Chapter 1, Chapter 1

As used in the Native American Voting Rights Act: A. "early voting location" means an alternate voting location and a mobile alternate voting location; B. "Indian nation, tribe or pueblo" means a federally recognized Indian nation, tribe or pueblo located wholly or partially in N…

A. When adjusting precinct boundaries for any group of census blocks that are on Indian nation, tribal or pueblo lands, the board of county commissioners shall inquire of each Indian nation, tribe or pueblo in the county to provide internal and external political boundaries for t…

A. An Indian nation, tribe or pueblo may submit a written request to a county clerk for locating early voting locations, election day polling places or monitored secured containers on or near the Indian nation's, tribe's or pueblo's lands. B. A written request for election day po…

A. A county clerk who has received a written request from an Indian nation, tribe or pueblo for one or more election day polling places on or near Indian nation, tribal or pueblo land shall consider the request when submitting recommendations to the board of county commissioners …

A. A county clerk who has received a written request from an Indian nation, tribe or pueblo for one or more early voting locations shall provide at least one alternate voting or mobile alternate voting location on or near the Indian nation, tribal or pueblo land; provided that: (…

A. A county clerk who has received a written request from an Indian nation, tribe or pueblo for one or more monitored secured containers on or near Indian nation, tribal or pueblo land shall evaluate the population on the Indian nation, tribal or pueblo land, the distance voters …

on voter registration certificates and mailed ballot applications. A. The secretary of state shall maintain a list of government and official buildings on Indian nation, tribal and pueblo land where members of the Indian nation, tribe or pueblo may request delivery of mailed ball…

If the president, governor or governing body of an Indian nation, tribe or pueblo has declared a state of emergency or has invoked emergency powers pursuant to other laws: A. a polling place located on the Indian nation, tribal or pueblo land shall not be eliminated or consolidat…

Chapter 1, Article 22 NMSA 1978 may be cited as the "Local Election Act". History: 1978 Comp., § 1-22-1, enacted by Laws 1985, ch. 168, § 3; repealed and reenacted Laws 2018, ch. 79, § 16.

A. The proper filing officer shall determine whether a candidate filing a declaration of candidacy is registered to vote within the area to be elected to represent and, if required for the office being sought, whether the candidate's nominating petition for that office has been f…

A. All runoff elections authorized by Article 7, Section 5 of the constitution of New Mexico shall be conducted pursuant to this section as a top-two runoff election or as a ranked-choice runoff election as follows: (1) a top-two runoff election shall be conducted on a separate b…

The term of office of a candidate elected in a regular local election or ensuing top-two runoff election shall begin on January 1 following the candidate's election, and the candidate to whom a certificate of election has been issued shall take the oath of office before entering …

In a regular local election, a county clerk shall provide at least one alternate voting or mobile alternate voting location in a municipality when requested by a municipality in the county; provided that the: A. municipality elects its municipal officers at the regular local elec…

As used in the Local Election Act: A. "local election" means a local government election; B. "local governing body" means a board, council or commission, as appropriate for a given local government; C. "local government" means a: (1) political subdivision of the state with author…

qualifications of candidates. A. A regular local election shall be held on the first Tuesday after the first Monday in November of each odd-numbered year. A regular local election shall be held to elect qualified persons to membership on a local governing body and, where applicab…

A. All municipalities shall elect their municipal officers pursuant to this section on the municipal officer election day, which is the first Tuesday in March of even-numbered years, unless the municipality has opted in to the election of its municipal officers at the regular loc…

dates and charter amendments for procedures affected by the Election Code; public financing. A. Election provisions or procedures in the laws of a municipality that operate in addition to and do not conflict with the provisions of the Election Code continue in effect as long as s…

A. Between one hundred twenty and one hundred fifty days before the next regular local election, each local government shall notify the county clerk of the county in which the primary administrative office of the local government is situate of all local government positions that …

A. A candidate for a position that will be filled at a regular local election shall file a declaration of candidacy with the proper filing officer between 9:00 a.m. and 5:00 p.m. on the seventieth day before the date of the regular local election. B. A candidate shall file for on…

In making a declaration of candidacy, the candidate shall submit a sworn statement of intent in substantially the following form: "DECLARATION OF CANDIDACY--STATEMENT OF INTENT I, ___________________ (candidate's name on certificate of registration), being first duly sworn, say t…

A. Write-in candidates shall be permitted in regular local elections. B. A person may be a write-in candidate only if the person has the qualifications to be a candidate for the position for which the person is running. C. A person desiring to be a write-in candidate for an offic…

This act [1-22A-1 to 1-22A-10 NMSA 1978] may be cited as the "School District Campaign Reporting Act". History: Laws 2013, ch. 180, § 1.

It is unlawful for a candidate or the candidate's agent to make an expenditure of contributions received, except for the following purposes: A. expenditures of the campaign; B. donations to the state general fund; C. donations to an organization to which a federal income tax dedu…

As used in the School District Campaign Reporting Act: A. "campaign committee" means one or more persons authorized by a candidate to raise, collect or expend contributions on the candidate's behalf for the purpose of electing the candidate to office; B. "candidate" means a perso…

A. A candidate or campaign committee that has received contributions or made expenditures of one thousand dollars ($1,000) or more shall file with the secretary of state a report of all contributions received and expenditures made on a prescribed form, and the report shall be fil…

A. Each required report of expenditures and contributions shall be typed or printed legibly, or on a computer disc or format approved by the secretary of state, and shall include: (1) the name and address of the person to whom an expenditure was made or from whom a contribution w…

A. No anonymous contributions may be accepted in excess of one hundred dollars ($100). The aggregate amount of anonymous contributions received by a candidate in an election cycle shall not exceed five hundred dollars ($500). B. Cash contributions received at special events that …

arbitration; referrals for enforcement. A. The secretary of state may initiate investigations to determine whether any provision of the School District Campaign Reporting Act has been violated. Additionally, any person who believes that a provision of that act has been violated m…

A. If a statement of no activity or a report of expenditures and contributions contains false or incomplete information or is filed after any deadline imposed by the School District Campaign Reporting Act, the candidate, in addition to any other penalties or remedies prescribed b…

A. If the secretary of state reasonably believes that a person committed, or is about to commit, a violation of the School District Campaign Reporting Act, the secretary of state shall refer the matter to the attorney general or a district attorney for enforcement. B. The attorne…

A. Any person who knowingly and willfully violates any provision of the School District Campaign Reporting Act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both. B. The S…

History: Laws 1987, ch. 160, § 4; 2011, ch. 137, § 106; pealed by Laws 2018, ch. 79, § 175.

A. Chapter 1, Article 24 NMSA 1978 may be cited as the "Special Election Act". B. Notwithstanding any state or local laws to the contrary, the provisions of the Special Election Act govern the conduct of all special elections conducted by the state or any local public body. C. No…

As used in the Special Election Act, "local public body" means: A. a county; B. a local government subject to the Local Election Act [Chapter 1, Article 22 NMSA 1978]; or C. a special district not subject to the Local Election Act. History: Laws 2018, ch. 79, § 39; 1978 Comp., § …

A. Whenever a local public body determines that it is necessary or desirable to conduct a special election: (1) the governing body shall by resolution issue a public proclamation calling the election. The proclamation shall forthwith be filed with the county clerk no later than s…

A. All special elections in this state shall be conducted absentee. Mailed ballots shall be used exclusively for voting in special elections. Except as otherwise provided in the Special Election Act, all special elections in this state shall be conducted and canvassed as provided…

A. Upon the filing in the office of the county clerk of a proclamation calling a special election, the county clerk shall appoint election boards for the special election pursuant to the provisions of Sections 1-2-6 through 1-2-18 NMSA 1978. The county clerk shall keep a log of h…

nongovernmental entities. A. The costs of conducting a special election shall be paid for by the state or local public body calling for the election. B. When the proclamation is issued by: (1) the secretary of state, the state shall pay all costs of the special election, includin…

Chapter 1, Article 25 NMSA 1978 may be cited as the "Recall Act". History: 1953 Comp., § 77-4A-1, enacted by Laws 1977, ch. 308, § 1; 2018, ch. 79, § 89; 1978 Comp., § 22-7-1, recompiled and amended as § 1-25-1 by Laws 2019, ch. 212, § 159.

A. Any person filing any court action challenging a recall petition provided for in the Recall Act shall do so within seven days after the determination of the county clerk as to whether sufficient signatures have been submitted. Challenges to the recall petition shall be directe…

A. Except as otherwise provided in the Recall Act, recall elections shall be conducted and canvassed pursuant to the provisions of the Local Election Act. B. The date of the recall election shall be set no later than ninety days after the date of the determination by the county c…

Following a decision of the district court, if the county clerk proceeds to initiate proceedings for a recall election as a special local election, the local jurisdiction shall ensure payment of the cost of the recall election as provided in the Special Election Act [Chapter 1, A…

A. The vacancy created by a recalled official shall be filled as provided by law for vacancies in office for the local jurisdiction. B. Under no circumstances may a recalled official be appointed to fill any vacancy for the remainder of the term of office for which the recalled o…

As used in the Recall Act: A. "canvasser" means a person who circulates a petition and collects signatures; B. "county clerk" means: (1) the clerk of the county in which the local jurisdiction is situate; (2) in the case of a multicounty jurisdiction, the clerk of the county in w…

A. An elected official of the following local jurisdictions is subject to recall pursuant to the provisions of the Recall Act: (1) a school district, pursuant to Article 12, Section 14 of the constitution of New Mexico; (2) a county, pursuant to Article 10, Section 9 of the const…

A. The recall petition shall be composed of a face sheet and a subsequent page. An individual, group or organization desiring to initiate the recall process may obtain the forms from the district court. B. The petition shall be on eight and one-half inch by eleven inch paper. C. …

The petitioner shall complete the following portions of the face sheet: A. name of the named official; B. name of the local jurisdiction in which the named official has been elected; C. name of the individual, group or organization initiating the petition; and D. the specific cha…

A. The petitioner shall file the completed face sheet along with a petition in the district court of the county in which the named official resides, requesting a hearing for a determination by the court of whether sufficient facts and probable cause exist to allow the petitioner …

A. Upon receipt of completed petitions, the county clerk shall stamp the petitions with the filing date. All completed petitions for the recall of one or more named officials shall be filed with the county clerk on the same day within ninety days from the date of initiation. B. F…

A. When submitted to the county clerk, each petition shall have a notarized affidavit attached. The affidavit shall state that the canvasser circulated that particular petition and witnessed each signature and any other information recorded on the petition. B. According to the be…