Chapter 1, Chapter 1

If the rules and regulations of a minor political party require nomination by a method other than a political convention: A. the state chair and the governing board of the state party shall certify to the secretary of state the names of their party's nominees for United States se…

party; qualification as an independent candidate. The declaration of candidacy and petition signatures submitted to the proper filing officer by a candidate for nomination as a minor party candidate shall be counted toward the requirements for qualification as an independent cand…

petition; filing and form. A. As used in the Primary Election Law, "nominating petition" means the authorized form used for obtaining the required number of signatures of voters, which is signed on behalf of the person wishing to become a candidate for a political office in the p…

A. Any person who knowingly falsifies any information on a nominating petition is guilty of falsifying an election document. B. It is unlawful for any person to knowingly circulate, present or offer to present for the signature of another person a nominating petition that does no…

required. A. As used in this section, "total vote" means the sum of all votes cast for all of the party's candidates for governor at the last preceding primary election at which the party's candidate for governor was nominated. B. Candidates who seek preprimary convention designa…

additions; copies made available. A. A nominating petition when filed shall not be withdrawn nor added to, nor shall any person be permitted to revoke his signature thereon. A nominating petition shall be complete when filed. The proper filing officer shall not permit additions t…

validity of nominating petitions. A. Any voter filing any court action challenging a nominating petition provided for in the Primary Election Law [1-8-10 to 1-8-52 NMSA 1978] shall do so within ten days after the last day for filing the declaration of candidacy with which the nom…

A. Write-in candidates are permitted in the primary election only for the offices of United States representative, members of the legislature, district judges, district attorneys, public education commission, magistrates and any office voted upon by all voters of the state. B. A …

of state. A. Not later than six days after the dates for filing declarations of candidacy by pre-primary convention designation, the secretary of state shall certify to the chairman of each state political party the names of that party's candidates for office of United States rep…

A. Upon receipt of certificates of nomination of any minor political party and nominating petitions, and no later than 5:00 p.m. on the first Tuesday following the filing date, the proper filing officer shall: (1) determine whether the method of nomination used by the certifying …

Any person knowingly making a false statement in his declaration of candidacy by nominating petition or by pre-primary convention designation is guilty of a fourth degree felony. History: 1953 Comp., § 3-8-25, enacted by Laws 1969, ch. 240, § 175; 1975, ch. 295, § 23; 1985, ch. 2…

In the event any candidate is unable to pay the filing fee prescribed by the Primary Election Law [1-8-10 to 1-8-52 NMSA 1978] he may file a statement with the proper filing officer at the time he files his declaration of candidacy to the effect that he is without financial means…

A candidate seeking to withdraw from a primary election shall withdraw no later than the first Tuesday in April before that primary election by filing a signed and notarized statement of withdrawal with the proper filing officer. History: 1953 Comp., § 3-8-32, enacted by Laws 196…

representative elections; definition. A. As used in the Election Code, an independent candidate means a person who: (1) is a candidate for any state or county office to be voted on at a general election: (a) whose certificate of voter registration shows affiliation with no qualif…

representative special elections; right to be placed on ballot. The name of any independent candidate for an office to be voted on at a general election or United States representative special election shall be placed by the proper filing officer on such ballot. History: 1953 Com…

representative special elections; withdrawal of name. The provisions of the Election Code [Chapter 1 NMSA 1978] pertaining to the withdrawal of candidates from the general election shall apply to the withdrawal of independent candidates. History: 1953 Comp., § 3-8-27.3, enacted b…

representative elections; declaration of independent candidacy and nominating petition. A. Nomination as an independent candidate shall be made by filing a declaration of independent candidacy and a nominating petition with the proper filing officer. B. In making a declaration of…

president and vice president. A. Nomination as an independent candidate for president or vice president shall be made by filing a declaration of independent candidacy with the proper filing officer. The candidate for president shall also at the same time file a nominating petitio…

participating in primary. Immediately upon completion of their respective canvasses, the state and county canvassing boards shall certify to the county clerk the name of each person who has been nominated by each participating political party in the primary election, and the offi…

representative special elections; nominating petition form. A. As used in Sections 1-8-45 through 1-8-52 NMSA 1978, "nominating petition" means the authorized form used for obtaining the required number of signatures of voters that is signed on behalf of the person wishing to bec…

representative elections; nominating petitions; required number of signatures. A. The basis of percentage for the total number of votes cast in each instance referred to in this section shall be the total vote cast for governor at the last preceding general election at which a go…

representative special elections; nominating petitions; circulation; date of filing. A. Declarations of independent candidacy and nominating petitions shall be filed with the proper filing officer between 9:00 a.m. and 5:00 p.m. on the twenty-third day following the primary elect…

Regardless of the cause, no vacancy on the primary election ballot occurring after the period for filing a declaration of candidacy or the date of filing with the secretary of state a certificate of designation by state convention, whichever the case may be, shall be filled. Hist…

representative special elections; nominating petition form. A. As used in Sections 1-8-2 through 1-8-4 NMSA 1978, "nominating petition" means the authorized form used for obtaining the required number of signatures of voters that is signed on behalf of the person wishing to becom…

A. A person desiring to be a write-in candidate in a general election shall file with the proper filing officer between 9:00 a.m. and 5:00 p.m. on the twenty-third day after the primary election a declaration of intent to be a write-in candidate, accompanied by a petition signed …

resignation or death of office holder before primary. A. Vacancies on the general election ballot may be filled as provided in Subsection B of this section if after a primary election there is no nominee of a major political party for a public office to be filled in the general e…

A. If after a primary election, but ninety or more days before the general election, a vacancy occurs, for any cause, in the list of the nominees of a qualified political party for any public office to be filled in the general election, or a vacancy occurs because of the resignat…

A. The secretary of state shall study, examine and certify all voting systems used in elections for public office in New Mexico. The secretary of state shall maintain a current list of certified voting systems and copies of filed testing and evaluation reports accessible by the p…

responsibility for transportation of voting systems; responsibility for security and programming; charge for such transportation or programming. A. The county clerk shall be responsible for transporting all voting systems to and from polling places. B. The county clerk shall have…

A. Voting system technicians shall be trained and certified by the secretary of state as to their adequacy of training and expertise on voting systems certified for use in the state. B. The secretary of state shall train and recertify voting system technicians prior to each prima…

certification. A. The secretary of state shall provide for the testing and evaluation of voting systems designed for the purpose of recording and tabulating votes within polling places in New Mexico. All voting systems certified for use in the state shall be tested by an independ…

contract; terms. A. The state board of finance shall execute a lease-purchase contract with the county for purchase of additional voting systems and the necessary support equipment upon receipt of the application of the board of county commissioners pursuant to Section 1-9-7 NMSA…

disposition of voting systems. A. A lease-purchase contract for a voting system entered into between the state board of finance and a county pursuant to Section 1-9-17 NMSA 1978, after a renegotiation pursuant to Paragraph (5) of Subsection B of that section, may include provisio…

A. The department of finance and administration and the board of county commissioners shall budget annually for as many years as may be necessary from county funds in each county acquiring electronic voting systems and support equipment an amount sufficient to enable the county t…

A. The "voting system revolving fund" is created. The voting system revolving fund may be used: (1) by the secretary of state to pay for hardware, software, firmware, maintenance and support for voting systems, whether state- or county-owned, certified for use in state elections;…

preparation requirements. Systems designed to print ballots at polling locations shall provide the general capabilities for ballot preparation and shall be capable of: A. enabling the automatic formatting of ballots in accordance with the requirements of the Election Code, as ame…

requirements. Systems designed to print ballots at polling locations shall provide the security capabilities for ballot preparation and shall be capable of: A. providing a full audit trail of individual voter activity; B. providing full ballot production audit logs for all activi…

software and usability requirements. Systems designed to print ballots at polling locations shall: A. provide hardware requirements that: (1) shall be networkable and scalable for multi-user environments; (2) function without degradation in capabilities after transit to and from …

and voting booths. A. Certified voting systems shall be used in all polling locations in all statewide elections. B. The secretary of state shall provide to the county clerk of each county at least one optical scan tabulator for use in each polling location in the general and pri…

A. The county clerk may provide for the use of voting systems in other elections or for educational purposes; provided, however, that the county clerk shall make available: (1) to the school district for use in the school district election, a sufficient number of voting systems n…

A. The secretary of state shall provide to the county clerk of each county a sufficient number of voting systems as required by the Election Code for the conduct of primary and general elections. B. When authorized by the state board of finance, the board of county commissioners …

impaired voters. A. All voting systems used in elections covered by the Election Code shall use a paper ballot on which the voter physically or electronically marks the voter's choices on the ballot itself. B. The secretary of state shall purchase the paper ballots for all counti…

Voting systems certified for use in state elections shall: A. accept a ballot that is a minimum of six inches wide and a maximum of twenty-two inches long, in dual columns and printed on both sides; B. accept a ballot in any orientation when inserted by a voter; C. have the capab…

As a condition of initial certification and continued certification, the source code that operates a voting system shall be placed in escrow and be accessible to the state of New Mexico in the event the manufacturer ceases to do business or ceases to support the voting system. Hi…

The secretary of state may voluntarily test and certify voting systems without an application by the manufacturer if the system has been previously certified by the United States election assistance commission. Tests and inspections conducted pursuant to this section shall follow…

For each certified voting system purchased in 2006 and after, including any separate component, the secretary of state shall maintain records of the voting system and any component, including: A. a description of each voting system and any of its components; B. its serial number …

decertify. A. Each voting system certified for use in the state shall be reviewed for recertification by the secretary of state during the year following a presidential election. Tests and inspections conducted pursuant to this section shall begin no later than June 1 and shall f…

A. The "voting system certification committee" is created. The committee shall review written test reports and the findings of the secretary of state on the certification, recertification and decertification of voting systems for use in elections in the state. B. The voting syste…

enforce. A. The secretary of state shall prescribe by rule promulgated pursuant to the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978] specifications for the proper storage of voting systems. B. Voting systems shall be held in the custody of the county that us…

Voting systems certified for use in state elections shall: A. have a unique embedded internal serial number for audit purposes; B. be supplied with a dust- and moisture-proof cover for transportation and storage purposes; C. if the net weight of the system, or aggregate of voting…