Chapter 1 — Chapter 1

not to be printed. A. In the preparation of ballots for a statewide election, the candidate's name shall be printed on the ballot as it appears on the candidate's certificate of registration that is on file in the county clerk's office on the day the secretary of state issues the…

A. In a primary or general election, no candidate's name shall appear more than once on the ballot, except in the case of a candidate who is also a candidate for president or vice president of the United States. B. In a regular local election, a candidate's name: (1) shall not ap…

History: Laws 1997, ch. 93, § 1; repealed by Laws 2011, ch. 137, § 110.

A. In the year in which the president of the United States is elected, the ballot in a primary election and general election shall contain, when applicable, partisan offices to be voted on in the following order: (1) in a presidential primary, president; (2) in a general election…

History: Laws 1981, ch. 166, § 1; 1985, ch. 207, § 22; 1991, ch. 105, § 18; 2009, ch. 150, § 13; 2019, ch. 212, § 104; repealed by Laws 2023, ch. 39, § 99.

A. If an error or omission has occurred in the printed ballot, the district court, upon petition of any voter, may order the county clerk to forthwith correct the error or supply the omission, or immediately show cause why the error should not be corrected or the omission should …

The county clerk shall, at least twenty-one days prior to a statewide election, give notice of the election. History: 1953 Comp., § 3-11-1, enacted by Laws 1969, ch. 240, § 211; 2019, ch. 212, § 106.

Unless an objection to the use of a particular voting machine is filed in the district court within two days after it is prepared, inspected and sealed, the voting machine when certified to be correct by the county clerk shall be conclusively presumed to be properly prepared for …

A. Voting machines shall be delivered to the assigned precinct polling place at least three days before the polls are required to be opened. The election supplies and the keys of voting machines shall be delivered to the presiding judge at least one hour before the polls are requ…

History: 1953 Comp., § 3-11-13, enacted by Laws 1969, ch. 240, § 222; 1985, ch. 207, § 30; 1991, ch. 105, § 22; 1993, ch. 314, § 53; 1993, ch. 316, § 53; repealed by Laws 2011, ch. 137, § 110.

History: Laws 2005, ch. 270, § 9; 2007, ch. 336, § 14; repealed by Laws 2011, ch. 137, § 110.

A. Each county shall have at least two monitored secured containers; provided that, in consideration of geographic or security constraints existent in a county, a county clerk may request from the secretary of state a waiver from this requirement. The secretary of state may appro…

Upon the written request of a qualified political party, a candidate, an election-related organization or an election observer, the secretary of state shall send to the requester an index of all voters and their addresses, their party affiliation, their precinct, their voter hist…

Prior to election day, the secretary of state shall cause to be printed in the tally sheets and statements of canvass, in the proper places and under the proper designations, the names of all candidates appearing on the official ballot. The secretary shall approve a county's use …

form. Signature rosters, checklists of registered voters and tally sheets shall be in the form prescribed by the secretary of state. History: 1953 Comp., § 3-11-17, enacted by Laws 1969, ch. 240, § 226; 1977, ch. 222, § 33; 1981, ch. 137, § 4; 1985, ch. 207, § 31; 1991, ch. 105, …

certificates; precinct board [election board] member's oath. The secretary of state shall prescribe the form of the signature roster certificates, checklist of registered voter's certificates and the precinct board [election board] member's oath. History: 1953 Comp., § 3-11-19, e…

ANNOTATIONS Repeals. — Laws 1991, ch. 105, § 44 repealed 1-11-17 NMSA 1978, as enacted by Laws 1977, ch. 124, § 7, relating to affidavits for assistance, form, effective April 2, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.

The secretary of state shall prescribe the types and number of election supplies to be used in the precincts. History: 1953 Comp., § 3-11-27.1, enacted by Laws 1977, ch. 222, § 34.

A. There is created in the state treasury the "election fund" solely for the purposes of: (1) paying the costs of conducting and administering statewide elections required by the Election Code; (2) reimbursing the counties for the costs of conducting and administering statewide e…

The notice of election shall, as applicable: A. give notice of the election; B. set forth the purpose of the election; C. list the ballot question or questions to be voted on by voters of any precinct of the county other than those questions that have been published by the secret…

Within ninety days after an election, the secretary of state shall certify to the department of finance and administration the total costs incurred by the office of the secretary of state to administer the election. Within thirty days of receipt of the certification, the departme…

A. The notice of election shall be published at least once, not more than twenty-one nor less than seven days before election day. B. The notice of election shall be published in a legal newspaper as provided in Section 14- 11-2 NMSA 1978. C. If no legal newspaper is published in…

A. The county clerk may amend the notice of election between the time of its issuance and the day of election to provide for any corrections or to supply any omissions. B. Upon petition of any voter that an error or omission has occurred in the notice of election, the district co…

A. At least forty-two days prior to each statewide election, the secretary of state, on behalf of each county clerk, shall mail a voter notification of the election. The voter notification shall include: (1) the date and purpose of the election; (2) an internet address where a vo…

A. Forty-two days before the election, the county clerk may begin to prepare, inspect, certify and seal electronic voting machines that are to be used in the election, and such preparation, inspection, certification and sealing shall continue until all machines are prepared, insp…

When preparing, inspecting and sealing voting machines, the county clerk shall: A. certify to the secretary of state and the county chair of each political party participating in the election the type and serial number of each voting machine intended to be used in each polling lo…

All programming of vote tabulating machines shall be tested under the supervision of the county clerk. The machines shall be programmed so that votes will be counted in accordance with the specifications for electronic voting machines. History: 1978 Comp., § 1-11-6.1, enacted by …

Immediately after each electronic voting machine has been prepared for the election, the county clerk shall prepare a written certificate, which shall be filed in the county clerk's office. A copy of the certificate shall be posted on the voting machine, and one copy shall be for…

A. At least three days before preparing any type of voting machine for an election, the county clerk shall send notice to the county chair of each political party having a candidate on the ballot in the election. The notice shall state the times when and places where the voting m…

History: 1953 Comp., § 3-11-10, enacted by Laws 1969, ch. 240, § 219; 1985, ch. 207, § 29; repealed by Laws 2011, ch. , § 110.

Polls shall be opened at 7:00 a.m. on the date required by law for the election and shall be closed at 7:00 p.m. on the same day. History: 1953 Comp., § 3-12-1, enacted by Laws 1969, ch. 240, § 237; 1985, ch. 205, § 1; 1987, ch. 226, § 2.

A. A voter at the polls shall announce the voter's name and address in an audible tone of voice. When a judge or election clerk finds the voter's name in the signature roster, the judge or election clerk shall in like manner repeat the name of the voter. The judge or election cle…

A. The secretary of state shall provide voting information, which the county clerks shall display, in accordance with the federal Help America Vote Act of 2002, in each polling place and in each county clerk's office and at any location where voting is taking place. B. The county…

History: 1953 Comp., § 3-12-14, enacted by Laws 1969, ch. 240, § 250; 1985, ch. 207, § 33; repealed by Laws 2011, ch. 137, § 110.

A voter may request assistance in voting only if the voter: A. is blind; B. is physically disabled; C. is unable to read or write; D. is a member of a language minority who has an inability to read well enough to exercise the elective franchise; or E. requires assistance in opera…

A. When a voter who is eligible for assistance pursuant to Section 1-12-12 NMSA 1978 requires assistance in marking a ballot or using the voting system, the voter shall announce this fact before receiving the ballot or using the voting system. B. The voter's request for assistanc…

ANNOTATIONS Repeals. — Laws 1989, ch. 259, § 3 repealed 1-12-14 NMSA 1978, as enacted by Laws 1977, ch. 124, § 9, relating to oral translation of affidavit for language minorities, effective June 16, 1989.

A. In any election, if a voter who has requested assistance in marking the ballot is blind, has a physical disability, has an inability to read or write or is a member of a language minority who has requested assistance pursuant to Subsection D of Section 1-12-12 NMSA 1978, the v…

Persons providing assistance to a voter may assist the voter in reading and marking the ballot or using the voting system. History: 1953 Comp., § 3-12-32, enacted by Laws 1969, ch. 240, § 268; 2007, ch. 337, § 14.

ANNOTATIONS Repeals. — Laws 1989, ch. 259, § 3 repealed 1-12-17 NMSA 1978, as enacted by Laws 1969, ch. 240, § 269, relating to return of affidavit, effective June 16, 1989.

An election official, a member of the precinct board [election board], a watcher or a challenger shall not disclose the name of any candidate for whom any voter has voted. History: 1953 Comp., § 3-12-34, enacted by Laws 1969, ch. 240, § 270; 2009, ch. 251, § 12.

ANNOTATIONS Repeals. — Laws 1981, ch. 156, § 3, repealed 1-12-19 NMSA 1978, relating to write-in votes at general elections, effective June 19, 1981.

History: 1978 Comp., § 1-12-19.1, enacted by Laws 1981, ch. 156, § 2; 1983, ch. 232, § 15; 1991, ch. 105, § 27; 2005, ch. 270, § 69; 2009, ch. 150, § 15; 2011, ch. 137, § 89; 2014, ch. 40, § 9; 2014, ch. 81, § 9; recompiled and amended as § 1-8 66 by Laws 2019, ch. 212, § 112.

Precinct board [Election board] members, excepting those members scheduled to work only the second shift, shall present themselves at the polling place not later than 6:00 a.m. on the date required by law for the election. History: 1953 Comp., § 3-12-2, enacted by laws 1969, ch. …

A. The county clerk may choose to schedule precinct board [election board] members into two work shifts on election day and also may determine the length of each shift for each precinct board [election board] member so long as the first shift begins at least one hour before the p…

A challenge may be interposed by a member of the precinct board [election board] or by a party challenger for the following reasons: A. the person offering to vote is not registered to vote; B. the person offering to vote is listed among those persons to whom an absentee ballot w…

When a challenge is interposed, the judges or election clerks shall enter the word "CHALLENGED" under the notation headings in the signature rosters, along with the reason for the challenge, the time the challenge was made and the name and title of the person interposing the chal…

Challenges shall be handled as follows: A. if the challenge is unanimously affirmed by the presiding judge and the two election judges, the person shall be furnished a provisional paper ballot. The election clerks shall enter such voter's name in the checklist of registered voter…

Before each voter receives a ballot, a member of the precinct board [election board] shall, so far as possible, instruct the voter on the voting process and call the voter's attention to the posted sample ballot. If any voter asks for further information before completing the vot…

History: 1953 Comp., § 3-12-42, enacted by Laws 1969, ch. 240, § 278; repealed by Laws 2009, ch. 150, § 37.