Chapter 1 — Chapter 1

A. When voting a mailed ballot, the voter shall secretly mark the mailed ballot in the manner provided in the Election Code for marking paper ballots, place it in the official inner envelope and securely seal the envelope. The voter shall then place the official inner envelope in…

History: 1978 Comp., § 1-6-9.1, enacted by Laws 1991, ch. 105, § 13; 1993, ch. 20, § 4; 1999, ch. 267, § 13; repealed by Laws 2011, ch. 137, § 110.

History: Laws 1999, ch. 267, § 1; 2011, ch. 137, § 43; repealed by Laws 2023, ch. 39, § 99.

Chapter 1, Article 6B NMSA 1978 may be cited as the "Uniform Military and Overseas Voters Act". History: Laws 2015, ch. 145, § 25; 2018, ch. 79, § 7.

A. A federal qualified elector may use a federal write-in absentee ballot to vote for all offices and ballot questions in an election. B. In completing the federal write-in absentee ballot, the federal qualified elector may designate a candidate by writing in the name of the cand…

The secretary of state, upon the recommendation of the voting system certification committee, shall implement an electronic free-access system by which a federal qualified elector may determine by telephone, electronic mail or internet whether the federal qualified elector's: A. …

A. The county clerk shall request an electronic-mail address from each federal qualified elector who registers to vote. An electronic-mail address provided by a federal qualified elector shall not be made available to the public and is exempt from disclosure pursuant to the Inspe…

A. If the intention of the voter is clearly discernable in accordance with the provisions of Section 1-1-5.2 NMSA 1978, an abbreviation, misspelling or other minor variation in the form of the name of a candidate or a political party shall be accepted as a valid vote. B. Failure …

A. Within thirty days following a general election, the county clerk shall report to the secretary of state the number of absentee ballots transmitted in the general election to uniformed-service voters and overseas voters for the election and the number of those ballots returned…

A court of competent jurisdiction of this state may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with, or enforce, the Uniform Military and Overseas Voters Act on application by: A. a federal qualified elector alleging a grievan…

In applying and construing the Uniform Military and Overseas Voters Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2015, ch. 145, § 40.

Commerce Act. The Uniform Military and Overseas Voters Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section …

As used in the Uniform Military and Overseas Voters Act: A. "federal postcard application" means the application prescribed under the federal Uniformed and Overseas Citizens Absentee Voting Act; B. "federal write-in absentee ballot" means the ballot approved pursuant to the feder…

the Uniform Military and Overseas Voters Act. A. The procedures in the Uniform Military and Overseas Voters Act apply to elections conducted pursuant to the Election Code. B. A federal qualified elector may vote for all candidates and on all ballot questions as if the voter were …

Citizens Absentee Voting Act. A. The secretary of state shall make available to federal qualified electors information regarding voter registration procedures for federal qualified electors and procedures for casting military-overseas ballots. B. The secretary of state shall main…

A. A federal qualified elector may register to vote using any of the following methods; provided that the document is received by the county clerk by the deadline for registering to vote as provided in Section 1-4-8 NMSA 1978: (1) using the procedures provided in Chapter 1, Artic…

scope of application for military-overseas ballot. A. A federal qualified elector who is currently registered to vote in this state may apply for a military-overseas ballot by: (1) using a mailed ballot application pursuant to the Absent Voter Act [Chapter 1, Article 6 NMSA 1978]…

qualified electors. A. Not later than forty-five days before an election, even if the forty-fifth day before an election falls on a weekend or a holiday, the county clerk shall transmit a ballot and balloting materials to all federal qualified electors who by that date submit a v…

electors. A. A military-overseas ballot shall be considered timely if it is received by the county clerk no later than the deadline for receiving mailed ballots in Section 1-6-10 NMSA 1978. B. A federal qualified elector may transmit, and the county clerk shall accept, a military…

A. An emergency response provider may benefit from the ability to apply for a mailed ballot and to return the marked ballot in the same manner as provided in the Uniform Military and Overseas Voters Act for federal qualified electors; provided that the emergency response provider…

Sections 1 through 9 [1-6C-1 to 1-6C-9 NMSA 1978] of this act may be cited as the "Intimate Partner Violence Survivor Suffrage Act". History: Laws 2019, ch. 226, § 1.

As used in the Intimate Partner Violence Survivor Suffrage Act: A. "administrator" means the person appointed by the secretary of state to administer the election component of the confidential substitute address program; B. "appropriate county clerk" means the county clerk of the…

and ballot materials; confidentiality. A. The procedures in the Intimate Partner Violence Survivor Suffrage Act apply to all elections and operate notwithstanding other provisions of the Election Code or state or local laws related to elections to the contrary. B. Upon a person's…

Notwithstanding the provisions of the Voter Records System Act [Chapter 1, Article 5 NMSA 1978], the secretary of state shall: A. maintain within the state voter registration electronic management system a secured module. Voter-participant registration records shall be maintained…

A. Prior to each election, the administrator shall assign to each voter-participant eligible to vote in that election a random identifier and a verification code for use in that election only. B. In the mailed absentee ballot or mailed ballot process, the random identifier shall …

A. On the thirty-fifth day before an election, on behalf of each voter-participant eligible to vote in that election, the administrator shall request from each appropriate county clerk the ballot to be used by each voter-participant registered to vote in that county. B. The reque…

A. A voted ballot shall be returned by the voter-participant to the appropriate county clerk. A voted ballot from a voter-participant shall be considered timely if it is received no later than the deadline for receiving mailed absentee ballots or mailed ballots pursuant to Sectio…

The secretary of state shall prepare a public report to be included with the state canvass results of each statewide election. The report shall include the total number of statewide: A. participants; B. voter-participants who were sent a ballot; C. voter-participants who returned…

A. In a judicial proceeding related to an election, upon good cause shown and only as is required to complete the judicial proceeding, a judge may permit in-camera inspection of a voter-participant's voter registration information and information related to participation in the c…

All nominations of candidates for public office in New Mexico made by political parties shall be made pursuant to the Election Code [Chapter 1 NMSA 1978]. No political party shall be permitted to have the names of its candidates printed on any election ballot unless and until it …

A. To qualify as a political party in New Mexico, each political party through its governing body shall adopt rules providing for the organization and government of that party and shall file the rules with the secretary of state. Uniform rules shall be adopted throughout the stat…

The secretary of state and the county clerk shall not accept the rules and regulations of any political party for filing unless such rules and regulations provide: A. a method for nominating candidates for the general election; B. a method for calling and conducting conventions; …

A. Each political party shall file its rules and regulations, along with petitions containing the required number of signatures, if the signature provision is applicable to the party, within thirty days after its organization and no later than twenty-three days after the primary …

Political party rules and regulations filed as required by the Election Code [Chapter 1 NMSA 1978] are subject to amendment only in the manner provided for in such rules and regulations. No amendments shall be made less than one hundred twenty days prior to any general election, …

A. The chairman of the state central committee of a qualified political party shall file with the secretary of state a certificate setting forth the name selected for the political party and showing a representation of the emblem by which the party is to be represented. B. The ce…

As used in the Election Code [Chapter 1 NMSA 1978]: A. "major political party" means any qualified political party, any of whose candidates received as many as five percent of the total number of votes cast at the last preceding general election for the office of governor or pres…

parties. A. Any major political party in New Mexico, as defined in Section 1-7-7 NMSA 1978, shall nominate its candidates, other than its presidential candidates, by secret ballot at the next succeeding primary election as prescribed in the Primary Election Law [1-8-10 to 1-8-52 …

History: 1953 Comp., § 3-8-9, enacted by Laws 1969, ch. 240, § 159; repealed by Laws 2019, ch. 212, 284.

Sections 1-8-10.1 through 1-8-52 NMSA 1978 may be cited as the "Primary Election Law". History: 1978 Comp., § 1-8-10.1, enacted by Laws 2023, ch. 39, § 45.

A primary election shall be held in each county in this state on the first Tuesday after the first Monday in June of each even-numbered year. History: 1953 Comp., § 3-8-10, enacted by Laws 1969, ch. 240, § 160; 2011, ch. 137, § 53.

elections. A. The secretary of state shall issue a public proclamation calling a general election to be held in each county and precinct of the state on the date prescribed by Article 20, Section 6 of the constitution of New Mexico. B. The general election proclamation shall also…

The general election proclamation calling a primary and general election shall contain: A. the names of the major political parties participating in the primary election; B. the offices to be elected at the general election and for which each political party shall nominate candid…

Upon the proclamation being filed, the secretary of state shall immediately: A. publish the proclamation for five consecutive days in at least four daily newspapers of general circulation in the state; B. post the proclamation and any amended proclamation on the secretary of stat…

Upon receipt of the authenticated copy of the proclamation, the county clerk shall immediately specify the offices for which each major political party may nominate candidates and have the itemized proclamation published once each week for two consecutive weeks. If there is no ne…

The secretary of state may amend the proclamation between the time of its issuance and the first Tuesday in March to include a newly created public office that is capable by law of being filled at the next succeeding general election, or any existing office becoming vacant by rem…

A. The Primary Election Law [1-8-10 to 1-8-52 NMSA 1978] applies to major political party nominations for all offices that are to be filled at the general election with the exception of presidential electors. B. The Primary Election Law does not apply to the election of persons t…

A. No person shall become a candidate for nomination by a political party or have the person's name printed on the primary election ballot unless the person's record of voter registration shows: (1) affiliation with that political party on the date of the secretary of state's gen…

designation of different party or as an unaffiliated candidate. If a person has been a candidate for the nomination of a major political party in the primary election, he shall not have his name printed on the ballot at the next succeeding general election except under the party …

nominees. A. If the rules of a minor political party require nomination by political convention: (1) the chair and secretary of the state political convention shall certify to the secretary of state the names of their party's nominees for United States senator, United States repr…

No person shall be a candidate in the primary election for more than one office, except that any person may be a candidate for both the expiring term and the next succeeding term for an office when both terms are to be voted upon at the next succeeding general election. History: …