A. The Primary Election Law [1-8-10 to 1-8-52 NMSA 1978] applies to major political party nominations for all offices that are to be filled at the general election with the exception of presidential electors.
B. The Primary Election Law does not apply to the election of persons to fill municipal, school district or special district offices, nor does it apply to special elections to fill vacancies in any office filled at the general election. No bond issue or other question shall be voted upon at any primary election.
History: 1953 Comp., § 3-8-16, enacted by Laws 1969, ch. 240, § 166; 1977, ch. 222, § 19.
Cross references. — For presidential electors not to be nominated at primary, see 1-15-2 NMSA 1978.
Candidate for member of state education board not nominated by primary convention. — Under former law, since the manifest object of the classifications of the primary election statutes was to require candidates for office, elected from a judicial district only, as contrasted to those elected from the state at large, to follow the provisions of 3-11-16, 1953 Comp., rather than to have to be nominated by a statewide primary convention, a candidate for the office of member of the state board of education was not nominated by the primary nominating convention. 1964 Op. Att'y Gen. No. 64-10.
Party may follow own rules for school board nominations. — A political party may nominate whomever it chooses for school board elections under such rules and regulations as it may adopt. 1943 Op. Att'y Gen. No. 43-4222 (opinion rendered under former law).
Structure 2021 New Mexico Statutes
Article 8 - Nominations and Primary Elections
Section 1-8-1 - Nominating procedures; major political parties; minor political parties.
Section 1-8-2 - Nomination by minor political party; convention; designated nominees.
Section 1-8-3 - Nomination by minor political party; other methods.
Section 1-8-3 - Nomination by minor political party; other methods. (Effective January 1, 2023.)
Section 1-8-4 - Secretary of state; certification of nominees; minor political party.
Section 1-8-5 - Canvassing boards; certification of nominees of parties participating in primary.
Section 1-8-6 - Vacancy on primary ballot.
Section 1-8-8 - Vacancy on general election ballot; occurring after primary.
Section 1-8-11 - Primary Election Law; time of holding primary.
Section 1-8-12 - Primary Election Law; proclamation calling primary and general elections.
Section 1-8-13 - Primary Election Law; contents of proclamation.
Section 1-8-13 - Primary Election Law; contents of proclamation. (Effective January 1, 2023.)
Section 1-8-14 - Primary Election Law; proclamation; duties of secretary of state.
Section 1-8-15 - Primary Election Law; proclamation; duties of county clerk.
Section 1-8-16 - Primary Election Law; proclamation; amendment.
Section 1-8-17 - Primary Election Law; offices affected; questions prohibited.
Section 1-8-18 - Primary Election Law; who may become a candidate.
Section 1-8-20 - Primary Election Law; candidacy for more than one office.
Section 1-8-21 - Primary election; methods of placing names on primary ballot.
Section 1-8-21.1 - Designation of candidates by convention.
Section 1-8-22 to 1-8-24 - Repealed.
Section 1-8-27 - Primary Election Law; declaration of candidacy; manner of filing.
Section 1-8-29 - Primary Election Law; declaration of candidacy; form.
Section 1-8-32 - Primary Election Law; nominating petition; offenses; penalty.
Section 1-8-33 - Primary Election Law; nominating petition; number of signatures required.
Section 1-8-36.1 - Primary Election Law; write-in candidates.
Section 1-8-36.1 - Primary Election Law; write-in candidates. (Effective January 1, 2023.)
Section 1-8-37 to 1-8-39 - Repealed.
Section 1-8-39.1 - Declaration of pre-primary designation; certification by secretary of state.
Section 1-8-40 - Primary Election Law; declaration of candidacy; false statement.
Section 1-8-41 - Primary Election Law; filing fee.
Section 1-8-42 - Primary Election Law; pauper's statement in lieu of filing fee.
Section 1-8-44 - Primary Election Law; withdrawal of candidates.