Chapter 1 — Chapter 1

for determining. For the purpose of determining the residence of a person desiring to be a candidate for the nomination or election to an office under the provisions of the Election Code [Chapter 1 NMSA 1978] or for the purpose of determining the residence of any signer of a peti…

A. A person who signs a nominating petition shall sign only one petition for the same office unless more than one candidate is to be elected to that office, and in that case, a person may sign not more than the number of nominating petitions equal to the number of candidates to b…

As used in the Election Code [Chapter 1 NMSA 1978], "election returns" means the certificate of the precinct board [election board] showing the total number of votes cast for each candidate, or for or against each proposed constitutional amendment or other question, and may inclu…

History: 1953 Comp., § 3-1-8, enacted by Laws 1969, ch. 240, § 8; 1975, ch. 255, § 3; 1983, ch. 258, § 1; 1995, ch. 124, § 1; § 1-1-9 NMSA 1978, recompiled and amended as § 1-7-7 by Laws 2011, ch. 137, § 48.

A. The secretary of state is the chief election officer of the state. B. The secretary of state shall: (1) obtain and maintain uniformity in the application, operation and interpretation of the Election Code; and (2) subject to the State Rules Act [Chapter 14, Article 4 NMSA 1978…

attorneys required to assist secretary of state and county clerks. A. The attorney general shall, upon request of the secretary of state, provide legal advice, assistance, services and representation as counsel in any action to enforce the provisions of the Election Code. B. Upon…

elections. For the purposes of any action filed in court challenging a procedure or provision of the Election Code, a petition or a candidacy or a post-election action initiated by any person, the secretary of state shall receive service of process, regardless of whether the secr…

History: 1953 Comp., § 3-2-9.2, enacted by Laws 1975, ch. 255, § 16; 2010, ch. 90, § 2; 1978 Comp., § 1-2-10, repealed by Laws 2019, ch. 212, § 284.

Wherever possible, the county clerk shall assign persons appointed as election board members to serve in precincts wherein they reside or in precincts located in the representative district wherein they reside. In the event of a shortage or absence of election board members in ce…

A. Each election board shall consist of: (1) a presiding judge; (2) two election judges; and (3) election clerks who are appointed to assist the presiding judge and election judges. B. The county clerk shall appoint presiding judges and election judges so that not more than two o…

History: 1953 Comp., § 3-2-12, enacted by Laws 1969, ch. 240, § 33; repealed by Laws 2011, ch. 137, § 110.

A. Immediately after the appointment of the election boards, the county clerk shall: (1) make and certify a list of the names of the appointees for each polling location and send a copy of the list to the county chair of each political party participating in a partisan election a…

A. If for any cause a member of the election board fails to appear for the assigned duty to which the member was appointed, the remaining board members shall immediately notify the county clerk. B. In the event of a vacancy in an election board position by reason of death, remova…

A. Members of an election board and messengers shall be compensated for their services at an hourly rate set by the secretary of state; provided that the rate in each county shall not be less than the federal minimum hourly wage rate nor more than four hundred dollars ($400) for …

A. The county clerk shall cause to be held a public school of instruction for all election board members and others who will be officially concerned with the conduct of an election. B. The schools of instruction provided for in this section shall be held following an election boa…

At all times on election day while performing their duties, members of the election board shall wear uniform identification badges. Such badges shall be furnished by the county clerk. The secretary of state shall prescribe the form and material of such identification badges, whic…

A. In those polling places designated by the secretary of state as being subject to the provisions of the 1975 amendments to the federal Voting Rights Act of 1965, oral assistance shall be made available to assist language minority voters who cannot read sufficiently well to exer…

The secretary of state shall: A. generally supervise all elections by administering the Election Code [Chapter 1 NMSA 1978] in its statewide application; B. prepare instructions for the conduct of election and registration matters in accordance with the laws of the state; C. advi…

A. The secretary of state shall adopt rules for an administrative procedure for hearing complaints on violations of the provisions of Title III of the federal Help America Vote Act of 2002, including provisions related to voting system standards, provisional voting procedures, vo…

A. The county clerk may appoint messengers to deliver ballot boxes, poll books, keys, election supplies and other materials pertaining to the election. Messengers may also be authorized to collect mailed ballots from polling places or monitored secured containers and removable me…

A. The county chair of each political party represented on the ballot in a partisan election may appoint in writing challengers for each polling location. If more than one challenger is appointed to a polling location, the challengers shall be listed in ranking order. B. If any c…

qualifications; restrictions. A. Before accepting an appointment or entering into service as a challenger or watcher for an election, a person shall attend a training session in advance of that election. The training shall be provided by the county clerk based on a uniform curric…

A. A challenger, upon presentation of the written appointment to the precinct board [election board], shall be permitted to be present at any time from the time the precinct board [election board] convenes at the polling place until the completion of the precinct board's [electio…

At all times while they are present in the polling place, challengers shall wear uniform identification badges designating them as authorized challengers of the political party which they represent. They shall not wear any other form of identification, party or candidate pins. Th…

prohibited activities. A. Challengers, watchers and county canvass observers shall: (1) not be permitted to perform any duty of an election board member; (2) not handle the ballots, signature rosters, checklist of voters or voting machines or take any part in the counting or tall…

The act of denying a challenger, who has presented a written appointment to the precinct board [election board] and who is not interfering with the orderly conduct of the election, the right to be present at the polling place, or denying a challenger the right to challenge voters…

A. An election-related organization may in a statewide or special election appoint watchers in a county if the organization provides a written notice to the secretary of state at least seven days prior to serving as a watcher during early voting, the election date or the ballot q…

History: 1953 Comp., § 3-2-26, enacted by Laws 1969, ch. 240, § 47; 1987, ch. 249, § 5; repealed by Laws 2011, ch. 137, § 110.

A. Upon presentation to a precinct board [election board] of a written appointment, a watcher or election observer may: (1) be present at any time from the time the precinct board [election board] convenes at the polling place until the completion of the precinct board's [electio…

A. The secretary of state shall prepare and furnish to each county: (1) sufficient forms, blanks, records, files or other equipment deemed necessary by him for the registration of voters, including suitable instructions concerning their use for each registration officer; (2) prin…

The secretary of state shall prescribe the form of a multipurpose certificate of registration, which shall be printed in English and Spanish. The certificate of registration form shall be clear and understandable to the average person and shall include brief but sufficient instru…

The act of denying a watcher or an election observer, who has presented a written appointment to the precinct board [election board] and who is not interfering with the orderly conduct of the election, the right to be present at the polling place or denying a watcher or election …

A. The county chair of each political party represented on a partisan ballot may appoint in writing county canvass observers. A candidate for elected office and an election-related organization in a statewide or special election may each appoint county canvass observers in a coun…

A. The state chair of each political party represented on a partisan ballot may appoint in writing state canvass observers. A candidate for elected office in a statewide election and an election-related organization in a statewide or special election may each appoint state canvas…

An election-related organization shall register with the secretary of state at least seventy days before a regularly scheduled statewide election or forty-two days before a special election or an election to fill a vacancy in the United States house of representatives. History: L…

A. The secretary of state shall maintain an elections security program within the bureau of elections. The program shall have the general responsibility of advising the secretary of state, county clerks and the voting system certification committee regarding voting system and cyb…

[election boards]; training manual. A. The secretary of state shall provide: (1) instructions for the precinct board [election board], which shall include a brief nontechnical explanation of its duties as required by the Election Code [Chapter 1 NMSA 1978]; and (2) a single train…

In carrying out his duties under the Election Code [Chapter 1 NMSA 1978], the secretary of state shall, once before each and every statewide election, cause to be organized and conducted at convenient places and times in this state seminars on the administration of the Election C…

A. The county clerk on or before forty-two days next preceding a statewide election shall appoint the necessary election boards for that election, and before twenty-one days next preceding a special election the county clerk shall appoint the necessary election boards for that el…

judges; qualification of qualified residents. A. In order to qualify for appointment by the county clerk as a member of the election board, a person shall: (1) be a voter of the county in which the person is appointed to serve; (2) be able to read and write; (3) have the necessar…

History: 1953 Comp., § 3-2-9, enacted by Laws 1975, ch. 255, § 14; 1987, ch. 249, § 1; 1991, ch. 105, § 2; 1978 Comp., § 1-2-8, repealed by Laws 2019, ch. 212, § 284.

A. Not less than twenty-one days prior to the date for appointing members of election boards, the county clerk shall publish a notice once in a newspaper of general circulation to the effect that election boards are to be appointed for the specified number of precincts, stating t…

A. Each precinct as nearly as practicable shall be composed of contiguous and compact areas having clearly definable boundaries. All precinct boundaries shall comply with the provisions of the Precinct Boundary Adjustment Act [1-3-10 to 1-3-14 NMSA 1978]. B. A precinct shall be d…

Sections 1-3-10 through 1-3-14 NMSA 1978 may be cited as the "Precinct Boundary Adjustment Act". History: Laws 1983, ch. 223, § 1; 1991 (1st S.S.), ch. 6, § 6.

The purpose of the Precinct Boundary Adjustment Act [1-3-10 to 1-3-14 NMSA 1978] is to comply with the criteria established pursuant to the provisions of Subsection (c) of Section 141 of Title 13 of the United States Code in order to obtain an enumeration of the populations of el…

A. Before each federal decennial census, every precinct shall comply with the requirements of Section 1-3-1 NMSA 1978, and if necessary its boundary shall be adjusted to coincide with a feature or a boundary that is: (1) shown on the standard base maps developed pursuant to Subse…

public body redistricting; release of nominating petitions. A. Prior to commencement of the federal decennial census, the secretary of state shall review all county precinct maps submitted pursuant to Section 1-3-12 NMSA 1978 for compliance with the provisions of the Precinct Bou…

All precinct maps prepared by the county clerk as required in the Precinct Boundary Adjustment Act [1-3-10 to 1-3-14 NMSA 1978] shall be on a standard base map as prescribed by the secretary of state in order to achieve as nearly as practicable uniformity of size and scale. Histo…

A. The location of each polling place within a building shall be clearly designated by appropriate signs, displayed prominently and clearly. Signs for each polling place shall also be clearly displayed outside the building where polling takes place. B. Not less than thirty days p…

A. Each election-day polling place in a statewide election that does not contain mail ballot election precincts or precincts consolidated pursuant to Section 1-3-4 NMSA 1978 shall comply with the requirements for polling places and precincts as provided in Subsections B and C of …