reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-14 - Repealed.

History:
1978 Comp., § 1-22-14, enacted by Laws 1985, ch. 168, § 16; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 1-22-14 NMSA 1978, as enacted by Laws 1985, ch. 168, § 16, relating to votes required, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-15 - Repealed.

History:
1978 Comp., § 1-22-15, enacted by Laws 1985, ch. 168, § 17; 1987, ch. 249, § 49; 1987, ch. 338, § 3; repealed and reenacted by Laws 2018, ch. 79, § 28; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-22-15 NMSA 1978, as enacted by Laws 1985, ch. 168, § 17, relating to canvassing board, duties, effective April 3, 2019.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 22 - Local Elections › Section 1-22-17 - Recompiled.

History:
1978 Comp., § 1-22-17, enacted by Laws 1985, ch. 168, § 19; 1987, ch. 249, § 50; repealed and reenacted by Laws 2018, ch. 79, § 30; recompiled and amended as § 1-13-23 by Laws 2019, ch. 212, § 127.
ANNOTATIONS
Recompilations. —
Laws 2019, ch. 212, § 127 recompiled and amended former 1-22-17 NMSA 1978 as 1-13-23 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-18 - Local election; date term of office begins.

The term of office of a candidate elected in a regular local election or ensuing top-two runoff election shall begin on January 1 following the candidate's election, and the candidate to whom a certificate of election has been issued shall take the oath of office before entering upon the duties of office.
History:
1978 Comp., § 1-22-18, enacted by Laws 1985, ch. 168, § 20; 2009, ch. 150, § 36; repealed and reenacted by Laws 2018, ch. 79, § 31.
ANNOTATIONS
Repeals and reenactments.
— Laws 2018, ch. 79, § 31 repealed 1-22-18 NMSA 1978 and enacted a new section effective July 1, 2018.
The 2009 amendment,
effective June 19, 2009, in Paragraph (2) of Subsection D, after "name is written", deleted "in the proper slot on the voting machine or"; after "provided on the", deleted "paper ballot, absentee ballot or emergency"; and after "has declared intent", added the remainder of the sentence; and in Subsection E, after "except that", deleted "he shall not be entitled to have his" and added "the write-in candidate's".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Elections: validity of state or local legislative ban on write-in votes, 69 A.L.R.4th 948.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-19 - Early voting; municipal early voting locations.

In a regular local election, a county clerk shall provide at least one alternate voting or mobile alternate voting location in a municipality when requested by a municipality in the county; provided that the:
A. municipality elects its municipal officers at the regular local election and submits a written request to the county clerk no later than January 30 of the year of the local election;
B. alternate voting or mobile alternate voting location may operate for less than the full early voting period, to be decided upon between the municipality and the county clerk;
C. location of the alternate voting or mobile alternate voting location in the municipality conforms to the requirements for alternate voting locations; and
D. municipality provides the facility and services for the alternate voting or mobile alternate voting location.
History:
1978 Comp., § 1-22-19, enacted by Laws 1985, ch. 168, § 21; 1987, ch. 249, § 51; 1999, ch. 267, § 35; 2015, ch. 145, § 86; repealed and reenacted by Laws 2018, ch. 79, § 32; 2019, ch. 212, § 152.
ANNOTATIONS
Repeals and reenactments.
— Laws 2018, ch. 79, § 32 repealed 1-22-19 NMSA 1978 and enacted a new section effective July 1, 2018.
The 2019 amendment,
effective April 3, 2019, revised the procedures for early voting; deleted former Subsections A and B and redesignated former Paragraphs C(1) through C(4) as Subsections A through D, respectively; in the introductory clause, added "In a regular local election", and in Subsection A, after "municipality", added "elects its municipal officers at the regular local election and".
The 2015 amendment,
effective July 1, 2015, removed certain restrictions on absentee voting procedures; in Subsection A, after "appearing on the ballot in", deleted "his" and added "the voter's", after "precinct as if", deleted "he" and added "the voter", and after "casting", deleted "his" and added "the"; and in Subsection B, after "Absent Voter Act", deleted "of the Election Code", after "date of the election.", added "In addition", after "electronic voting machine", deleted "from 8:00 a.m." and added "at alternate voting locations at any time beginning", and after "preceding an election", deleted "until 5:00 p.m. on the Friday" and added "through the Saturday".
The 1999 amendment,
effective June 18, 1999, in Subsection A, deleted language from the beginning of the section which described reasons that a voter may vote by absentee ballot, and made stylistic changes; added the last sentence to Subsection B; and, in Subsection C, substituted "a regular precinct board" for "other precinct board" in the first sentence.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-20 - Recompiled.

History:
Laws 2018, ch. 79, § 33; 1978 Comp., § 1-22-20, recompiled and amended as § 1-11 19 by Laws 2019, ch. 212, § 110.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 110 recompiled and amended former 1-22-20 NMSA 1978 as 1-11-19 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22A - School District Campaign Reporting › Section 1-22A-1 - Short title.

This act [1-22A-1 to 1-22A-10 NMSA 1978] may be cited as the "School District Campaign Reporting Act".
History:
Laws 2013, ch. 180, § 1.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 180, § 11 made the School District Campaign Reporting Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22A - School District Campaign Reporting › Section 1-22A-2 - Definitions.

As used in the School District Campaign Reporting Act:
A. "campaign committee" means one or more persons authorized by a candidate to raise, collect or expend contributions on the candidate's behalf for the purpose of electing the candidate to office;
B. "candidate" means a person who seeks or considers an office in an election covered by the School District Campaign Reporting Act and who either has filed a declaration of candidacy or has received contributions or made expenditures of five hundred dollars ($500) or more or authorized another person or campaign committee to receive contributions or make expenditures of five hundred dollars ($500) or more for the purpose of seeking election to a covered office;
C. "contribution" means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made or received for a political purpose, including payment of a debt incurred in an election campaign; but "contribution" does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or campaign committee;
D. "covered office" means the position of board of education member of a school district that has an enrollment of twelve thousand students or more or the position of board member of a community college organized or operating pursuant to the provisions of Chapter 21, Article 13 or Article 16 NMSA 1978;
E. "election cycle" means the period beginning thirty days after an election for an office and ending thirty days following the subsequent election day for that office;
F. "expenditure" means a payment, transfer or distribution or obligation or promise to pay, transfer or distribute any money or other thing of value for a political purpose, including payment of a debt incurred in an election campaign;
G. "political purpose" means advocating the election or defeat of a candidate in an election;
H. "prescribed form" means a form or electronic format prepared and prescribed by the secretary of state; and
I. "reporting individual" means a candidate or treasurer of a campaign committee.
History:
Laws 2013, ch. 180, § 2; 2018, ch. 79, § 36.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, revised the definition for "election cycle" as used in the School District Campaign Reporting Act; and in Subsection E, after "office and ending", deleted "on" and added "thirty days following".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22A - School District Campaign Reporting › Section 1-22A-4 - Contents of report.

A. Each required report of expenditures and contributions shall be typed or printed legibly, or on a computer disc or format approved by the secretary of state, and shall include:
(1) the name and address of the person to whom an expenditure was made or from whom a contribution was received; provided that for contributors, the name of the legal entity or the first and last names of the individual shall be the full name of the legal entity or individual, and initials only shall not constitute a full name unless that is the complete legal name;
(2) the occupation and type and name of business, if any, of any person making contributions of two hundred fifty dollars ($250) or more in the aggregate per election;
(3) the amount of the expenditure or contribution or value thereof;
(4) the purpose of the expenditure; and
(5) the date that the expenditure was made or the contribution was received.
B. Each report shall contain an opening and closing cash balance for the bank account maintained for campaign funds by the reporting individual during the reporting period and the name of the financial institution.
C. Each report shall specify the amount of each unpaid debt and the identity of the person to whom the debt is owed.
History:
Laws 2013, ch. 180, § 4.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 180, § 11 made the School District Campaign Reporting Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22A - School District Campaign Reporting › Section 1-22A-5 - Anonymous contributions; special event fundraisers.

A. No anonymous contributions may be accepted in excess of one hundred dollars ($100). The aggregate amount of anonymous contributions received by a candidate in an election cycle shall not exceed five hundred dollars ($500).
B. Cash contributions received at special events that are unidentifiable as to a specific contributor but identifiable as to the special event are not subject to the anonymous contribution limits provided for in this section so long as no single special event raises, after expenses, more than one thousand dollars ($1,000) in such cash contributions. For those contributions, due diligence and best efforts shall be made to disclose on a special prescribed form with the sponsor, date, place, total amount received, expenses incurred, estimated number of persons in attendance and other identifiable factors that describe the special event.For purposes of this subsection, "special event" means an event such as a barbecue or similar fundraiser where tickets costing twenty-five dollars ($25.00) or less are sold or an event such as a coffee, tea or similar reception.
C. Any contributions received pursuant to this section in excess of the limits established in Subsections A and B of this section shall be donated to the state general fund or an organization to which a federal income tax deduction would be available under Subparagraph (A) of Paragraph (1) of Subsection (b) of Section 170 of the Internal Revenue Code of 1986, as amended.
History:
Laws 2013, ch. 180, § 5.
ANNOTATIONS
Cross references.
— For Section 170 of the Internal Revenue Code of 1986,
see
26 U.S.C. § 170.
Effective dates.
— Laws 2013, ch. 180, § 11 made the School District Campaign Reporting Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22A - School District Campaign Reporting › Section 1-22A-7 - Reports and statements; late filing penalty; failure to file.

A. If a statement of no activity or a report of expenditures and contributions contains false or incomplete information or is filed after any deadline imposed by the School District Campaign Reporting Act, the candidate, in addition to any other penalties or remedies prescribed by the Election Code, shall be liable for and shall pay to the secretary of state fifty dollars ($50.00) per day for each regular working day after the time required by the School District Campaign Reporting Act for the filing of statements of no activity or reports of expenditures and contributions until the complete or true statement or report is filed, up to a maximum of five thousand dollars ($5,000).
B. All sums collected for the penalty shall be deposited in the general fund for credit to the current school fund. A report or statement of exception shall be deemed timely filed only if it is received by the secretary of state by the date and time prescribed by law.
C. Any candidate who fails or refuses to file a report of expenditures and contributions or statement of no activity or to pay a penalty imposed by the secretary of state as required by the School District Campaign Reporting Act shall not, in addition to any other penalties provided by law:
(1) have the candidate's name printed upon the ballot if the violation occurs before or through the final date for the withdrawal of candidates; or
(2) be issued a certificate of election, if the violation occurs after the final date for withdrawal of candidates or after the election, until the candidate satisfies all reporting requirements of the School District Campaign Reporting Act and pays all penalties owed.
D. Any candidate who loses an election and who failed or refused to file a report of expenditures and contributions or a statement of no activity or to pay a penalty imposed by the secretary of state as required by the School District Campaign Reporting Act shall not be, in addition to any other penalties provided by law, permitted to file a declaration of candidacy or nominating petition for any future election until the candidate satisfies all reporting requirements of that act and pays all penalties owed.
History:
Laws 2013, ch. 180, § 7.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 180, § 11 made the School District Campaign Reporting Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22A - School District Campaign Reporting › Section 1-22A-8 - Civil penalties.

A. If the secretary of state reasonably believes that a person committed, or is about to commit, a violation of the School District Campaign Reporting Act, the secretary of state shall refer the matter to the attorney general or a district attorney for enforcement.
B. The attorney general or district attorney may institute a civil action in district court for any violation of the School District Campaign Reporting Act or to prevent a violation of that act that involves an unlawful solicitation or the making or acceptance of an unlawful contribution. An action for relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including a civil penalty of two hundred fifty dollars ($250) for each violation not to exceed five thousand dollars ($5,000), and forfeiture of any contribution received as a result of an unlawful solicitation or unlawful contribution. Each unlawful solicitation and each unlawful contribution made or accepted shall be deemed a separate violation of the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978].
C. The attorney general or district attorney may institute a civil action in district court if a violation has occurred or to prevent a violation of any provision of the School District Campaign Reporting Act other than that specified in Subsection B of this section. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of fifty dollars ($50.00) for each violation not to exceed five thousand dollars ($5,000).
History:
Laws 2013, ch. 180, § 8.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 180, § 11 made the School District Campaign Reporting Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22A - School District Campaign Reporting › Section 1-22A-9 - Penalties; criminal enforcement.

A. Any person who knowingly and willfully violates any provision of the School District Campaign Reporting Act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.
B. The School District Campaign Reporting Act may be enforced by the attorney general or the district attorney in the county where the candidate resides or where the violation occurred.
History:
Laws 2013, ch. 180, § 9.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 180, § 11 made the School District Campaign Reporting Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22A - School District Campaign Reporting › Section 1-22A-10 - Campaign funds; limitations on use.

It is unlawful for a candidate or the candidate's agent to make an expenditure of contributions received, except for the following purposes:
A. expenditures of the campaign;
B. donations to the state general fund;
C. donations to an organization to which a federal income tax deduction would be permitted under Subparagraph (A) of Paragraph (1) of Subsection (b) of Section 170 of the Internal Revenue Code of 1986, as amended;
D. expenditures to eliminate the campaign debt of the candidate for the office sought or expenditures incurred by the candidate when seeking election to another public office;
E. donations to a political committee or to another candidate seeking election to a public office that is subject to the reporting provisions of the School District Campaign Reporting Act or the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978]; or
F. disbursements to return unused funds pro rata to the contributors if no campaign debt exists.
History:
Laws 2013, ch. 180, § 10.
ANNOTATIONS
Cross references.
— For Section 170 of the Internal Revenue Code of 1986,
see
26 U.S.C. § 170.
Effective dates.
— Laws 2013, ch. 180, § 11 made the School District Campaign Reporting Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 23 - Mail Ballot Elections (Repealed.) › Section 1-23-1 - Repealed.

History:
Laws 1987, ch. 160, § 1; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 1-23-1 NMSA 1978, as enacted by Laws 1987, ch. 160, § 1, relating to the short title of the Mail Ballot Election Act, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 23 - Mail Ballot Elections (Repealed.) › Section 1-23-2 - Repealed.

History:
Laws 1987, ch. 160, § 2' repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 1-23-2 NMSA 1978, as enacted by Laws 1987, ch. 160, § 2, relating to definitions, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 23 - Mail Ballot Elections (Repealed.) › Section 1-23-3 - Repealed.

History:
Laws 1987, ch. 160, § 3; 1989, ch. 73, § 1; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 1-23-3 NMSA 1978, as enacted by Laws 1987, ch. 160, § 3, relating to election by all-mailed ballots, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 23 - Mail Ballot Elections (Repealed.) › Section 1-23-4 - Repealed.

History:
Laws 1987, ch. 160, § 4; 2011, ch. 137, § 106; pealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 1-23-4 NMSA 1978, as enacted by Laws 1987, ch. 160, § 4, relating to law governing, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 23 - Mail Ballot Elections (Repealed.) › Section 1-23-5 - Repealed.

History:
Laws 1987, ch. 160, § 5; 1989, ch. 73, § 2; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 1-23-5 NMSA 1978, as enacted by Laws 1987, ch. 160, § 5, relating to no polling place, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 23 - Mail Ballot Elections (Repealed.) › Section 1-23-6 - Repealed.

History:
Laws 1987, ch. 160, § 6; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 1-23-6 NMSA 1978, as enacted by Laws 1987, ch. 160, § 6, relating to notice to voters, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 23 - Mail Ballot Elections (Repealed.) › Section 1-23-6.1 - Repealed.

History:
1978 Comp., § 1-23-6.1, enacted by Laws 1991, ch. 105, § 43; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 1-23-6.1 NMSA 1978, as enacted by Laws 1991, ch. 105, § 43, relating to checklist of registered voters, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 23 - Mail Ballot Elections (Repealed.) › Section 1-23-7 - Repealed.

History:
Laws 1987, ch. 160, § 7; 1989, ch. 73, § 3; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 1-23-7 NMSA 1978, as enacted by Laws 1987, ch. 160, § 7, relating to mail ballot election not to be combined with other elections, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 24 - Special Elections › Section 1-24-1 - Short title; Special Election Act; application; prohibition.

A. Chapter 1, Article 24 NMSA 1978 may be cited as the "Special Election Act".
B. Notwithstanding any state or local laws to the contrary, the provisions of the Special Election Act govern the conduct of all special elections conducted by the state or any local public body.
C. No special election shall be held beginning the seventieth day prior to any statewide election and until:
(1) the one hundredth day following a general or regular local election; or
(2) the seventieth day following a major political party primary or an election to fill a vacancy in the office of united states representative.
History:
Laws 1989, ch. 295, § 1; 2018, ch. 79, § 38; 2019, ch. 212, § 153.
ANNOTATIONS
The 2019 amendment, effective April 3, 2019, revised the procedures for special elections; in the section heading, deleted "exception" and added "prohibition"; in Subsection B, after "conducted by the state or", deleted "a local government, except for ballot questions printed on a general election ballot or a ballot on which local governing body members are elected pursuant to the Local Election Act" and added "any local public body."; and added Subsection C.
The 2018 amendment,
effective July 1, 2018, provided a short title and statutory citation, and provided an exception to the provisions of the Special Election Act; in the section heading, after the section number, added "Short title", after "special election", deleted "procedures" and added "act", and after "application;", added "exception"; deleted "To the extent separate laws pertaining to the conduct of special elections by local governments or special districts or to the extent procedures are not specified under such separate laws for the conduct of special elections, the provisions of Sections 1 through 4 of this act shall apply" and added Subsections A and B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections §§ 278 et seq., 291, 317.
29 C.J.S. Elections, §§ 67, 70 to 75, 190 et seq.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 24 - Special Elections › Section 1-24-1.1 - Definition.

As used in the Special Election Act, "local public body" means:
A. a county;
B. a local government subject to the Local Election Act [Chapter 1, Article 22 NMSA 1978]; or
C. a special district not subject to the Local Election Act.
History:
Laws 2018, ch. 79, § 39; 1978 Comp., § 1-24-6 recompiled and amended as § 1-24-1.1 by Laws 2019, ch. 212, § 154.
ANNOTATIONS
The 2019 amendment,
replaced "local government" with "public body" as the defined term in the section; in the introductory clause, after "local" deleted "government" and added "public body".
Recompilations.
— Laws 2019, ch. 212, § 154 recompiled and amended former 1-24-6 NMSA 1978 as 1-24-1.1 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 24 - Special Elections › Section 1-24-4 - Special election procedures; election board; records.

A. Upon the filing in the office of the county clerk of a proclamation calling a special election, the county clerk shall appoint election boards for the special election pursuant to the provisions of Sections 1-2-6 through 1-2-18 NMSA 1978. The county clerk shall keep a log of how each person was notified and confirmation that the notice was received. Presiding judges and election judges on the election board for the special election shall be appointed from among those persons who served as election board members in a recent statewide election. The handling of mailed ballots returned to the county clerk in a special election shall be pursuant to the provisions of Section 1-6-14 NMSA 1978. The election board for the special election shall tally the votes for each ballot question in the special election ballot in the presence of the county clerk and any other person who may desire to be present; provided that such person does not interfere with the duties of the election board for the special election. After completion of the tally, the election board for the special election shall replace the ballots in the ballot boxes or ballot containers and lock the ballot boxes or ballot containers, and the election board for the special election shall certify for the county canvassing report the results of the special election.
B. The returns of the results of special elections are public documents, subject to retention and inspection pursuant to Section 1-12-69 NMSA 1978.
History:
Laws 1989, ch. 295, § 4; 2019, ch. 212, § 157.
ANNOTATIONS
The 2019 Amendment,
effective April 3, 2019, revised special election procedures; in the section heading, added "election board"; added Subsection A and new subsection designation "B."; and in Subsection B, after "The returns", deleted "and certificates", after "subject to", added "retention and", and after "inspection", deleted "during the customary hours and days of business. Poll books, signature rosters and tally books may be destroyed three years after the election to which they apply. The certificate of results of the canvass of the election shall, after three years, be placed on filed as a permanent record in the records center" and added "pursuant to Section 1-12-69 NMSA 1978".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 24 - Special Elections › Section 1-24-5 - Special election procedures; costs of election; prohibition on nongovernmental entities.

A. The costs of conducting a special election shall be paid for by the state or local public body calling for the election.
B. When the proclamation is issued by:
(1) the secretary of state, the state shall pay all costs of the special election, including reasonable costs incurred by each county clerk; and
(2) a local public body:
(a) unless the local public body has made appropriate arrangements with the county clerk by means of a written memorandum of understanding or has provided the county clerk with written documentation that the local public body has made arrangements for payment with an election vendor, the local public body shall deposit the estimated actual amount for all costs associated with the conduct of the special local election with the county clerk no later than forty-nine days before the special local election; and if multiple local public bodies jointly conduct a special local election, each local public body shall post a pro rata share of the estimated actual cost of conducting the special local election;
(b) a county clerk may refuse to print or mail ballots for a special local election if the estimated actual cost of the election has not been deposited with the county clerk no later than forty-nine days before the special local election and the local public body has not made appropriate arrangements with the county clerk by means of a written memorandum of understanding;
(c) within sixty days following the special local election, the county clerk shall provide an accounting of expenses along with a refund for any funds not expended or a bill for the remainder of the expenses to be paid by the local public body within ninety days following the special local election; and
(d) the secretary of state shall maintain current on the secretary's website guidance for calculating the estimated actual cost of a special local election.
C. No individual, corporation, person, political action committee or other nongovernmental entity shall pay for or reimburse the state or a local public body for the costs associated with conducting a special election. Upon a finding of a violation of this subsection, the district court shall nullify the votes cast in the special election and shall void the result of the special election.
History: Laws 2018, ch. 79, § 42; 2019, ch. 212, § 158.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, revised certain provisions related to responsibility for costs of an election; in Subsection A, after "local", deleted "government" and added "public body"; added a new Subsection B and redesignated former Subsection B as Subsection C; and in Subsection C, after "local", deleted "government" and added "public body".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 24 - Special Elections › Section 1-24-6 - Recompiled.

History:
Laws 2018, ch. 79, § 39; 1978 Comp., § 1-24-6 recompiled and amended as § 1-24-1.1 by Laws 2019, ch. 212, § 154.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 154 recompiled and amended former 1-24-6 NMSA 1978 as 1-24-1.1 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 25 - Recall › Section 1-25-1 - Short title.

Chapter 1, Article 25 NMSA 1978 may be cited as the "Recall Act".
History:
1953 Comp., § 77-4A-1, enacted by Laws 1977, ch. 308, § 1; 2018, ch. 79, § 89; 1978 Comp., § 22-7-1, recompiled and amended as § 1-25-1 by Laws 2019, ch. 212, § 159.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, 159 recompiled and amended former 22-7-1 NMSA 1978 as 1-25-1 NMSA 1978, effective April 3, 2019.
The 2019 amendment,
effective April 3, 2019, changed the name of the "Local School Board Member Recall Act" to the "Recall Act" and deleted "Chapter 22, Article 7" and added "Chapter 1, Article 25".
The 2018 amendment,
effective July 1, 2018, changed "This act" to "Chapter 22, Article 7 NMSA 1978".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 25 - Recall › Section 1-25-3 - Recall; elected officials subject to recall; limitations.

A. An elected official of the following local jurisdictions is subject to recall pursuant to the provisions of the Recall Act:
(1) a school district, pursuant to Article 12, Section 14 of the constitution of New Mexico;
(2) a county, pursuant to Article 10, Section 9 of the constitution of New Mexico;
(3) a commission-manager municipality, pursuant to Section 3-14-16 NMSA 1978; and
(4) a home rule municipality, if the charter of the home rule municipality provides for recall of elective officers and notwithstanding any election provisions or procedures in the laws of the municipality that may conflict with the Recall Act; provided that if the recall procedures of a home rule municipality provide greater due process than the Recall Act, the recall procedures of the home rule municipality shall be utilized in place of the due process procedures of the Recall Act.
B. Recall of elected officials of the local jurisdictions listed in Subsection A of this section is subject to the following limitations:
(1) the cited grounds for recall shall be based upon acts or failures to act constituting malfeasance in office, misfeasance in office or violation of oath of office occurring during the current term of the named official sought to be recalled;
(2) no petition for recall of a named official shall be submitted more than once during the same term of office to which the official is elected; and
(3) an election to recall a named official shall not be conducted:
(a) later than one hundred eighty days from the end of the term for the office for which the recall of a named official is sought, in the case of any office subject to recall; and
(b) after May 1 in the calendar year in which an election is to be held for the office for which the recall of a named official is sought, in the case of a county official who is a candidate for reelection.
History:
1953 Comp., § 77-4A-4, enacted by Laws 1977, ch. 308, § 4; 1978 Comp., §22-7-4, recompiled and amended as § 1-25-3 by Laws 2019, ch. 212, § 161.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 161 recompiled and amended former 22-7-4 NMSA 1978 as 1-25-3 NMSA 1978, effective April 3, 2019.
The 2019 amendment,
effective April 3, 2019, completely rewrote the section; in the section heading, deleted "Members" and added "Recall; elected officials" and added "limitations"; deleted "Any elected member of the local school board of any school district may be recalled as provided in the Local School Board Member Recall Act" and added Subsections A and B.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 25 - Recall › Section 1-25-5 - Recall; responsibilities of petitioner.

The petitioner shall complete the following portions of the face sheet:
A. name of the named official;
B. name of the local jurisdiction in which the named official has been elected;
C. name of the individual, group or organization initiating the petition; and
D. the specific charges to support recall of the named official, which shall constitute malfeasance in office, misfeasance in office or violation of oath of office.
History:
1953 Comp., § 77-4A-8, enacted by Laws 1977, ch. 308, § 8; 1985, ch. 169, § 4; 1978 Comp., § 22-7-8, recompiled and amended as § 1-25-5 by Laws 2019, ch. 212, §163.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 163 recompiled and amended former 22-7-8 NMSA 1978 as 1-25-5 NMSA 1978, effective April 3, 2019.
The 2019 amendment,
effective April 3, 2019, revised the responsibilities of the petitioner in a recall proceeding; in the section heading, added "RECALL"; deleted former Subsection A and subsection designation "B." and redesignated former Paragraph B(1) as Subsection A; added new Subsection B and redesignated former Paragraph B(2) as Subsection C and deleted former Subsection C and added new subsection designation "D."; and deleted former Subsections D through F.
Premature signing of affidavit.
— Canvassers signed affidavits prior to obtaining signatures, in the mistaken belief that this was necessary before the circulation of the petitions could begin. These premature signatures of the affidavits did not invalidate the petitions or the results of the recall election.
Montoya v. Lopez
, 1983-NMSC-024, 99 N.M. 448, 659 P.2d 900.
Improper motive as component of misfeasance.
— When a public officer has a right to perform an act which is discretionary, the manner in which the discretion is exercised does not rise to the level of misfeasance unless the discretion is exercised with an improper or corrupt motive; therefore where the school board engaged in a site selection process spanning approximately two years, including consideration of 15 sites and a myriad of relevant factors, and nothing in the record indicated that any of the challenged board members acted out of an improper or corrupt motive, there was no misfeasance.
CAPS v. Board Members
, 1992-NMSC-035, 113 N.M. 729, 832 P.2d 790.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 25 - Recall › Section 1-25-8 - Recall; affidavit with petition; penalty.

A. When submitted to the county clerk, each petition shall have a notarized affidavit attached. The affidavit shall state that the canvasser circulated that particular petition and witnessed each signature and any other information recorded on the petition.
B. According to the best information and belief of the canvasser, the canvasser shall ensure the following:
(1) each signature is the signature of the person whose name it purports to be;
(2) each signer is a registered voter of the local jurisdiction listed on the petition;
(3) each signature was obtained on or after the filing date; and
(4) each signer had an opportunity to read the information on the completed face sheet or an exact duplicate thereof.
C. Any knowingly false statement made in the affidavit constitutes a fourth degree felony.
History:
1953 Comp., § 77-4A-7, enacted by Laws 1977, ch. 308, § 7; 1985, ch. 169, § 3; 1978 Comp., § 22-7-7, recompiled and amended as § 1-25-8 by Laws 2019, ch. 212, § 166.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 166 recompiled and amended former 22-7-7 NMSA 1978 as 1-25-8 NMSA 1978, effective April 3, 2019.
The 2019 amendment,
effective April 3, 2019, revised the contents of the affidavit required to be attached to a recall petition; in the section heading, added "Recall"; in Subsection A, after "canvasser", deleted "is a registered voter of the district and that the canvasser"; and in Subsection B, in Paragraph B(2), after "vote of the", deleted "county and school district" and added "local jurisdiction", and in Paragraph B(3), after "on or after the", added "filing" and after "date", deleted "of initiation".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 25 - Recall › Section 1-25-10 - Recall; limitation on appeals of validity of recall petition.

A. Any person filing any court action challenging a recall petition provided for in the Recall Act shall do so within seven days after the determination of the county clerk as to whether sufficient signatures have been submitted. Challenges to the recall petition shall be directed to:
(1) the validity of the signatures on the petitions; or
(2) the determination of the county clerk as to the minimum number of signatures.
B. Within ten days after the filing of the action, the district court shall hear and render a decision on the matter. The decision shall be appealable only to the supreme court, and notice of appeal shall be filed within five days after the decision of the district court. The supreme court shall hear and render a decision on the appeal forthwith.
History:
1953 Comp., § 77-4A-12, enacted by Laws 1977, ch. 308, § 12; 1979, ch. 277, § 2; 1985, ch. 169, § 7; 1978 Comp., § 22-7-12, recompiled and amended as § 1-25-10 by Laws 2019, ch. 212, § 168.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 168 recompiled and amended former 22-7-12 NMSA 1978 as 1-25-10 NMSA 1978, effective April 3, 2019.
The 2019 amendment,
effective April 3, 2019, revised the procedures for challenging a recall petition; in the section heading, added "petition"; in Subsection A, in the introductory clause, after "for in the", deleted "Local School Board Member", after "within", deleted "ten" and added "seven", after "county clerk as", deleted "set forth in Section 22-7-9 NMSA 1978" and added "to whether sufficient signatures have been submitted", and deleted Paragraph A(3); added new subsection designation "B." and deleted former Subsection B.
Standing.
— Sections 22-7-9.1 and 22-7-12 NMSA 1978 do not authorize local school board members facing a recall petition to challenge the form of the petition.
Do a Ana Cnty. Clerk v. Martinez
, 2005-NMSC-037, 138 N.M. 575, 124 P.3d 210.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 25 - Recall › Section 1-25-12 - Recall; expenses.

Following a decision of the district court, if the county clerk proceeds to initiate proceedings for a recall election as a special local election, the local jurisdiction shall ensure payment of the cost of the recall election as provided in the Special Election Act [Chapter 1, Article 24 NMSA 1978].
History:
1953 Comp., § 77-4A-5, enacted by Laws 1977, ch. 308, § 5; 1985, ch. 169, § 2; 1978 Comp., §22-7-5, recompiled and amended as § 1-25-12 by Laws 2019, ch. 212, § 170.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 170 recompiled and amended former 22-7-5 NMSA 1978 as 1-25-12 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 25 - Recall › Section 1-25-13 - Recall; vacancy.

A. The vacancy created by a recalled official shall be filled as provided by law for vacancies in office for the local jurisdiction.
B. Under no circumstances may a recalled official be appointed to fill any vacancy for the remainder of the term of office for which the recalled official was elected and from which the official was recalled.
History:
1953 Comp., § 77-4A-14, enacted by Laws 1977, ch. 308, § 14; 1978 Comp., § 22-7-14, recompiled and amended as § 1-25-13 by Laws 2019, ch. 212, § 171.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 171 recompiled and amended former 22-7-14 NMSA 1978 as 1-25-13 NMSA 1978, effective April 3, 2019.
The 2019 amendment,
effective April 3, 2019, provided that vacancies created by a recalled official shall be filled as provided by law for vacancies in office for the local jurisdiction; in the section heading, added "Recall"; in Subsection A, after "as provided in", deleted "in Section 77-4-6 NMSA 1953" and added "by law for vacancies in office for the local jurisdiction"; and in Subsection B, after "was elected", added "and from which the official was recalled".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 26 - Nonpartisan Judicial Retention › Section 1-26-1 - Short title.

Sections 172 through 177 [1-26-1 to 1-26-6 NMSA 1978] of this act may be cited as the "Nonpartisan Judicial Retention Act".
History:
Laws 2019, ch. 212, § 172.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
Temporary provisions.
— Laws 2019, ch. 212, § 279 provided that:
A. The term of a district court judge in any judicial district serving in a division numbered 2 or every third number thereafter that was set to expire on December 31, 2020 shall expire on December 31, 2022, subject to the provisions of the Nonpartisan Judicial Retention Act and Article 6 of the constitution of New Mexico.
B. The term of a district court judge in any judicial district serving in a division numbered 3 or every third number thereafter that was set to expire on December 31, 2020 shall expire on December 31, 2024, subject to the provisions of the Nonpartisan Judicial Retention Act and Article 6 of the constitution of New Mexico.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 26 - Nonpartisan Judicial Retention › Section 1-26-2 - Judicial retention; eligibility for retention; definitions.

A. A justice of the supreme court, judge of the court of appeals, district court judge or metropolitan court judge is eligible for nonpartisan judicial retention after the justice or judge has first been elected to that position in a partisan election.
B. In the last year of the term of office for the position to which an eligible justice or eligible judge was elected in a partisan election or by a previous nonpartisan retention election, the eligible justice or judge desiring to continue to serve in that position shall be subject to a nonpartisan judicial retention election as provided in the Nonpartisan Judicial Retention Act.
C. Declarations of candidacy for nonpartisan judicial retention for the supreme court, court of appeals, district court or metropolitan court shall be filed with the proper filing officer between the hours of 9:00 a.m. and 5:00 p.m. on the twenty-third day after the primary election.
D. Each declaration of candidacy for nonpartisan judicial retention shall be delivered for filing in person by the eligible justice or judge therein named or by a person acting by virtue of written authorization. The proper filing officer shall not accept for filing from any one individual more than one declaration of candidacy for nonpartisan judicial retention.
E. As used in the Nonpartisan Judicial Retention Act, "eligible justice" or "eligible judge" means a justice or judge who has been elected to that position in a partisan election.
History:
Laws 2019, ch. 212, § 173.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 26 - Nonpartisan Judicial Retention › Section 1-26-3 - Judicial retention; supreme court justices.

A. Each eligible justice of the supreme court shall be subject to retention or rejection at the general election in the last year of the eight-year term of office for the position in which the justice is serving.
B. Terms of office for positions on the supreme court shall be staggered so that at least one term of office shall expire each even-numbered year; provided that no more than two terms of office shall expire in the same year.
C. The administrative office of the courts shall maintain current on its website a list of the names of the currently serving justices of the supreme court and the year in which the term of office for each position on the supreme court expires.
History:
Laws 2019, ch. 212, § 174.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 26 - Nonpartisan Judicial Retention › Section 1-26-4 - Judicial retention; appeals court judges.

A. Each eligible judge of the court of appeals shall be subject to retention or rejection at the general election in the last year of the eight-year term of office for the position in which the judge is serving.
B. Terms of office for positions on the court of appeals shall be staggered so that at least two terms of office shall expire each even-numbered year; provided that no more than three terms of office shall expire in the same year.
C. The administrative office of the courts shall maintain current on its website a list of the names of the currently serving judges of the court of appeals and the year in which the term of office for each position on the court of appeals expires.
History:
Laws 2019, ch. 212, § 175.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 1 - Members of Legislature › Section 2-1-1 - [Resignation of members.]

Any member of the legislature of the state of New Mexico may resign his office by filing a written statement of such resignation with the secretary of state of New Mexico, and upon the filing of such resignation, the office of senator or representative filled by the person so resigning shall become vacant.
History:
Laws 1919, ch. 22, § 1; C.S. 1929, § 134-101; 1941 Comp., § 2-101; 1953 Comp., § 2-1-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Cross references.
— For organization of legislature,
see
N.M. Const., art. IV.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81A C.J.S. States § 43.