Chapter 1 — Chapter 1

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.

History: 1953 Comp., § 3-8-41, enacted by Laws 1977, ch. 230, § 9; 1980, ch. 13, § 5; 1980, ch. 43, § 5; 2003, ch. 300, § 4; 1978 Comp., § 1-8-61 recompiled as § 1-15A-10 by Laws 2011, ch. 137, § 109; repealed by Laws 2023, ch. 39, § 99.

History: 1953 Comp., § 3-8-43, enacted by Laws 1977, ch. 230, § 11; 1978 Comp., § 1-8-63 recompiled as § 1-15A-11 by Laws 2011, ch. 137, § 109; repealed by Laws 2023, ch. 39, § 99.

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 …

History: 1953 Comp., § 3-8-39, enacted by Laws 1977, ch. 230, § 7; 1980, ch. 13, § 3; 1980, ch. 43, § 3; 1988, ch. 17, § 6; 1978 Comp., § 1-8-59 recompiled as § 1-15A-8 by Laws 2011, ch. 137, § 109; repealed by Laws 2023, ch. 39, § 99.

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.

History: 1953 Comp., § 3-16-10, enacted by Laws 1969, ch. 240, § 383; repealed by Laws 2019, ch. 212, § 284.

History: 1953 Comp., § 3-16-11, enacted by Laws 1969, ch. 240, § 384; repealed by Laws 2019, ch. 212, § 284.

History: 1953 Comp., § 3-16-12, enacted by Laws 1969, ch. 240, § 385; 1977, ch. 222, § 99; repealed by Laws 2009, ch. 150, § 37.

History: 1953 Comp., § 3-16-13, enacted by Laws 1975, ch. 287, § 1; repealed by Laws 2019, ch. 212, § 284.

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…

History: 1953 Comp., § 3-16-5, enacted by Laws 1969, ch. 240, § 378; 1977, ch. 222, § 94; 1981, ch. 146, § 2; 2003, ch. 356, § 31; 2007, ch. 337, § 16; repealed by Laws 2019, ch. 212, § 284.

History: 1953 Comp., § 3-16-6, enacted by Laws 1969, ch. 240, § 379; 1977, ch. 222, § 95; 2003, ch. 356, § 32; 2007, ch. 337, § 17; repealed by Laws 2019, ch. 212, § 284.

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…

Falsely certifying to the statements contained in the certificate required of persons soliciting signatures on a referendum petition is a fourth degree felony. History: 1953 Comp., § 3-17-7, enacted by Laws 1969, ch. 240, § 392.

A. Before any referendum petition is circulated for signatures, the sponsors shall submit the original draft thereof to the secretary of state to determine whether or not it meets the requirements of law for referendum petitions. At the same time the original draft is submitted t…

The secretary of state shall fix and declare the number of the referendum petition and the popular name of the law to which it refers and by which it shall be designated on the ballot. History: 1953 Comp., § 3-17-9, enacted by Laws 1969, ch. 240, § 394.

proclamation. Within ten days after receipt of official notification of an action of congress proposing to conventions in the several states an amendment to the constitution of the United States, the governor shall, by proclamation, call a convention for the purpose of ratifying …

The proclamation shall specify the time and place of holding the convention and shall set forth the proposed amendment to the constitution of the United States. History: 1953 Comp., § 3-18-2, enacted by Laws 1969, ch. 240, § 401.

composition. The ratification convention shall be composed of each member of the state legislature. The convention shall meet in the chamber of the house of representatives and, where applicable, the rules of the house of representatives shall govern the proceedings of the conven…

delegates. Delegates to the ratification convention shall be paid per diem and mileage at the same rate as provided for members of the legislature; provided that such per diem shall not be paid for any period of time exceeding three calendar days. History: 1953 Comp., § 3-18-4, e…

The proceedings of the ratification convention shall be certified to in the manner and form prescribed by existing law in respect to state action on proposed amendments to the constitution of the United States. History: 1953 Comp., § 3-18-5, enacted by Laws 1969, ch. 240, § 404. …

History: 1953 Comp., § 3-19-1, enacted by Laws 1969, ch. 240, § 405; 1978 Comp., § 1-19-1, repealed by Laws 2021, ch. 109, § 22.

History: 1953 Comp., § 3-19-16.1, enacted by Laws 1973, ch. 401, § 1; repealed by Laws 2019, ch. 262, § 17.

History: 1953 Comp., § 3-19-16.2, enacted by Laws 1973, ch. 401, § 2; repealed by Laws 2019, ch. 262, § 17.