Chapter 1 — Chapter 1
822 sections in this chapter.
NMSA 1978, § 1-1-1 Election Code
0.1K chars
Chapter 1 NMSA 1978 may be cited as the "Election Code". History: 1953 Comp., § 3-1-1, enacted by Laws 1969, ch. 240, § 1; 1975, ch. 255, § 1.
NMSA 1978, § 1-1-1.1 Purpose of [Election] Code
0.4K chars
It is the purpose of the Election Code [Chapter 1 NMSA 1978] to secure the secrecy of the ballot, the purity of elections and guard against the abuse of the elective franchise. It is also the purpose of the Election Code to provide for efficient administration and conduct of elec…
NMSA 1978, § 1-1-10 Qualified political party
0.3K chars
As used in the Election Code [Chapter 1 NMSA 1978], "qualified political party" means a political party that has complied with the provisions of Section 1-7-2 NMSA 1978. History: 1953 Comp., § 3-1-9, enacted by Laws 1969, ch. 240, § 9; 1977, ch. 222, § 3; 1981, ch. 140, § 1; 1989…
NMSA 1978, § 1-1-11 Precinct
0.2K chars
As used in the Election Code, "precinct" means a designated division of a county for election and redistricting purposes. History: 1953 Comp., § 3-1-10, enacted by Laws 1969, ch. 240, § 10; 2019, ch. 212, § 5.
NMSA 1978, § 1-1-12 Consolidated precinct
0.6K chars
A. As used in the Election Code, "consolidated precinct" means a single precinct or the combination of two or more precincts into one polling place for the purpose of establishing a voter convenience center pursuant to the provisions of Section 1-3-4 NMSA 1978. B. When consolidat…
NMSA 1978, § 1-1-13 Election board
0.4K chars
As used in the Election Code, "election board" means the judges of election in accordance with Article 7, Section 1 of the constitution of New Mexico and the election clerks that are appointed pursuant to Section 1-2-12 NMSA 1978 and serving in a polling place or tallying ballots…
NMSA 1978, § 1-1-14 Publication
1.1K chars
A. As used in the Election Code, "publication", unless otherwise provided in the constitution of New Mexico or the Election Code, means publication for the required number of times in a newspaper of general circulation in the county. "Publication in Spanish" means publication for…
NMSA 1978, § 1-1-15 Posting
0.7K chars
A. As used in the Election Code, "posting" means posting from the date a posting is required until forty-five days after adjournment of the state or county canvassing board or until forty-five days following any recount, contest or other judicial inquiry, whichever is later. B. A…
NMSA 1978, § 1-1-16 Registration officer
0.5K chars
As used in the Election Code, "registration officer" means the secretary of state, a county clerk, a clerk's authorized deputy, a clerk-authorized member of an election board or a state employee performing registration duties in accordance with the federal National Voter Registra…
NMSA 1978, § 1-1-16.1 Registration agent
0.3K chars
As used in the Election Code [Chapter 1 NMSA 1978], "registration agent" means a state or federal employee who provides voter registration at a state agency, or a tribal registration agent office, or any other individual who assists another person in completion of a voter registr…
NMSA 1978, § 1-1-16.2 New registrant
0.2K chars
As used in the Election Code [Chapter 1 NMSA 1978], "new registrant" means a person who was not registered to vote in the state at the time the person registered to vote. History: Laws 2005, ch. 270, § 2.
NMSA 1978, § 1-1-17 Person authorized to administer oaths
0.3K chars
As used in the Election Code [Chapter 1 NMSA 1978], "person authorized to administer oaths" means any person empowered by the laws of any state, the federal government or of any foreign country to administer oaths. History: 1953 Comp., § 3-1-16, enacted by Laws 1969, ch. 240, § 1…
NMSA 1978, § 1-1-18 Oath includes affirmation
0.3K chars
As used in the Election Code [Chapter 1 NMSA 1978], "oath" includes affirmation in all cases where an affirmation may be substituted for an oath, and in like cases the word "swear" includes affirm. History: 1953 Comp., § 3-1-17, enacted by Laws 1969, ch. 240, § 18.
NMSA 1978, § 1-1-19 Elections covered by code
0.8K chars
A. The Election Code applies to the following: (1) general elections; (2) primary elections; (3) special elections; (4) elections to fill vacancies in the office of United States representative; (5) local elections included in the Local Election Act; and (6) recall elections of c…
NMSA 1978, § 1-1-2 Headings
0.2K chars
Article and section headings do not in any manner affect the scope, meaning or intent of the provisions of the Election Code [Chapter 1 NMSA 1978]. History: 1953 Comp., § 3-1-2, enacted by Laws 1969, ch. 240, § 2.
NMSA 1978, § 1-1-2.1 Ballot box key
0.2K chars
As used in the Election Code, "ballot box key" means: A. a physical key that opens a lock used to secure a ballot box; or B. the number on a numbered seal affixed to secure a ballot box. History: Laws 2011, ch. 137, § 3.
NMSA 1978, § 1-1-20 Major fractions
0.3K chars
In any place in the Election Code [Chapter 1 NMSA 1978] requiring counting or computation of numbers, any fraction or decimal greater than one-half of a whole number shall be counted as a whole number. History: 1978 Comp., § 1-1-20, enacted by Laws 1979, ch. 378, § 2.
NMSA 1978, § 1-1-21 County chairman
0.4K chars
In the event that a county chairman is designated a duty under the Election Code [Chapter 1 NMSA 1978] and a political party in a county does not have a county chairman to carry out the designated duty and where there are no other provisions delegating the duty assigned to the co…
NMSA 1978, § 1-1-22 Computation of time; deadlines
0.4K chars
For the purpose of the Election Code, time periods of less than eleven days shall be computed as calendar days; provided, however, that if an actual deadline falls on a weekend or state-recognized holiday, the next business day shall be the deadline, unless the deadline is expres…
NMSA 1978, § 1-1-23 Unique identifier
0.3K chars
As used in the Election Code [Chapter 1 NMSA 1978], "unique identifier" means a randomly generated series of numbers, letters or symbols assigned to a voter, which shall not be the voter's social security number or date of birth. History: Laws 2005, ch. 270, § 5; 2007, ch. 337, §…
NMSA 1978, § 1-1-24 Required voter identification
1.0K chars
As used in the Election Code [Chapter 1 NMSA 1978], "required voter identification" means any of the following forms of identification as chosen by the voter: A. a physical form of identification, which may be: (1) an original or copy of a current and valid photo identification w…
NMSA 1978, § 1-1-25 Voter information
0.3K chars
As used in the Election Code [Chapter 1 NMSA 1978], "voter information" means a document containing the person's name, address and precinct number that is issued by the county clerk or the secretary of state. History: Laws 2005, ch. 270, § 7; 2007, ch. 337, § 5.
NMSA 1978, § 1-1-26 Petitions; nominations; requirements before signed by voters;
1.3K chars
invalidated petitions. A. The following information shall be listed in the appropriate space at the top of a nominating petition before the petition has been signed by a voter: (1) the candidate's name as it appears on the candidate's certificate of registration; (2) the address …
NMSA 1978, § 1-1-27 Public records; disclosure-procedure
0.6K chars
A. Where the Election Code provides for disclosure or nondisclosure of public records relating to elections, the provisions of the Election Code shall apply, and the provisions of the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] shall not be applicable to th…
NMSA 1978, § 1-1-27.1 Public official home address confidentiality; rulemaking
0.7K chars
The secretary of state shall promulgate rules to allow an elected or appointed public official to designate as confidential the public official's home address as stated in election- and financial-related disclosures filed with the secretary of state or county clerks. A home addre…
NMSA 1978, § 1-1-28 Real-time synchronization
0.2K chars
As used in the Election Code, "real-time synchronization" means that the internet connection at a voting location is able to synchronize voting data with the office of the county clerk in real time. History: Laws 2023, ch. 39, § 2.
NMSA 1978, § 1-1-29 Under color of law
0.3K chars
As used in the Election Code, "under color of law" means acting or purporting to act in the performance of official duties, under the authority of a statute, ordinance, regulation, proclamation or order of the United States or this state. History: 1978 Comp., § 1-1-29, enacted by…
NMSA 1978, § 1-1-3 "Shall" and "may"
0.2K chars
As used in the Election Code [Chapter 1 NMSA 1978], "shall" is mandatory and "may" is permissive. History: 1953 Comp., § 3-1-3, enacted by Laws 1969, ch. 240, § 3.
NMSA 1978, § 1-1-3.1 Election cycle
0.6K chars
Except as otherwise provided, as used in the Election Code: A. "election cycle" means the period beginning on January 1 after the last general election and ending on December 31 after the general election; B. "general election cycle" means the period beginning on the day after th…
NMSA 1978, § 1-1-3.2 Election observer
0.3K chars
As used in the Election Code, "election observer" means a person registered with the United States department of state as an international election observer or a person registered with the New Mexico secretary of state who is an academic engaged in research on elections and the e…
NMSA 1978, § 1-1-3.3 Election-related organization
0.4K chars
As used in the Election Code, "election-related organization" means an organization registered with the secretary of state that is involved in election monitoring or voter turnout activities, but does not include a qualified political party in an election in which the political p…
NMSA 1978, § 1-1-30 Peace officer
0.4K chars
As used in the Election Code, "peace officer" means any full-time salaried or certified part- time salaried officer of a police or sheriff's department that is part of or administered by the state or any political subdivision of the state who by virtue of office or public employm…
NMSA 1978, § 1-1-4 Qualified elector
0.6K chars
A. As used in the Election Code and rules promulgated by the secretary of state, "qualified elector" means any resident of this state who is qualified to vote under the provisions of the constitution of New Mexico and the constitution of the United States and includes any qualifi…
NMSA 1978, § 1-1-4.1 Federal qualified elector
0.2K chars
As used in the Election Code, "federal qualified elector" means: A. a uniformed-service voter; or B. an overseas voter. History: Laws 2015, ch. 145, § 1.
NMSA 1978, § 1-1-5 Voter
0.3K chars
As used in the Election Code, "voter" means any qualified elector or federal qualified elector who is registered to vote under the provisions of the Election Code. History: 1953 Comp., § 3-1-5, enacted by Laws 1969, ch. 240, § 5; 2011, ch. 137, § 6; 2015, ch. 145, § 4; 2019, ch. …
NMSA 1978, § 1-1-5.1 Early voter
0.2K chars
As used in the Election Code [Chapter 1 NMSA 1978], "early voter" means a voter who votes in person before election day, and not by mail. History: Laws 2003, ch. 357, § 7.
NMSA 1978, § 1-1-5.10 Qualified resident
0.3K chars
As used in the Election Code, "qualified resident" means an individual who is under the age of eighteen and, except for the age requirement, otherwise satisfies the state's voter eligibility requirements as a qualified elector or a federal qualified elector. History: Laws 2019, c…
NMSA 1978, § 1-1-5.11 Special election
0.2K chars
As used in the Election Code, "special election" means an election at which only ballot questions are considered and that is held at a time other than a statewide election. History: Laws 2019, ch. 212, § 16.
NMSA 1978, § 1-1-5.12 Statewide election
0.3K chars
As used in the Election Code, "statewide election" means: A. a general election; B. a political party primary; C. a regular local election; or D. with respect to the applicable counties and precincts, an election called to fill a vacancy in the office of United States representat…
NMSA 1978, § 1-1-5.13 United States
0.3K chars
As used in the Election Code, "United States" means the several states and the District of Columbia, but does not mean Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. History: Laws 2019, ch. 21…
NMSA 1978, § 1-1-5.2 Definition of a vote; machine-tabulated; hand-tallied; write-in
2.2K chars
A. For a candidate contest or ballot question that is machine-tabulated on a vote tabulation system certified for use in this state, a vote shall be counted if the: (1) voter's selection of a candidate or answer to a ballot question is indicated in the voting response area of the…
NMSA 1978, § 1-1-5.3 Overseas voter
1.1K chars
As used in the Election Code, "overseas voter" means an individual who is a United States citizen, who is outside the United States and who: A. is temporarily absent from the individual's residence in this state; B. before leaving the United States, was last eligible to vote in t…
NMSA 1978, § 1-1-5.4 Uniformed-service voter
1.3K chars
As used in the Election Code, "uniformed-service voter" means an individual who is a United States citizen, whose voting residence is in this state, who otherwise satisfies this state's voter eligibility requirements and who is: A. a member of the active or reserve components of …
NMSA 1978, § 1-1-5.5 Power of attorney; prohibited use
0.3K chars
A power of attorney or other form of proxy is not valid for use by a person in any procedure or transaction concerning elections, including voter registration, petition signature, voter- registration cancellation, absentee ballot requests or voting another person's ballot. Histor…
NMSA 1978, § 1-1-5.6 Ballot question
0.3K chars
As used in the Election Code, "ballot question" means a question submitted to the voters of the state or a local government on a ballot pursuant to the provisions of the Election Code and does not include a candidate nomination, election contest or nonpartisan judicial retention …
NMSA 1978, § 1-1-5.7 County
0.2K chars
As used in the Election Code, "county" means a county in this state, including a combined city and county corporation, incorporated county, urban county or single urban government. History: Laws 2019, ch. 212, § 11.
NMSA 1978, § 1-1-5.8 Municipality
0.3K chars
As used in the Election Code, "municipality" means an incorporated city, town or village, whether incorporated under general act, special act, special charter or territorial charter, but does not mean a combined city and county corporation, an incorporated county or a single urba…
NMSA 1978, § 1-1-5.9 Proper filing officer
0.6K chars
As used in the Election Code, "proper filing officer" means, for the purposes of filing: A. reports required by the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978] and the School District Campaign Reporting Act [1-22A-1 to 1-22A-10 NMSA 1978], the secretary of state; B. dec…
NMSA 1978, § 1-1-6 Recheck and recount
0.8K chars
As used in the Election Code [Chapter 1 NMSA 1978]: A. "recheck" pertains to electronic vote tabulating systems and means a verification procedure whereby a printout of the electronic record of votes cast in an election is made from each electronic memory device in the electronic…
NMSA 1978, § 1-1-7 Residence; rules for determining
2.0K chars
For the purpose of determining residence for voting, the place of residence is governed by the following rules: A. the residence of a person is that place in which his habitation is fixed, and to which, whenever he is absent, he has the intention to return; B. the place where a p…