Chapter 1, Chapter 1

The United States senator shall be elected at the general election next succeeding nomination for that office. History: 1953 Comp., § 3-15-12, enacted by Laws 1969, ch. 240, § 362.

The vote for the office of United States senator shall be cast, counted, returned and canvassed in the same manner as the vote is cast, counted, returned and canvassed for state officers. Upon completion of the canvass, the state canvassing board shall immediately transmit the re…

A. Immediately upon there being a vacancy in the office of United States senator, the governor shall make a temporary appointment to fill the vacancy until such time as an election is held to fill the vacancy for the unexpired term. B. The election to fill the vacancy for the une…

New Mexico is divided into three congressional districts to be known and designated as congressional district one, congressional district two and congressional district three. History: 1953 Comp., § 3-15-15, enacted by Laws 1969, ch. 240, § 365; 1982 (2nd S.S.), ch. 4, § 1; repea…

ANNOTATIONS Compiler’s notes. — The New Mexico congressional districts adopted in Jepsen v. Vigil-Giron, D-0101-CV-2001-02177 (N.M. 1st Jud. Dist. January 8, 2002) and set forth in Section 1-15-15.1 NMSA 1978, were held to be malapportioned and therefore unconstitutional in Egolf…

ANNOTATIONS Compiler’s notes. — Laws 2021 (2nd S.S.), ch. 2, § 5 directed the compiler to remove the provisions of 1-15-15.2 from the NMSA 1978, effective March 17, 2022.

A. Congressional district one is composed of Bernalillo county precincts 2 through 23, 25 through 28, 30, 39, 68, 69, 78 through 80, 83, 84, 86, 87, 89, 100 through 103, 105, 107, 108, 110, 111, 113, 114, 116, 121 through 126, 128, 129, 131 through 133, 150 through 155, 161 throu…

A. Precinct designations and boundaries used in the 2021 congressional redistricting are those precinct designations and boundaries established pursuant to the Precinct Boundary Adjustment Act and revised and approved pursuant to that act by the secretary of state as of November …

One representative in congress shall be nominated and elected from each congressional district for voting purposes. Ballots for representatives in congress shall designate the office as congressional district one, congressional district two and congressional district three. Only …

A. Within ten days after a vacancy occurs in the office of United States representative, the secretary of state shall, by proclamation, call an election to be held not less than seventy-seven nor more than ninety-one days after the date of the vacancy for the purpose of filling t…

"Expiring term" means a term of office which expires not later than three months after the general election at which it is filled. History: 1953 Comp., § 3-15-19, enacted by Laws 1969, ch. 240, § 369.

Presidential electors shall not be nominated at the primary election. History: 1953 Comp., § 3-15-2, enacted by Laws 1969, ch. 240, § 352.

A. In all instances where the expiring term of the office of United States senator or representative and the term next succeeding the expiring term are to be voted upon at the same general election, the same individual may be a candidate for both the expiring term and next succee…

A. If any political party convention nominates any individual to be placed on the general election ballot for the term next succeeding the expiring term, then such person nominated by the party convention shall be deemed to also be designated by the convention for the expiring te…

Notwithstanding any of the provisions of the Primary Election Law [1-8-10 to 1-8-52 NMSA 1978], a candidate for both the expiring term and the next succeeding term of the same office shall pay only the fee required of a candidate for the office for one full term of such office. H…

If the same individual is a candidate at a general election for both the expiring term and the succeeding term, his name shall appear but once on the ballot, and the name of the office, followed by the words, "full and expiring terms". History: 1953 Comp., § 3-15-23, enacted by L…

A. Any qualified political party in New Mexico desiring to have candidates for president and vice president on the general election ballot in a presidential election year shall, at a state party convention held in the year of such election, choose from the voters of the party the…

A. The names of the presidential elector nominees shall not be placed upon the general election ballot; instead, the secretary of state shall certify to the county clerks the names of persons nominated by each qualified political party for the offices of president and vice presid…

The "Agreement Among the States to Elect the President by National Popular Vote" is enacted into law and entered into on behalf of New Mexico with any and all other states legally joining therein in a form substantially as follows: "AGREEMENT AMONG THE STATES TO ELECT THE PRESIDE…

Presidential electors for the state shall perform the duties of the presidential electors required by law and the constitution of the United States. History: 1953 Comp., § 3-15-5, enacted by Laws 1969, ch. 240, § 355.

A. Presidential electors of the state shall meet at 11:00 a.m. in the office of the secretary of state on the day fixed by the laws of the United States for presidential electors to cast their ballots for president and vice president of the United States. B. At such meeting the p…

In the case of the death or absence of any presidential elector or failure to complete the number of presidential electors by noon of the day fixed by the laws of the United States for presidential electors to cast their ballots, the governor shall fill any vacancy by appointment…

of results. The presidential electors of the state shall meet at noon in the office of the secretary of state on the day fixed by the laws of the United States for presidential electors to cast their ballots for president and vice president and shall proceed to vote by ballot for…

A. All presidential electors shall cast their ballots in the electoral college for the candidates of the political party which nominated them as presidential electors. B. Any presidential elector who casts his ballot in violation of the provisions contained in Subsection A of thi…

This act [Chapter 1, Article 15A NMSA 1978] may be cited as the "Presidential Primary Act". History: 1953 Comp., § 3-8-33, enacted by Laws 1977, ch. 230, § 1; 1978 Comp., § 1-8-53 recompiled as § 1-15A-1 by Laws 2011, ch. 137, § 109.

A. In the year in which the president and vice president of the United States are to be elected, the registered voters of this state shall be given an opportunity to express their preference for the person to be the presidential candidate of their political party in either a pres…

parties; use of alternate selection procedures; certification. A. If a major political party chooses not to participate in the presidential primary, it shall: (1) notify the secretary of state at least thirty days before the governor is required to issue the proclamation of the p…

The presidential primary election shall be conducted and canvassed along with and in the manner provided by law for the conduct and canvassing of the primary election. History: 1953 Comp., § 3-8-35, enacted by Laws 1977, ch. 230, § 3; 1978 Comp., § 1-8-55 recompiled as § 1-15A-4 …

There shall be convened in Santa Fe a committee consisting of the chief justice of the supreme court, as chairman, the speaker of the house of representatives and the minority floor leader of the house of representatives, the president pro tempore of the senate, the minority floo…

No later than 5:00 p.m. on the thirtieth day following the nominations by committee, any person seeking the endorsement by the national political party for the office of president of the United States, or any group organized in this state on behalf of, and with the consent of, su…

The secretary of state shall contact each person who has been nominated by the committee or by petition and notify the person in writing by certified mail, with return receipt requested, that the person's name will be printed as a candidate on the New Mexico presidential primary …

A. Upon the completion of the state canvass of the results of the presidential primary, the secretary of state shall forthwith certify to the state chairman of each political party participating in the primary and to the credentials committee of the national convention of each su…

At all elections at which any ballot question is submitted to the voters, the election shall be called, conducted and canvassed in accordance with the Election Code. History: 1953 Comp., § 3-16-1, enacted by Laws 1969, ch. 240, § 374; 2019, ch. 212, § 133.

questions. A. A state ballot question includes any: (1) proposed amendment to the constitution of New Mexico, as provided in a joint resolution passed by the legislature; (2) tax authorization for general obligation bonds or mill levy, as provided by law; (3) referendum, as provi…

A. Whenever a state ballot question is to be submitted to the voters of the entire state on a general election or regular local election ballot, not less than seventy days before the election, the secretary of state shall certify the state ballot question to the county clerk of e…

A. The secretary of state shall cause the ballot question for a proposed constitutional amendment to be published as provided in Article 19, Section 1 of the constitution of New Mexico. B. The secretary of state shall post a proposed constitutional amendment beginning no later th…

A. The secretary of state shall by rule prescribe uniform guidelines for a state or local ballot question to appear on the ballot. B. For a proposed constitutional amendment, the form of the ballot question shall include the full title of the joint resolution proposing the consti…

In no case shall a nonbinding or merely advisory question be placed on the ballot for any election held pursuant to the Election Code. History: 1953 Comp., § 3-16-7, enacted by Laws 1969, ch. 240, § 380; 1977, ch. 222, § 97; 2018, ch. 79, § 15; 2019, ch. 212, § 138.

A. Ballot questions submitted to the voters at any election shall be printed on one ballot only. B. State ballot questions certified by the secretary of state shall be printed on the ballot as provided in the Election Code. C. Local government ballot questions authorized by law s…

Any person who is a qualified elector of New Mexico and who disapproves any law not excepted by the constitution of New Mexico may sign a referendum petition in his own proper handwriting, and not otherwise, to order a referendum vote upon a law enacted at the last preceding sess…

The secretary of state shall ascertain and declare the sufficiency or insufficiency of each complete referendum petition within thirty days after it is filed in the secretary's office. History: 1953 Comp., § 3-17-10, enacted by Laws 1969, ch. 240, § 395; 2023, ch. 39, § 78.

A. In considering the sufficiency of a referendum petition the burden of proving that all signatures appearing on the page are genuine and that the signers are qualified electors of the county named on the page and are in all respects entitled to sign the petition shall be upon t…

secretary of state. A. If the complete referendum petition filed with the secretary of state is found to be insufficient, the secretary of state shall forthwith notify the sponsors in writing, through their designated agent, and shall set forth his reasons for so finding. B. Afte…

A. If the secretary of state fails or refuses to examine and certify the sufficiency or insufficiency of any referendum petition within the time prescribed, any twenty-five qualified electors who feel aggrieved thereby may within fifteen days thereafter apply to the supreme court…

Before the general election at which any law subject to referendum petition is to be voted upon by the people, the secretary of state shall give notice by publication and posting in the manner required by law for the publication and posting of notice of election on proposed const…

The petition and order for referendum shall be in the following form: "PETITION FOR REFERENDUM To the Honorable ............................................. (Name of secretary of state) We, the undersigned, qualified electors of ............ county, New Mexico, who disapprove La…

Every person who solicits signatures to any petition for referendum shall present a full and correct copy of the law on which the referendum is sought to the person whose signature is solicited. History: 1953 Comp., § 3-17-3, enacted by Laws 1969, ch. 240, § 388.

It is a fourth degree felony for any person, on a petition for referendum, to: A. sign any name other than his own, except to write thereon the name of a person who cannot write and who signs his name with his mark; B. sign his name more than once on a petition on the same law; C…

A. Each page of a referendum petition upon which signatures of petitioners are to be solicited shall be an exact copy of all other pages of the referendum petition, except as to the county name and actual signatures. B. Each page of any referendum petition to be filed shall have …

The back of each page of every referendum petition containing the signatures shall bear the following certificate executed by the person who circulated that page of the referendum petition: "STATE OF NEW MEXICO COUNTY OF ............ I, ........., do hereby certify that the signa…