office as congressional district one, congressional district two and congressional district three. Only voters of each district shall be eligible to vote for the respective candidates of the district.
History:
1953 Comp., § 3-15-17, enacted by Laws 1969, ch. 240, § 367; 1982 (2nd S.S.), ch. 4, § 3; 2021 (2nd S.S.), ch. 2, § 4.
ANNOTATIONS
The 2021 (2nd S.S.) amendment
, effective March 17, 2022, in the second sentence, after each occurrence of "district", deleted "number".
Constitution gives congress exclusive power over qualifications of its members.
— United States Const., art. I, § 5, relating to the powers of congress, provides that each house shall be sole and exclusive judge of the election and qualifications of its own members and deprives the courts of jurisdiction to determine those matters.
State ex rel. Chavez v. Evans
, 1968-NMSC-167, 79 N.M. 578, 446 P.2d 445.
State law cannot add to or subtract from constitutional qualifications.
— The constitutional qualifications for membership in the lower house of congress exclude all other qualifications, and state law can neither add to nor subtract from them.
State ex rel. Chavez v. Evans
, 1968-NMSC-167, 79 N.M. 578, 446 P.2d 445.
Court must look to creating authority for all qualifications.
— The state may provide such qualifications and restrictions as it may deem proper for offices created by the state; but for offices created by the United States Constitution, the court must look to the creating authority for all qualifications and restrictions.
State ex rel. Chavez v. Evans
, 1968-NMSC-167, 79 N.M. 578, 446 P.2d 445.
Constitution does not require election of representatives by district.
— While holding under 3-10-19.1, 1953 Comp., (now repealed) that at large elections in a state entitled to more than one congressman do not work an abridgement of the privileges and immunities clause of U.S. Const., amend. XIV, § 1, the court also said that U.S. Const., art. I, § 2 is not a mandate to state legislatures and to the congress to provide for election of representatives by districts, but is optional.
Norton v. Campbell
, 359 F.2d 608 (10th Cir.), cert. denied, 385 U.S. 839, 87 S. Ct. 89, 17 L. Ed. 2d 73 (1966).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections § 4; 77 Am. Jur. 2d United States §§ 11, 23.
Death or disability of one elected to office before qualifying as creating a vacancy, 74 A.L.R. 486.
Statutory provision as to manner and time of notice of special election as mandatory or directory, 119 A.L.R. 661.
State court jurisdiction over contest involving primary election for member of congress, 68 A.L.R.2d 1320.
91 C.J.S. United States § 11.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-17.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1982 (3d S.S.), ch. 3, § 11, effective June 23, 1982, and Laws 1983, ch. 232, § 17, effective June 17, 1983, both repealed 1-15-17.1 NMSA 1978, which provided that the provisions of Laws 1982 (2nd S.S.), ch. 4 would be repealed in the event that either Chapter 1 or Chapter 2 of Laws 1982 (2nd S.S.) were held unconstitutional by any court of competent jurisdiction.
Laws 1982 (2nd S.S.), ch. 1, enacted former 2-7A-1 to 2-7A-79 NMSA 1978. Laws 1982 (2nd S.S.), ch. 2, enacted former 2-8A-1 to 2-8A-52 NMSA 1978. Laws 1982 (2nd S.S.), ch. 4, enacted 1-15-16 and former 1-15-17.1 NMSA 1978 and amended former 1-15-15 and 1-15-17 NMSA 1978.
Articles 7A and 8A of Chapter 2 NMSA 1978 were held unconstitutional in 1982.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 232, § 17, repealed 1-15-18 NMSA 1978, as enacted by Laws 1969, ch. 240, § 368, relating to a vacancy in the office of the United States representative in congress. For present provisions,
see
1-15-18.1 NMSA 1978, effective June 17, 1983.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-19 - Expiring and succeeding terms.

"Expiring term" means a term of office which expires not later than three months after the general election at which it is filled.
History:
1953 Comp., § 3-15-19, enacted by Laws 1969, ch. 240, § 369.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-20 - Expiring term and next succeeding term in same election.

A. In all instances where the expiring term of the office of United States senator or representative and the term next succeeding the expiring term are to be voted upon at the same general election, the same individual may be a candidate for both the expiring term and next succeeding term, whether at a primary election, nominating convention or general election.
B. In those instances where a person is initially elected for a next succeeding term of the office of United States senator or representative at a general election and there becomes a vacancy in the expiring term of that office at any time beginning seventy days before the general election through the first day of the next succeeding term, the person initially elected for the next succeeding term and in possession of the certificate of election from the general election shall be declared elected for the remainder of the expiring term.
History:
1953 Comp., § 3-15-20, enacted by Laws 1969, ch. 240, § 370; 2019, ch. 212, § 132.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, provided the procedure for instances when a person is initially elected for the next succeeding term of a congressional office at a general election and there becomes a vacancy in the expiring term of that office; in Subsection A, after "expiring term of", deleted "any elective state or district office or"; and added Subsection B.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-21 - Expiring term and next succeeding term; nomination.

A. If any political party convention nominates any individual to be placed on the general election ballot for the term next succeeding the expiring term, then such person nominated by the party convention shall be deemed to also be designated by the convention for the expiring term. No candidate may be designated by the convention for the expiring term only.
B. Any candidate whose name is placed on the direct primary ballot in the primary election for the term next succeeding the expiring term shall be conclusively presumed to have declared as a candidate for both the expiring term and the succeeding term.
History:
1953 Comp., § 3-15-21, enacted by Laws 1969, ch. 240, § 371.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-22 - Expiring term and next succeeding term; filing fee.

Notwithstanding any of the provisions of the Primary Election Law [1-8-10 to 1-8-52 NMSA 1978], a candidate for both the expiring term and the next succeeding term of the same office shall pay only the fee required of a candidate for the office for one full term of such office.
History:
1953 Comp., § 3-15-22, enacted by Laws 1969, ch. 240, § 372.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-23 - Expiring term and succeeding term.

If the same individual is a candidate at a general election for both the expiring term and the succeeding term, his name shall appear but once on the ballot, and the name of the office, followed by the words, "full and expiring terms".
History:
1953 Comp., § 3-15-23, enacted by Laws 1969, ch. 240, § 373; 1999, ch. 267, § 32.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, deleted "ballot; write-in" at the end of the section heading; deleted the Subsection A designation; and deleted former Subsection B, which related to write-in ballots.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15A - Presidential Primary › Section 1-15A-1 - Short title.

This act [Chapter 1, Article 15A NMSA 1978] may be cited as the "Presidential Primary Act".
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.
Cross references.
— For presidential electors,
see
1-15-1 to 1-15-10 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections § 5.
91 C.J.S. United States § 28.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15A - Presidential Primary › Section 1-15A-2 - Presidential primary; date of election.

In the year in which the president and vice president of the United States are to be elected, the registered voters of this state shall be given an opportunity to express their preference for the person to be the presidential candidate of their party in either a presidential primary election or in accordance with the selection procedure for presidential candidates of each voter's party. The presidential primary election shall be held on the same date as the primary election is held in this state.
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.
Cross references.
— For date for holding a primary election,
see
1-8-11 NMSA 1978.
The 2003 amendment,
effective June 20, 2003, inserted "in either a presidential primary election or in accordance with the selection procedure for presidential candidates of each voter's party" following "candidate of their party" at the end of the first sentence.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15A - Presidential Primary › Section 1-15A-3 - Selection of national convention delegates by major political parties; use of alternate selection procedures; certification.

A. If a major political party chooses not to participate in the presidential primary, it shall:
(1) notify the secretary of state at least thirty days before the governor is required to issue the proclamation of the primary election; and
(2) allow anyone who would otherwise be qualified to vote in that party's primary to participate in the party's selection procedure.
B. The state chair of a major political party that does not participate in the presidential primary shall certify to the secretary of state the names of the state party's delegates to the party's national convention, and those delegates shall file a declaration of acceptance in accordance with Section 1-15A-10 NMSA 1978 [repealed].
History:
Laws 2003, ch. 300, § 3; 1978 Comp., § 1-8-54.1 recompiled as § 1-15A-3 by Laws 2011, ch. 137, § 109; 2016, ch. 28, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 39, § 99 repealed 1-15A-10 NMSA 1978, effective June 16, 2023.
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-8-54.1 NMSA 1978 as 1-15A-3 NMSA 1978 effective July 1, 2011.
The 2016 amendment,
effective May 18, 2016, allowed persons who would otherwise be qualified to vote in a party's primary to participate in the party's alternate selection procedure; in the catchline, added "use of alternate selection procedures"; in Subsection A, after "it shall", added the paragraph designation "(1)", and added new Paragraph (2); and in Subsection B, after "The state", deleted "chairman" and added "chair", and after "Section", deleted "1-8-61" and added "1-15A-10".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15A - Presidential Primary › Section 1-15A-4 - Conduct of election.

The presidential primary election shall be conducted and canvassed along with and in the manner provided by law for the conduct and canvassing of the primary election.
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 15A - Presidential Primary › Section 1-15A-5 - Nomination by committee.

There shall be convened in Santa Fe a committee consisting of the chief justice of the supreme court, as chairman, the speaker of the house of representatives and the minority floor leader of the house of representatives, the president pro tempore of the senate, the minority floor leader of the senate and the state chairmen of those major political parties participating in the presidential primary. The committee shall nominate as presidential primary candidates, and certify to the secretary of state, not later than February 15 before the presidential primary election, the names of all those generally advocated and nationally recognized or supported by any major political party in the state as candidates of the major political parties participating in the presidential primary for the office of president of the United States.
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.
Cross references.
— For names of nominees, not electors, to be placed on general election ballot,
see
1-15-4 NMSA 1978.
The 1995 amendment,
effective January 1, 1996, inserted "or supported by any major political party in the state" following "nationally recognized" near the end of the section.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15A - Presidential Primary › Section 1-15A-6 - Nomination by petition.

No later than 5:00 p.m. on the thirtieth day following the nominations by committee, any person seeking the endorsement by the national political party for the office of president of the United States, or any group organized in this state on behalf of, and with the consent of, such person, may submit to the secretary of state a petition on a form prescribed and furnished by the secretary of state to have such candidate's name printed on the presidential primary ballot. The petition shall be signed by a number of registered voters in each of the congressional districts equal to not less than two percent of the total number of votes for president cast in each district at the last preceding presidential election. Each signer of such petition shall sign but one such petition. In verifying the petition, the secretary of state shall count each signature unless it is determined that the person signing is not a registered voter of this state, has signed more than one petition or is not the person whose name appears on the nominating petition.
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 15A - Presidential Primary › Section 1-15A-7 - Notification to candidates.

The secretary of state shall contact each person who has been nominated by the committee or by petition and notify the person in writing by certified mail, with return receipt requested, that the person's name will be printed as a candidate on the New Mexico presidential primary ballot unless the person requests in writing otherwise at least sixty-three days prior to the election.
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; 2017, ch. 101, § 17.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-8-58 NMSA 1978 as 1-15A-7 NMSA 1978 effective July 1, 2011.
The 2017 amendment,
effective June 16, 2017, changed the deadline by which a person nominated by the committee or by petition may request in writing that the person's name not be printed as a candidate on the New Mexico presidential primary ballot, and made stylistic changes; and after "requests in writing otherwise at least", deleted "fifty" and added "sixty-three".
Candidate who fails to make a timely withdrawal
from presidential primary is legitimate candidate in that primary.
Anderson v. Hooper
, 498 F. Supp. 898 (D.N.M. 1980).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15A - Presidential Primary › Section 1-15A-8 - Repealed.

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; repealed by Laws 2023, ch. 39, § 99.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 39, § 99 repealed 1-15A-8 NMSA 1978, as enacted by Laws 1977, ch. 230, § 7, relating to voting in presidential primary, ballot position, 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 15A - Presidential Primary › Section 1-15A-9 - National convention.

A. Upon the completion of the state canvass of the results of the presidential primary, the secretary of state shall forthwith certify to the state chairman of each political party participating in the primary and to the credentials committee of the national convention of each such political party the following:
(1) the names of all candidates and uncommitted category; and
(2) the total vote and the percentage of the total vote of such candidates or uncommitted category received.
B. Each political party shall select as many delegates and alternates to the national party convention in the manner prescribed by the rules of that party and as are allotted to it by the national committee of that party.
C. The vote of the delegates or their alternates to the national convention from each such political party from New Mexico shall be cast on the first presidential nomination ballot of the national convention by the chairman of the delegation. The manner of casting the vote of each party delegation shall be as follows:
(1) each candidate and the uncommitted category shall be entitled to a share of the total vote allotted to the delegation that is equal to the proportion that the vote he received in the presidential primary bears to the total combined vote received by all qualified candidates; provided that no candidate shall be excluded who has received at least fifteen percent of the total vote cast for candidates for president of that party, and no candidate shall be excluded in violation of any political party rule; and
(2) the method used to compute the total votes allowed to a candidate or the uncommitted category shall be determined by the party rules on file in the office of the secretary of state.
D. The provisions of this section with regard to the manner of voting by the New Mexico delegations at the national party conventions apply only to the first nominating ballot cast at such conventions. Such delegations may be released prior to the first ballot from voting in the manner provided by this section upon death of the candidate or upon his written unconditional release of such votes allotted to him. Any votes so released shall be cast in the manner of votes allotted to the uncommitted category.
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 15A - Presidential Primary › Section 1-15A-10 - Repealed.

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; repealed by Laws 2023, ch. 39, § 99.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 39, § 99 repealed 1-15A-10 NMSA 1978, as enacted by Laws 1977, ch. 230, § 9, relating to delegate pledge, 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 15A - Presidential Primary › Section 1-15A-11 - Repealed.

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; repealed by Laws 2023, ch. 39, § 99.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 39, § 99 repealed 1-15A-11 NMSA 1978, as enacted by Laws 1977, ch. 230, § 11, relating to penalty, 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 16 - Ballot Questions › Section 1-16-2 - Ballot questions; state ballot questions; local government ballot questions.

A. A state ballot question includes any:
(1) proposed amendment to the constitution of New Mexico, as provided in a joint resolution passed by the legislature;
(2) tax authorization for general obligation bonds or mill levy, as provided by law;
(3) referendum, as provided in Article 4, Section 1 of the constitution of New Mexico; and
(4) other questions, as provided by statute or the constitution of New Mexico.
B. A local government ballot question includes any:
(1) tax authorization for bond sales, mill levy or gross receipts tax, as required by law;
(2) recall of county, school board or certain municipal officers, as provided by law or by municipal home rule charter;
(3) petition for the creation of a special district or consideration of a statutory local option, as provided by law;
(4) referendum on local governing body taxation authority, as provided by law;
(5) referendum on local government ordinances, as provided by the charter of a home rule municipality, by an incorporated or urban county or by law;
(6) change in the laws of a home rule municipality, as provided by the municipal charter or by law;
(7) changes in the charter of an incorporated or urban county, as provided by the charter of the incorporated or urban county or by law; and
(8) other questions, as provided by state statute or the constitution of New Mexico.
History:
1953 Comp., § 3-16-2, enacted by Laws 1969, ch. 240, § 375; 2019, ch. 212, § 134.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, completely rewrote the section, providing the items that may be included in a state ballot question and in a local government ballot question; replaced the section heading; and deleted "The secretary of state shall provide ballots for the use of voters in all special elections where constitutional amendments or other questions are submitted to the voters of the entire state. Paper ballots shall bear on their face the facsimile signature of the secretary of state and shall be furnished to each of the county clerks.", and added Subsections A and B.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 16 - Ballot Questions › Section 1-16-3 - Ballot questions; certification.

A. Whenever a state ballot question is to be submitted to the voters of the entire state on a general election or regular local election ballot, not less than seventy days before the election, the secretary of state shall certify the state ballot question to the county clerk of each county.
B. Whenever a local government ballot question is to be submitted to the voters of a local government on a general election or regular local election ballot, not less than seventy days before the election at which the ballot question is proposed to be submitted to the voters, the local government shall file a resolution proposing the ballot question with the county clerk of each county containing any precinct in which votes may be cast for or against the local government ballot question. Not less than sixty-seven days before the election, each county clerk shall certify the local government ballot question to the secretary of state.
C. Whenever a state or local government ballot question is to be submitted to the voters in a special election, the proclamation calling the election shall be filed with or certified to the county clerk of each county containing any precinct in which votes may be cast pursuant to the provisions of the Special Election Act [Chapter 1, Article 24 NMSA 1978].
History:
1953 Comp., § 3-16-3, enacted by Laws 1969, ch. 240, § 376; 1977, ch. 222, § 93; 1981, ch. 146, § 1; 2017, ch. 101, § 18; 2019, ch. 212, § 135.
ANNOTATIONS
Cross references.
— For constitutional provision on the proposal and ratification of constitutional amendments,
see
N.M. Const., art. XIX, § 1.
The 2019 amendment,
effective April 3, 2019, removed references to "constitutional amendments", and revised the procedures for certifying state or local government ballot questions; in the section heading, deleted "State constitutional amendments" and added "Ballot questions"; in Subsection A, after "Whenever a", deleted "proposed constitutional amendment or other" and added "state ballot", after "entire state", deleted "secretary of state" and added "on a general election or regular local election ballot", after "not less than", deleted "sixty-three" and added "seventy", after "submitted", added "secretary of state", and after "certify the", deleted "proposed constitutional amendment or" and added "state ballot"; and added Subsections B and C.
The 2017 amendment,
effective June 16, 2017, changed the deadline by which the secretary of state must certify a proposed constitutional amendment or question to the county clerk of each county; and after "not less than", deleted "fifty-six" and added "sixty-three".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 16 - Ballot Questions › Section 1-16-5 - Repealed.

History:
1953 Comp., § 3-16-5, enacted by Laws 1969, ch. 240, § 378; 1977, ch. 222, § 94; 1981, ch. 146, § 2; 2003, ch. 356, § 31; 2007, ch. 337, § 16; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-16-5 NMSA 1978, as enacted by Laws 1969, ch. 240, § 378, relating to state constitutional amendments, form of ballots, 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 16 - Ballot Questions › Section 1-16-6 - Repealed.

History:
1953 Comp., § 3-16-6, enacted by Laws 1969, ch. 240, § 379; 1977, ch. 222, § 95; 2003, ch. 356, § 32; 2007, ch. 337, § 17; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-16-6 NMSA 1978, as enacted by Laws 1969, ch. 240, § 379, relating to state constitutional amendments, marking ballots, 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 16 - Ballot Questions › Section 1-16-7 - Ballot questions; form.

A. The secretary of state shall by rule prescribe uniform guidelines for a state or local ballot question to appear on the ballot.
B. For a proposed constitutional amendment, the form of the ballot question shall include the full title of the joint resolution proposing the constitutional amendment and the constitutional amendment number assigned to the joint resolution by the secretary of state.
History:
1953 Comp., § 3-16-6.1, enacted by Laws 1977, ch. 222, § 96; 1981, ch. 146, § 3; 2019, ch. 212, § 137.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, required the secretary of state to prescribe uniform guidelines for state and local ballot questions; in the section heading, deleted "State constitutional amendments", and added "questions"; in Subsection A, after "shall", added "by rule", after "prescribe", deleted "the form in which state constitutional amendments shall" and added "uniform guidelines for a state or local ballot question to"; and in Subsection B, added "For a proposed constitutional amendment, the", and after "form", added "of the ballot question", and deleted the last sentence of the subsection, which authorized the secretary of state to provide an analysis of the proposed constitutional amendment.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 16 - Ballot Questions › Section 1-16-8 - Ballot questions; prohibition on nonbinding or advisory questions.

In no case shall a nonbinding or merely advisory question be placed on the ballot for any election held pursuant to the Election Code.
History:
1953 Comp., § 3-16-7, enacted by Laws 1969, ch. 240, § 380; 1977, ch. 222, § 97; 2018, ch. 79, § 15; 2019, ch. 212, § 138.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, removed a provision related to the form for ballots; replaced the section heading; deleted former Subsection A and deleted the subsection designation "B.".
The 2018 amendment,
effective July 1, 2018, changed the deadline by when a copy of the resolution proposing a question to be submitted to the voters of a county or local government must be sent to the secretary of state, and provided that nonbinding or advisory questions shall not be placed on the ballot for any election held pursuant to the Election Code; added subsection designation "A."; in Subsection A, after "submitted to the voters of a county", added "or local government", and after "not less than", deleted "thirty" and added "seventy"; and added Subsection B.
Municipal questions.
— A municipality has no legal authority to submit questions to voters of the municipality on a general election ballot. A municipality may submit a question to voters of the municipality on a municipal ballot in a municipal election held on the same day as a general election. 2012 Op. Att'y Gen. No. 12-05.
Ballot instructions.
— Ballots for voting upon a referred act should bear the following instructions: "Instructions to voters. If you desire to vote for the retention of the act, mark X in square opposite the words 'FOR APPROVAL OF THE ACT.' If you desire to vote against the retention of the act, mark X in the square opposite the words 'FOR REJECTION OF THE ACT.'" 1950 Op. Att'y Gen. No. 50-5315 (opinion rendered under former law).