657 sections in this chapter.
NMSA 1978, § 1-3-7 Polling places
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A. No less than one polling place shall be provided for each precinct that is not a mail ballot election precinct; provided that in a local election, a precinct that lies partly within and partly without a district may be located in a single polling place and use a single electio…
NMSA 1978, § 1-3-7.1 Additional polling places
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In the interest of the convenience of the voters and providing accessibility to the polling place, the board of county commissioners may create additional polling places within the precinct upon their own action or upon receipt of a petition signed by at least ten percent of the …
NMSA 1978, § 1-3-8 Precinct changes; notice and publication
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Upon the adoption of any resolution, or upon the final action of any district court upon a petition creating, abolishing, dividing or consolidating any precinct, or changing any precinct boundary, or changing any designated polling place, the board of county commissioners shall: …
NMSA 1978, § 1-3-9 Precincts; exclusions
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As used in Chapter 1, Article 3 NMSA 1978, "precinct" shall not include absent voter precinct. History: 1953 Comp., § 3-3-10, enacted by Laws 1975, ch. 255, § 33; 1991 (1st S.S.), ch. 6, § 5.
NMSA 1978, § 1-3A-1 Short title
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Sections 2 through 10 [1-3A-1 to 1-3A-10 NMSA 1978] of this act may be cited as the "Redistricting Act". History: Laws 2021, ch. 79, § 2.
NMSA 1978, § 1-3A-2 Definitions
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As used in the Redistricting Act: A. "committee" means the citizen redistricting committee; B. "community of interest" means a contiguous population that shares common economic, social or cultural interests; C. "district plan" means an entire plan of single-member districts for e…
NMSA 1978, § 1-3A-3 Citizen redistricting committee created; membership; terms
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A. The "citizen redistricting committee" is created. B. The committee is composed of seven members, appointed, with due regard to the cultural and geographic diversity of the state, as follows: (1) one member appointed by the speaker of the house of representatives; (2) one membe…
NMSA 1978, § 1-3A-4 Members; qualifications; limitations
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A. To qualify for appointment to the committee, a person shall: (1) be a qualified elector of New Mexico and a voter; and (2) not be, or in the two years prior to appointment have been, in New Mexico, any of the following: (a) a public official; (b) a candidate for public office;…
NMSA 1978, § 1-3A-5 Committee; duties
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A. Beginning July 1, 2021, and every August 1 of each year ending in the number zero thereafter, the committee shall: (1) no later than October 30, 2021, or as soon thereafter as practicable, and September 1 of each year ending in the number one thereafter, adopt three district p…
NMSA 1978, § 1-3A-6 Committee meetings before proposing district plans
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A. Before the committee issues proposed district plans for public comment, the committee shall hold no fewer than six public meetings at which the committee shall receive testimony, documents and information regarding the identification of communities of interest and other testim…
NMSA 1978, § 1-3A-7 District plans; requirements and prohibitions
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A. The committee shall develop district plans in accordance with the following provisions: (1) congressional districts shall be as equal in population as practicable; (2) state districts shall be substantially equal in population; no plans for state office will be considered that…
NMSA 1978, § 1-3A-8 Committee adoption of district plans
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The committee shall adopt at a minimum three district plans for each of New Mexico's congressional districts, the state house of representatives, the state senate and other state offices required to be redistricted at an open meeting. After the committee adopts the district plans…
NMSA 1978, § 1-3A-9 Legislative selection of district plans
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A. The committee shall deliver its adopted district plans and accompanying written evaluations and all accompanying concise explanatory statements to the legislature by October 30, 2021, or as soon thereafter as practicable, and September 1 of each year ending in the number one t…
NMSA 1978, § 1-4-1 Registration required
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No person shall vote at any election unless he is registered as required by the Election Code [Chapter 1 NMSA 1978]. No ballot of any unregistered or otherwise unqualified elector shall be cast, counted or canvassed. History: 1953 Comp., § 3-4-1, enacted by Laws 1969, ch. 240, § …
NMSA 1978, § 1-4-1.1 Authorization to verify voter registration information;
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investigation and reconciliation. A. The secretary of state may: (1) provide to the chief election officer of another state or a consortium of chief election officers of other states information that is requested, including social security numbers, dates of birth, driver's licens…
NMSA 1978, § 1-4-11 Duties of county clerk; upon receipt of certificates
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A. Upon receipt of a complete certificate of registration, if the certificate of registration is in proper form, the county clerk shall determine if the qualified elector applying for registration is already registered in the registration records of the county. If the qualified e…
NMSA 1978, § 1-4-12 Duties of county clerk; filing of certificates
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A. Certificates of registration, if in proper form, shall be processed and filed by the county clerk as follows: (1) a voter information document shall be delivered or mailed to the voter; and (2) the original certificate shall be filed alphabetically by surname and inserted into…
NMSA 1978, § 1-4-13 Change of name; correcting error
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A. Any voter who changes his name or discovers an error in his certificate of registration may have the name on his certificate changed or the error corrected by filing an application to change the certificate of registration. B. The application to change the certificate of regis…
NMSA 1978, § 1-4-15 Registration; change of party affiliation
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A. A voter may change the voter's designated party affiliation by executing a new certificate of registration indicating the change of party affiliation. B. A voter who has previously declined to designate a party affiliation on the voter's certificate of registration but who des…
NMSA 1978, § 1-4-16 Registration; when party affiliation shall not be made
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A. No designation of party affiliation shall be made or changed on an existing certificate of registration at any time during which registration is closed. B. Every person appearing as a candidate on the primary or general election ballot shall be a candidate only under the name …
NMSA 1978, § 1-4-17 Registration; change of residence within same county
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A. A voter who has changed his residence within the same county shall complete a certificate of registration to change his registered residence address or file a change of residence notification with the county clerk on a postcard-type form, approved by the secretary of state. B.…
NMSA 1978, § 1-4-18 Change of registered residence to another county
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When a voter changes the voter's registered residence address from one county in this state to another county in this state, the voter shall complete a new certificate of registration and file it with the appropriate county clerk. History: 1953 Comp., § 3-4-16, enacted by Laws 19…
NMSA 1978, § 1-4-18.1 Online voter registration
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A. A person may complete a certificate of registration in person or by mail. In addition, the secretary of state shall, not later than January 1, 2016, allow a voter to submit an update to an existing certificate of registration and, not later than July 1, 2017, allow a qualified…
NMSA 1978, § 1-4-19 Registration; transfer upon creation or change of precincts; notice
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to voters. A. When a new precinct is created or the boundaries of an existing precinct are changed, the board of county commissioners shall notify the county clerk of such action. B. Upon receipt of the notice, the county clerk shall reflect such change on the voter file and mail…
NMSA 1978, § 1-4-2 Registration of qualified residents; right to vote in primary
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A. Any qualified resident of New Mexico shall be permitted within the provisions of the Election Code to submit a voter registration certificate in paper form, through the online voter registration portal provided by the secretary of state, electronically when conducting an in- p…
NMSA 1978, § 1-4-21 Refusal of registration; appeal
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A qualified elector whose registration has been refused or the county chairman of any major political party who alleges that certain persons are qualified electors but have been refused registration may bring an appeal regarding the refused registration pursuant to the provisions…
NMSA 1978, § 1-4-22 Cancellation of registration; petition to district court
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A. At any time not less than one hundred twenty days prior to and following a statewide election, the secretary of state may file and present to the district court a verified petition alleging, on information and belief, that certain persons registered, named in the petition, are…
NMSA 1978, § 1-4-24 Cancellation of registration; county clerk; grounds
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The county clerk shall cancel certificates of registration for the following reasons: A. death of the voter; B. at the request of the voter; or C. at the direction of the board of registration. History: 1953 Comp., § 3-4-22, enacted by Laws 1969, ch. 240, § 80; 1979, ch. 24, § 2;…
NMSA 1978, § 1-4-25 Cancellation of registration; determination of death
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A. For purposes of cancellation of registration, the death of a voter shall be ascertained by obituary notices or probate records or by comparison of registration records with monthly certified lists of deceased residents filed with the secretary of state. B. The state registrar …
NMSA 1978, § 1-4-27.1 Eligibility to vote and register to vote upon release
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A. A voter is ineligible to vote while imprisoned in a correctional facility as part of a sentence for a felony conviction. Except as provided in this section, an otherwise qualified elector is ineligible to register to vote while imprisoned in a correctional facility as part of …
NMSA 1978, § 1-4-28 Cancellation of registration; change of residence; notice
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A. The secretary of state, county clerks and boards of registration, in compliance with the federal National Voter Registration Act of 1993, shall remove from the official list of eligible voters the names of voters who are ineligible to vote due to change of residence. B. The se…
NMSA 1978, § 1-4-29 Board of registration; county clerk; failure to cancel; duty of the
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secretary of state. A. If the board of registration or the county clerk of any county does not cancel registration certificates as required by law, the secretary of state shall investigate the registration records, election returns and other pertinent records of that county and f…
NMSA 1978, § 1-4-3 Registration declared permanent
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The registration of a qualified elector is permanent for all purposes during the life of such person unless and until his certificate of registration is canceled for any cause specified in the Election Code [Chapter 1 NMSA 1978]. History: 1953 Comp., § 3-4-3, enacted by Laws 1969…
NMSA 1978, § 1-4-30 Cancellation of registration; voter's request
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A. The county clerk shall cancel a certificate of registration upon the request of a voter only for the following reasons: (1) when the voter changes the voter's registered residence address to another county within the state; (2) when the voter moves to another state; and (3) up…
NMSA 1978, § 1-4-32 Cancellation of registration; duties of county clerk; retention of
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records. A. When a registration is canceled, the county clerk shall remove, endorse and file the original certificate of registration according to procedures prescribed by the secretary of state. B. Canceled original certificates of registration along with any written application…
NMSA 1978, § 1-4-34 Board of registration; board of county commissioners;
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appointment. A. The board of county commissioners shall, in June or July of each odd-numbered year, appoint five voters who shall constitute the board of registration for the county; provided that a county with fewer than five thousand residents as of the last federal decennial c…
NMSA 1978, § 1-4-35 Board of registration; secretary
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The county clerk or the county clerk's authorized deputy shall be secretary to the board of registration. History: 1953 Comp., § 3-4-33, enacted by Laws 1969, ch. 240, § 91; 2019, ch. 212, § 56.
NMSA 1978, § 1-4-36 Board of registration; compensation
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Each member of the board of registration shall be paid per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] for nonsalaried public officers. Such compensation shall be included as an item in the regular county budget. History: 1953 Comp., …
NMSA 1978, § 1-4-37 Board of registration; term; qualification
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A. The term of office of members of the board of registration is from July 1 of an odd- numbered year until June 30 of the next succeeding odd-numbered year. Members of the board of registration shall hold office until their successors are appointed and qualified. B. Members of t…
NMSA 1978, § 1-4-38 Board of registration; meetings
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A. All meetings of the board of registration shall be open meetings held in accordance with the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. B. All reports and other records of the board of registration shall be open to public inspection pursuant to the Inspection of Pub…
NMSA 1978, § 1-4-4 Fees and charges prohibited
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No qualified elector shall be charged any fee or required to pay any sum whatsoever by any registration officer for performance of a duty required of him by the Election Code [Chapter 1 NMSA 1978] in connection with registration. History: 1953 Comp., § 3-4-4, enacted by Laws 1969…
NMSA 1978, § 1-4-46 Clerical assistance for county clerk
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The board of county commissioners shall provide for necessary clerical assistance to the county clerk to perform work pertaining to registration. Such clerical assistance shall be paid for by order of the board of county commissioners. Such expenditure shall be included as an ite…
NMSA 1978, § 1-4-47 Driver's license voter registration; automatic voter registration
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and updates. A. Unless a person is automatically registered to vote pursuant to the automatic voter registration provisions of Subsections B through D of this section, when a person who is a qualified elector or qualified resident but not registered to vote in the state conducts …
NMSA 1978, § 1-4-47.1 State agency; Indian nation, tribe or pueblo; automatic voter
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registration requirements. A. Upon a determination by the secretary of state that a state agency, including an agency that participates in the state-agency-based voter registration program pursuant to Section 1-4- 48 NMSA 1978, collects sufficient information consistent with Sect…
NMSA 1978, § 1-4-48 State-agency-based voter registration program; established;
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human services department [health care authority department]. A. The secretary of state shall adopt and publish in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] rules for the administration of a state-agency-based voter registration program. The rules shal…
NMSA 1978, § 1-4-49 Third-party registration agents; registration required; procedures;
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reports; penalty. A. Registration agents who either register or assist persons to register to vote on behalf of an organization that is not a state or federal agency shall register with the secretary of state, and the organization shall register and provide the secretary of state…
NMSA 1978, § 1-4-5 Method of registration; unlawful use of information; penalty
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A. A qualified elector may apply to a registration officer or agent for registration. B. The registration officer or agent or qualified elector shall fill out each of the blanks on the certificate of registration by typing or printing in ink. The qualified elector shall be given …
NMSA 1978, § 1-4-5.1 Method of registration; form
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A. A qualified elector may apply for registration using the paper form by mail, in the office of the secretary of state or county clerk or with a registration agent or officer. B. A person may request certificate of registration forms from the secretary of state or any county cle…
NMSA 1978, § 1-4-5.2 Agency registration; form
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A. A qualified elector may register to vote at certain state government offices. B. Pursuant to Section 1-4-47 NMSA 1978, a qualified elector who applies for a driver's license, license renewal or motor vehicle identification card who is not registered to vote in this state and w…
NMSA 1978, § 1-4-5.3 Registration; lack of physical address
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A. If a qualified elector resides in an area lacking a specific physical address, the qualified elector shall be allowed to substitute a mailing address along with a description, such as a map or the latitude and longitude, indicating where the qualified elector resides. The qual…