Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Section 1-12-36 - Repealed. - Repeals. — Laws 1981, ch. 149, § 10, repealed 1-12-36...
Section 1-12-37 - Conduct of election; voting machines; verification of returns. - Two election officials of different parties shall verify that the...
Section 1-12-37.1 - Repealed. - History: Laws 2002, ch. 51, § 1; 2009, ch. 150,...
Section 1-12-38 - Voting machines; printomatic voting machine; admittance of watchers and candidates; proclamation of results. - During the reading of the results of the votes cast,...
Section 1-12-39 - Conduct of election; voting machine; completion of locking procedures. - Before adjourning, the precinct board [election board] shall complete the...
Section 1-12-40 - Repealed. - History: 1953 Comp., § 3-12-64, enacted by Laws 1969, ch....
Section 1-12-41 - Repealed. - Repeals. — Laws 1981, ch. 153, § 2, repealed 1-12-41...
Section 1-12-42 - Conduct of election; employees; time to vote. - A. On election day a voter may absent himself from...
Section 1-12-43 - Emergency situations. - A. If any electronic vote tabulator becomes disabled while being...
Section 1-12-44 - Recompiled. - History: 1953 Comp., § 3-12-78, enacted by Laws 1977, ch....
Section 1-12-45 - Repealed. - History: 1953 Comp., § 3-12-79, enacted by Laws 1977, ch....
Section 1-12-45.1 - Repealed. - History: 1978 Comp., § 1-12-45.1, enacted by Laws 1991, ch....
Section 1-12-46 - Repealed. - History: 1953 Comp., § 3-12-80, enacted by Laws 1977, ch....
Section 1-12-47 - Recompiled. - History: 1953 Comp., § 3-12-81, enacted by Laws 1977, ch....
Section 1-12-48 - Repealed. - History: 1953 Comp., § 3-12-82, enacted by Laws 1977, ch....
Section 1-12-49 - Recompiled. - History: 1953 Comp., § 3-12-83, enacted by Laws 1977, ch....
Section 1-12-50 - Repealed. - History: 1953 Comp., § 3-12-84, enacted by Laws 1977, ch....
Section 1-12-51 - Paper ballots; unauthorized receipt or delivery of paper ballot. - Except for absentee ballots and unless otherwise provided by law,...
Section 1-12-52 - Repealed. - History: 1953 Comp., § 3-12-86, enacted by Laws 1977, ch....
Section 1-12-53 - Repealed. - History: 1953 Comp., § 3-12-87, enacted by Laws 1977, ch....
Section 1-12-54 - Repealed. - History: 1953 Comp., § 3-12-88, enacted by Laws 1977, ch....
Section 1-12-55 - Paper ballots; marking. - All marks on the paper ballot shall be made only...
Section 1-12-56 - Repealed. - History: 1953 Comp., § 3-12-90, enacted by Laws 1977, ch....
Section 1-12-57 - Paper ballots; procedure after marking. - After marking and preparing a paper ballot in a polling...
Section 1-12-58 - Recompiled. - History: 1953 Comp., § 3-12-92, enacted by Laws 1977, ch....
Section 1-12-59 - Viewing marked paper ballot. - A. A voter may, on the voter's own initiative and...
Section 1-12-60 - Repealed. - History: 1953 Comp., § 3-12-94, enacted by Laws 1977, ch....
Section 1-12-61 - Removal of paper ballots from polling place. - No person shall remove any paper ballot from any polling...
Section 1-12-62 - Paper ballots; spoiled or defaced. - A. A voter who accidentally spoils or erroneously prepares the...
Section 1-12-63 - Election judges; unused paper ballots. - Immediately upon the time of the closing of the polls,...
Section 1-12-64 - Repealed. - History: 1953 Comp., § 3-12-98, enacted by Laws 1977, ch....
Section 1-12-65 - Emergency situations; paper ballots; counting and tallying procedures. - A. The presiding judge and the election judges, assisted by...
Section 1-12-66 - Paper ballots; signature rosters, checklist of voters and tally sheets; disposition. - A. After all certificates have been executed, the presiding judge...
Section 1-12-67 - Paper ballots to be placed in ballot box. - After all certificates have been executed, the election board shall...
Section 1-12-68 - Paper ballots; county canvass; when recount is required. - A. If it appears that defective returns cannot be corrected...
Section 1-12-69 - Disposition of paper ballots. - A. Paper ballots marked by voters and all records related...
Section 1-12-70 - Reporting of vote totals by precinct; voting data maintained by precinct. - A. The county clerk shall report to the secretary of...
Section 1-12-71 - Repealed. - History: 1953 Comp., § 3-4-8.2, enacted by Laws 1977, ch....
Section 1-12-72 - Repealed. - History: 1978 Comp., § 1-12-72, enacted by Laws 2020 (1st...
Article 13 - Post-Election Duties
Section 1-13-1 - Post-election duties; county canvassing board. - A. The board of county commissioners is ex officio the...
Section 1-13-2 - Post-election duties; missing returns. - A. If at the time the county canvassing board meets...
Section 1-13-3 - Repealed. - History: 1953 Comp., § 3-13-3, enacted by Laws 1969, ch....
Section 1-13-4 - Post-election duties; county canvass; method. - The county clerk shall: A. prepare the report of the...
Section 1-13-5 - Post-election duties; county canvass; defective returns; correction. - A. The county canvassing board shall immediately issue a summons...
Section 1-13-6 - Post-election duties; county canvass; defective returns; notification of secretary of state. - If the county canvassing board discovers any defective returns and...
Section 1-13-7 - Post-election duties; county canvass; when recheck is required. - A. If it appears that the defective returns cannot be...
Section 1-13-8 - Post-election duties; county canvass; search for missing returns. - If it is necessary to open a ballot box on...
Section 1-13-9 - Post-election duties; county canvass; voting machine recheck. - A. During the official canvass of an election, the county...
Section 1-13-10 - Post-election duties; voting machine recheck; cost. - A. Before any recheck and comparison of returns and voting...
Section 1-13-11 - Post-election duties; tie vote. - In the event of a tie vote between any candidates...
Section 1-13-12 - Post-election duties; mandamus to compel canvass. - The district court, upon petition of any voter, may issue...
Section 1-13-13 - Post-election duties; county canvassing board; certifying results. - A. The county canvassing board shall meet to approve the...
Section 1-13-14 - Post-election duties; opening the ballot box. - Once the ballot box has been locked by the precinct...
Section 1-13-15 - Post-election duties; statewide election; state canvass. - A. The state canvassing board shall meet in the state...
Section 1-13-16 - Post-election duties; secretary of state duties. - A. The report of the state canvass shall be made...
Section 1-13-17 - Post-election duties; nature of documents. - The returns and certificates sent to the secretary of state...
Section 1-13-18 - Post-election duties; state canvass; corrections. - The state canvassing board shall carefully examine all election returns...
Section 1-13-19 - Post-election duties; proceedings for contempt. - Failure of any person to obey any summons required to...
Section 1-13-20 - Post-election duties; expense of corrections. - The expense of any proceeding to complete or correct any...
Section 1-13-21 - Clearing voting systems; transferring ballots. - A. The county clerk shall not clear the votes recorded...
Section 1-13-22 - Post-election duties; responsibility for voting machines. - After the election, the county clerk shall have custody of...
Section 1-13-23 - Post-election duties; records. - A. The returns and certificates of the result of the...
Section 1-13-24 - Post-election duties; unopposed write-in candidates. - A. In a general election, the proper canvassing board shall...
Article 14 - Contests and Recounts
Section 1-14-1 - Contest of elections; who may contest. - Any unsuccessful candidate for nomination or election to any public...
Section 1-14-2 - Contest of elections; status of person holding certificate. - In case of a contest of an election, the person...
Section 1-14-3 - Contest of election; filing of complaint. - Any action to contest an election shall be commenced by...
Section 1-14-4 - Contest of election; judgment; effect; costs. - Judgment shall be rendered in favor of the party for...
Section 1-14-5 - Contest of election; appeal. - An appeal shall lie from any judgment or decree entered...
Section 1-14-6 - Contest of election; preservation of ballots. - Either the contestant or contestee, within the time provided by...
Section 1-14-7 - Contest of election; disqualification of trial judge. - Any election contest shall be an action or proceeding within...
Section 1-14-8 - Impounding ballots; ballots defined. - As used in Sections 1-14-9 through 1-14-12 NMSA 1978, "ballots"...
Section 1-14-9 - Impounding ballots; application for court order; deposit required. - Any candidate in an election may petition the district court...
Section 1-14-10 - Order of impoundment; contents. - The court order of impoundment shall specify the items of...
Section 1-14-11 - Impoundment; subsequent orders; access; termination of order. - A. The party petitioning the court for the original order...
Section 1-14-12 - Disposition of deposit in impoundment proceedings. - If the petitioner shall successfully prosecute an election content [contest]...
Section 1-14-13 - Post-election duties; proof that no corruption occurred; rejection of ballots. - A. In any election contest a prima facie showing that...
Section 1-14-13.1 - Repealed. - History: Laws 2005, ch. 270, § 75; repealed by Laws...
Section 1-14-13.2 - Post-election duties; voting system check. - A. At least ninety days prior to each general election,...
Section 1-14-13.3 - General election audit. - The secretary of state shall issue rules for the conduct...
Section 1-14-14 - Recounts; rechecks; application. - A. Whenever any candidate believes that any error or fraud...
Section 1-14-15 - Recounts; rechecks; cost of proceedings. - A. An applicant for a recount shall deposit with the...
Section 1-14-16 - Recount or recheck proceedings. - A. Immediately after filing of the application for recount or...
Section 1-14-17 - Repealed. - History: 1953 Comp., § 3-14-21, enacted by Laws 1969, ch....
Section 1-14-18 - Recount; recheck; recanvass by canvassing boards. - A. Immediately upon receipt of the certificate of recount or...
Section 1-14-19 - Recount; recheck; candidate for district judge. - If a recount or recheck is demanded on the election...
Section 1-14-20 - Recounts; rechecks; appointment of a special master. - If the judge of the district court for the county,...
Section 1-14-21 - Recounts; rechecks; mandamus. - If the state canvassing board, the county canvassing board, secretary...
Section 1-14-22 - Contests and recounts; provisional, absentee and other paper ballots; use of ballot images. - A. The secretary of state shall issue rules governing and...
Section 1-14-23 - Recount procedures. - A. To ensure the accuracy of electronic vote tabulating systems,...
Section 1-14-24 - Automatic recounts; elections for state and federal offices; procedures. - A. An automatic recount of the vote is required when...
Section 1-14-24 - Automatic recounts; elections for state and federal offices; procedures. (Effective January 1, 2023.) - A. An automatic recount of the vote is required when...
Section 1-14-25 - Automatic recounts; expenses. - The secretary of state shall reimburse the counties for the...
Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms
Section 1-15-1 - Presidential electors; notification of state chairmen. - On or before June 1 of each year in which...
Section 1-15-2 - Presidential electors; primary election. - Presidential electors shall not be nominated at the primary election....
Section 1-15-3 - Presidential electors; nomination. - A. Any qualified political party in New Mexico desiring to...
Section 1-15-4 - Presidential electors; election. - A. The names of the presidential elector nominees shall not...
Section 1-15-4.1 - Compact enacted and entered into. - The "Agreement Among the States to Elect the President by...
Section 1-15-5 - Presidential electors; duties. - Presidential electors for the state shall perform the duties of...
Section 1-15-6 - Presidential electors; organization. - A. Presidential electors of the state shall meet at 11:00...
Section 1-15-7 - Presidential electors; when governor fills vacancy. - In the case of the death or absence of any...
Section 1-15-8 - Presidential electors; electoral college casting ballots; certification of results. - The presidential electors of the state shall meet at noon...
Section 1-15-9 - Presidential electors; penalty. - A. All presidential electors shall cast their ballots in the...
Section 1-15-10 - Presidential electors; per diem and mileage. - Each presidential elector shall be paid per diem for each...
Section 1-15-11 - United States senator; nomination. - Candidates for the office of United States senator shall be...
Section 1-15-12 - United States senator; election. - The United States senator shall be elected at the general...
Section 1-15-13 - United States senator; canvass of vote. - The vote for the office of United States senator shall...
Section 1-15-14 - United States senator; vacancy. - A. Immediately upon there being a vacancy in the office...
Section 1-15-15 - Unconstitutional. - Compiler's notes. — This section was declared malapportioned and therefore...
Section 1-15-15.1 - Unconstitutional. - Compiler's notes. — The New Mexico congressional districts adopted in...
Section 1-15-15.2 - [United States representative; congressional districts.] - Congressional District One is composed of Bernalillo county precincts 2...
Section 1-15-16 - Unconstitutional. - Compiler's notes. — This section was declared malapportioned and, therefore,...
Section 1-15-16.1 - Precincts. - A. Precinct designations and boundaries used in the 1991 congressional...
Section 1-15-17 - United States representative; nomination and election. - One representative in congress shall be nominated and elected from...
Section 1-15-17.1 - Repealed. - Repeals. — Laws 1982 (3d S.S.), ch. 3, § 11,...
Section 1-15-18 - Repealed. - Repeals. — Laws 1983, ch. 232, § 17, repealed 1-15-18...
Section 1-15-18.1 - United States representative; vacancy. - A. Within ten days after a vacancy occurs in the...
Section 1-15-19 - Expiring and succeeding terms. - "Expiring term" means a term of office which expires not...
Section 1-15-20 - Expiring term and next succeeding term in same election. - A. In all instances where the expiring term of the...
Section 1-15-21 - Expiring term and next succeeding term; nomination. - A. If any political party convention nominates any individual to...
Section 1-15-22 - Expiring term and next succeeding term; filing fee. - Notwithstanding any of the provisions of the Primary Election Law...
Section 1-15-23 - Expiring term and succeeding term. - If the same individual is a candidate at a general...
Article 15A - Presidential Primary
Section 1-15A-1 - Short title. - This act [Chapter 1, Article 15A NMSA 1978] may be...
Section 1-15A-2 - Presidential primary; date of election. - In the year in which the president and vice president...
Section 1-15A-3 - Selection of national convention delegates by major political parties; use of alternate selection procedures; certification. - A. If a major political party chooses not to participate...
Section 1-15A-4 - Conduct of election. - The presidential primary election shall be conducted and canvassed along...
Section 1-15A-5 - Nomination by committee. - There shall be convened in Santa Fe a committee consisting...
Section 1-15A-6 - Nomination by petition. - No later than 5:00 p.m. on the thirtieth day following...
Section 1-15A-7 - Notification to candidates. - The secretary of state shall contact each person who has...
Section 1-15A-8 - Voting in presidential primary; ballot position. - A. All candidates in the presidential primary shall appear with...
Section 1-15A-9 - National convention. - A. Upon the completion of the state canvass of the...
Section 1-15A-10 - Delegate pledge. - A. No person selected as a delegate or alternate shall...
Section 1-15A-11 - Penalty. - It is unlawful for any alternate or delegate to fail...
Article 16 - Ballot Questions
Section 1-16-1 - Ballot questions; application of Election Code. - At all elections at which any ballot question is submitted...
Section 1-16-2 - Ballot questions; state ballot questions; local government ballot questions. - A. A state ballot question includes any: (1) proposed amendment...
Section 1-16-3 - Ballot questions; certification. - A. Whenever a state ballot question is to be submitted...
Section 1-16-4 - Ballot questions; state constitutional amendments; publication. - A. The secretary of state shall cause a proposed constitutional...
Section 1-16-5 - Repealed. - History: 1953 Comp., § 3-16-5, enacted by Laws 1969, ch....
Section 1-16-6 - Repealed. - History: 1953 Comp., § 3-16-6, enacted by Laws 1969, ch....
Section 1-16-7 - Ballot questions; form. - A. The secretary of state shall by rule prescribe uniform...
Section 1-16-8 - Ballot questions; prohibition on nonbinding or advisory questions. - In no case shall a nonbinding or merely advisory question...
Section 1-16-9 - Ballot questions; single ballot; space on ballot. - A. Ballot questions submitted to the voters at any election...
Section 1-16-10 - Repealed. - History: 1953 Comp., § 3-16-10, enacted by Laws 1969, ch....
Section 1-16-11 - Repealed. - History: 1953 Comp., § 3-16-11, enacted by Laws 1969, ch....
Section 1-16-12 - Repealed. - History: 1953 Comp., § 3-16-12, enacted by Laws 1969, ch....
Section 1-16-13 - Repealed. - History: 1953 Comp., § 3-16-13, enacted by Laws 1975, ch....
Article 17 - Referendum Petitions
Section 1-17-1 - Referendum petitions; who may sign. - Any person who is a qualified elector of New Mexico...
Section 1-17-2 - Referendum petitions; form. - The petition and order for referendum shall be in the...
Section 1-17-3 - Referendum petitions; solicitor of signatures; duty. - Every person who solicits signatures to any petition for referendum...
Section 1-17-4 - Referendum petitions; penalty. - It is a fourth degree felony for any person, on...
Section 1-17-5 - Referendum petitions; requirements as to contents. - A. Each page of a referendum petition upon which signatures...
Section 1-17-6 - Referendum petitions; form of certificate. - The back of each page of every referendum petition containing...
Section 1-17-7 - Referendum petitions; false certification; penalty. - Falsely certifying to the statements contained in the certificate required...
Section 1-17-8 - Referendum petitions; approval before circulation. - A. Before any referendum petition is circulated for signatures, the...
Section 1-17-9 - Referendum petitions; number; popular name. - The secretary of state shall fix and declare the number...
Section 1-17-10 - Referendum petitions; sufficiency or insufficiency. - The secretary of state shall ascertain and declare the sufficiency...
Section 1-17-11 - Referendum petitions; sufficiency of petition; burden of proof. - A. In considering the sufficiency of a referendum petition the...
Section 1-17-12 - Referendum petitions; determination of insufficiency; duty of secretary of state. - A. If the complete referendum petition filed with the secretary...
Section 1-17-13 - Referendum petitions; writ of mandamus. - A. If the secretary of state fails or refuses to...
Section 1-17-14 - Referendum petitions; notice of election. - Before the general election at which any law subject to...
Article 18 - Federal Constitutional Amendments
Section 1-18-1 - Federal constitutional amendments; ratification convention; proclamation. - Within ten days after receipt of official notification of an...
Section 1-18-2 - Federal constitutional amendments; contents of proclamation. - The proclamation shall specify the time and place of holding...
Section 1-18-3 - Federal constitutional amendments; ratification convention; composition. - The ratification convention shall be composed of each member of...
Section 1-18-4 - Federal constitutional amendments; per diem and mileage of delegates. - Delegates to the ratification convention shall be paid per diem...
Section 1-18-5 - Federal constitutional amendments; certification of proceedings. - The proceedings of the ratification convention shall be certified to...
Article 19 - Campaign Practices
Section 1-19-1 - Repealed. - History: 1953 Comp., § 3-19-1, enacted by Laws 1969, ch....
Section 1-19-2 to 1-19-15 - Repealed. - Repeals. — Laws 1979, ch. 360, § 13, repealed 1-19-2...
Section 1-19-16 - Repealed. - History: 1953 Comp., § 3-19-16.1, enacted by Laws 1973, ch....
Section 1-19-17 - Repealed. - History: 1953 Comp., § 3-19-16.2, enacted by Laws 1973, ch....
Section 1-19-18 to 1-19-24 - Repealed. - Repeals. — Laws 1979, ch. 360, § 13, repealed 1-19-18...
Section 1-19-25 - Short title. - Sections 1-19-25 through 1-19-36 NMSA 1978 may be cited as...
Section 1-19-26 - Definitions. - As used in the Campaign Reporting Act: A. "advertisement" means...
Section 1-19-26.1 - Political committees; registration; disclosures; penalties. - A. It is unlawful for a political committee to continue...
Section 1-19-26.2 - Rules and regulations. - The secretary of state may adopt and promulgate rules and...
Section 1-19-26.3 - Campaign committee and political committee expenditures; disclosure; telephone calls; records. - A. A campaign committee or political committee that is required...
Section 1-19-26.4 - Disclaimers in advertisements. - A. A person who makes a campaign expenditure, a coordinated...
Section 1-19-26.5 - Political committees; acknowledgment of responsibilities; penalty. - A. Beginning on July 1, 2021, for all new political...
Section 1-19-26.6 - Political committees; notice of resignation or removal of treasurer. - A. An individual who resigns as the treasurer of a...
Section 1-19-27 - Reports required; electronic reporting system; campaign reporting system fund. - A. All reporting individuals shall file with the secretary of...
Section 1-19-27.2 - Repealed. - Repeals. — Laws 1993, ch. 46, § 58 repealed former...
Section 1-19-27.3 - Independent expenditures; reporting requirements. - A. A person who makes an independent expenditure not otherwise...
Section 1-19-28 - Furnishing report forms; political committees; candidates. - A. The secretary of state annually shall furnish to all...
Section 1-19-29 - Time and place of filing reports. - A. Except as otherwise provided in this section, all reporting...
Section 1-19-29.1 - Campaign funds; limitation on use. - A. It is unlawful for a candidate or the candidate's...
Section 1-19-30 - Repealed. - Repeals. — Laws 1993, ch. 46, § 58 repealed former...
Section 1-19-31 - Contents of report. - Each required report of expenditures and contributions shall be typed...
Section 1-19-32 - Inspection of public records. - A. Each of the following documents is a public record...
Section 1-19-32.1 - Reports examination; forwarding of reports. - A. The secretary of state shall conduct a thorough examination...
Section 1-19-33 - Repealed. - History: 1978 Comp., § 1-19-33, enacted by Laws 1979, ch....
Section 1-19-34 - Candidates; political or campaign committees; treasurer; bank account; anonymous contributions; contributions from special events; credit and debit card contributions. - A. A political or campaign committee or a candidate shall...
Section 1-19-34.1 - Legislative session fundraising prohibition. - A. It is unlawful during the prohibited period for a...
Section 1-19-34.2 - Regulated industry solicitations prohibited. - It is unlawful for an elected state official, public officer...
Section 1-19-34.3 - Contributions in one name given for another prohibited; concealing source of contributions used for independent expenditures. - A. It is unlawful for a person to make a...
Section 1-19-34.4 - Education and voluntary compliance; investigations; referrals for enforcement. - A. The secretary of state shall advise and seek to...
Section 1-19-34.5 - Presumptions; civil action. - A. For purposes of a civil action, it shall be...
Section 1-19-34.6 - Civil penalties. - A. If the secretary of state exhausts efforts in seeking...
Section 1-19-34.7 - Contribution limitations; candidates; political committees. - A. Except as provided in Subsections H through J of...
Section 1-19-34.8 - State ethics commission; jurisdiction. - A. The state ethics commission shall have jurisdiction to investigate...
Section 1-19-35 - Reports and statements; late filing penalty; failure to file. - A. Except for the report required to be filed and...
Section 1-19-36 - Criminal penalties. - A. Any person who knowingly and willfully violates any provision...
Section 1-19-37 - Applicability. - The provisions of the Campaign Reporting Act [1-19-25 to 1-19-36...
Article 19A - Voter Action
Section 1-19A-1 - Short title. - Chapter 1, Article 19A NMSA 1978 may be cited as...
Section 1-19A-2 - Definitions. - As used in the Voter Action Act: A. "applicant candidate"...
Section 1-19A-3 - Terms of participation; declaration of intent. - A. A person choosing to obtain financing pursuant to the...
Section 1-19A-4 - Qualifying contributions. - A. Applicant candidates shall obtain qualifying contributions as follows: (1)...
Section 1-19A-4.1 - Allowable contributions. - A. An applicant candidate may collect contributions during the sixty...
Section 1-19A-5 - Repealed. - History: Laws 2003, ch. 14, § 5; 2007 (1st S.S.),...
Section 1-19A-6 - Certification. - A. Upon receipt of a final submittal of qualifying contributions...
Section 1-19A-7 - Guidelines and restrictions for contributions to and expenditures of certified candidates. - A. All money distributed to a certified candidate shall be...
Section 1-19A-8 - Political party expenditures; contributions to certified candidates. - A. A certified candidate may accept monetary or in-kind contributions...
Section 1-19A-9 - Candidate reporting requirements. - A. The secretary shall publish guidelines outlining permissible campaign-related expenditures...
Section 1-19A-10 - Public election fund; creation; use. - A. There is created in the state treasury the "public...
Section 1-19A-11 - Determination of fund amount. - A. By January 1, 2007, and every two years thereafter,...
Section 1-19A-12 - Timing of fund distribution. - A. Beginning with the election cycle that ends with the...
Section 1-19A-13 - Amount of fund distribution. - A. By September 1 of each odd-numbered year, the secretary...
Section 1-19A-14 - Repealed. - History: Laws 2003, ch. 14, § 14; 2007 (1st S.S.),...
Section 1-19A-15 - Administration; secretary of state; duties. - A. The secretary shall adopt rules to ensure effective administration...
Section 1-19A-15.1 - State ethics commission; jurisdiction. - A. The state ethics commission shall have jurisdiction to investigate...
Section 1-19A-16 - Appeals. - The procedure for challenging a certification decision by the secretary...
Section 1-19A-17 - Penalties. - A. In addition to other penalties that may be applicable,...
Article 20 - Offenses and Penalties
Section 1-20-1 - Effect of article. - The penalties imposed by Sections 1-20-3 through 1-20-23 NMSA 1978...
Section 1-20-2 - Scope of penalty provision. - A. Unless otherwise provided in the law governing elections of...
Section 1-20-3 - Registration offenses. - Registration offenses consist of performing any of the following acts...
Section 1-20-4 - Unlawful opening of ballot box. - Unlawful opening of a ballot box consists of opening any...
Section 1-20-5 - Unlawful opening of a voting machine. - Unlawful opening of a voting machine consists of, without lawful...
Section 1-20-6 - Unlawful possession of keys. - Unlawful possession of keys consists of the possession at any...
Section 1-20-7 - Unlawful possession of absentee ballot. - Unlawful possession of absentee ballot consists of the possession at...
Section 1-20-8 - False voting. - False voting consists of: A. voting or offering to vote...
Section 1-20-8.1 - Conduct of election; fraudulent and double voting. - Every person not entitled to vote who fraudulently votes, and...
Section 1-20-8.2 - Paper ballots; delivery of two or more ballots. - Every voter who knowingly attempts to vote on two or...
Section 1-20-9 - Falsifying election documents. - Falsifying election documents consists of performing any of the following...
Section 1-20-10 - False swearing. - False swearing consists of taking any oath required by the...
Section 1-20-11 - Offering a bribe. - Offering a bribe consits [consists] of wilfully [willfully] advancing, paying,...
Section 1-20-12 - Accepting a bribe. - Accepting a bribe consists of knowingly accepting any payment or...
Section 1-20-13 - Coercion of employees. - Coercion of employees consists of any officer or agent of...
Section 1-20-13.1 - Coercion of voters. - Coercion of voters consists of compelling any voter at any...
Section 1-20-14 - Intimidation. - Intimidation consists of inducing or attempting to induce fear in...
Section 1-20-15 - Conspiracy to violate Election Code. - Conspiracy to violate the Election Code [Chapter 1 NMSA 1978]...
Section 1-20-16 - Electioneering too close to the polling place. - A. Electioneering too close to the polling place consists of...
Section 1-20-17 - Obstructing the polling place. - A. Obstructing the polling place consists of: (1) any person...
Section 1-20-18 - Permitting a prisoner to vote. - A. Permitting a prisoner to vote consists of a warden...
Section 1-20-19 - Offenses by messengers. - Offense by messenger consists of the wilful [willful] delay or...
Section 1-20-19.1 - Unlawful release of election results. - A. Unlawful release of election results consists of the county...
Section 1-20-20 - Disturbing the polling place. - Disturbing the polling place consists of creating any disorder or...
Section 1-20-21 - Unlawful possession of alcoholic liquors. - Unlawful possession of alcoholic liquors consists of the use or...
Section 1-20-22 - Violation of Election Code; general penalty. - If the Election Code [Chapter 1 NMSA 1978] does not...
Section 1-20-23 - Violation of code by officers. - Violation of the Election Code [Chapter 1 NMSA 1978] by...
Article 21 - Federal Voting Rights Compliance
Section 1-21-1 - Short title. - This act [1-21-1 to 1-21-14 NMSA 1978] may be cited...
Section 1-21-2 - Definitions. - As used in the Federal Voting Rights Compliance Act: A....
Section 1-21-3 - Eligibility of new resident and former resident to vote. - Any new resident or former resident may vote for presidential...
Section 1-21-4 - Application for presidential ballot. - A. A new resident desiring to vote for presidential officers...
Section 1-21-5 - Processing application; issuance of ballot; casting of ballot. - A. If satisfied that the application is proper and that...
Section 1-21-6 - New resident; former resident; presidential ballot register. - A. For each presidential election, the county clerk shall keep...
Section 1-21-7 - Form of presidential ballot. - The form of the absentee presidential ballot for new residents...
Section 1-21-8 - Presidential ballot envelopes. - The secretary of state shall prescribe the form of, procure...
Section 1-21-9 - Manner of voting of new residents and former residents. - A. Any new resident or any former resident, not voting...
Section 1-21-10 - Delivery of presidential ballots to absent voter precincts. - The county clerk shall deliver presidential ballots to the absent...
Section 1-21-11 - Handling presidential ballots by absent voter precinct board [election board]. - Presidential ballots shall be handled in the same manner as...
Section 1-21-12 - Cancellation of presidential ballot at death. - The cancellation of a presidential ballot due to death of...
Section 1-21-13 - Application of election laws. - Except as provided in the Federal Voting Rights Compliance Act,...
Section 1-21-14 - Penalty. - Any person willfully making a false statement or affidavit under...
Article 22 - Local Elections
Section 1-22-1 - Short title. - Chapter 1, Article 22 NMSA 1978 may be cited as...
Section 1-22-2 - Definitions. - As used in the Local Election Act: A. "local election"...
Section 1-22-2 - Definitions. (Effective July 1, 2022.) - As used in the Local Election Act: A. "local election"...
Section 1-22-3 - Regular local elections; special local elections; ballot questions; qualifications of candidates. - A. A regular local election shall be held on the...
Section 1-22-3.1 - Municipal officer election day; procedures; exceptions. - A. All municipalities shall elect their municipal officers pursuant to...
Section 1-22-3.2 - Municipalities; municipal election provisions; adjustment of dates and charter amendments for procedures affected by the Election Code; public financing. - A. Election provisions or procedures in the laws of a...
Section 1-22-4 - Regular local election; proclamation; publication. - A. Between one hundred twenty and one hundred fifty days...
Section 1-22-5 - Repealed. - History: 1978 Comp., § 1-22-5, enacted by Laws 1985, ch....
Section 1-22-6 - Repealed. - History: 1978 Comp., § 1-22-6, enacted by Laws 1985, ch....
Section 1-22-7 - Declaration of candidacy; filing date; penalty. - A. A candidate for a position that will be filled...
Section 1-22-8 - Declaration of candidacy; sworn statement of intent; form. - In making a declaration of candidacy, the candidate shall submit...
Section 1-22-8.1 - Write-in candidates. - A. Write-in candidates shall be permitted in regular local elections....
Section 1-22-9 - Repealed. - History: 1978 Comp., § 1-22-9, enacted by Laws 1985, ch....
Section 1-22-10 - Candidate qualification; challenges; ballots. - A. The proper filing officer shall determine whether a candidate...
Section 1-22-10.1 - Repealed. - History: 1978 Comp., § 1-22-10.1, enacted by Laws 2018, ch....
Section 1-22-11 - Repealed. - History: 1978 Comp., § 1-22-11, enacted by Laws 1985, ch....
Section 1-22-12 - Repealed. - History: 1978 Comp., § 1-22-12, enacted by Laws 1985, ch....
Section 1-22-13 - Repealed. - History: 1978 Comp., § 1-22-13, enacted by Laws 1985, ch....
Section 1-22-14 - Repealed. - History: 1978 Comp., § 1-22-14, enacted by Laws 1985, ch....
Section 1-22-15 - Repealed. - History: 1978 Comp., § 1-22-15, enacted by Laws 1985, ch....
Section 1-22-16 - Municipal runoff elections. - A. All runoff elections authorized by Article 7, Section 5...
Section 1-22-17 - Recompiled. - History: 1978 Comp., § 1-22-17, enacted by Laws 1985, ch....
Section 1-22-18 - Local election; date term of office begins. - The term of office of a candidate elected in a...
Section 1-22-19 - Early voting; municipal early voting locations. - In a regular local election, a county clerk shall provide...
Section 1-22-20 - Recompiled. - History: Laws 2018, ch. 79, § 33; 1978 Comp., §...
Article 22A - School District Campaign Reporting
Section 1-22A-1 - Short title. - This act [1-22A-1 to 1-22A-10 NMSA 1978] may be cited...
Section 1-22A-2 - Definitions. - As used in the School District Campaign Reporting Act: A....
Section 1-22A-3 - Reports required; time and place of filing. - A. A candidate or campaign committee that has received contributions...
Section 1-22A-4 - Contents of report. - A. Each required report of expenditures and contributions shall be...
Section 1-22A-5 - Anonymous contributions; special event fundraisers. - A. No anonymous contributions may be accepted in excess of...
Section 1-22A-6 - Voluntary compliance; complaints and investigations; arbitration; referrals for enforcement. - A. The secretary of state may initiate investigations to determine...
Section 1-22A-7 - Reports and statements; late filing penalty; failure to file. - A. If a statement of no activity or a report...
Section 1-22A-8 - Civil penalties. - A. If the secretary of state reasonably believes that a...
Section 1-22A-9 - Penalties; criminal enforcement. - A. Any person who knowingly and willfully violates any provision...
Section 1-22A-10 - Campaign funds; limitations on use. - It is unlawful for a candidate or the candidate's agent...
Article 23 - Mail Ballot Elections (Repealed.)
Section 1-23-1 - Repealed. - History: Laws 1987, ch. 160, § 1; repealed by Laws...
Section 1-23-2 - Repealed. - History: Laws 1987, ch. 160, § 2' repealed by Laws...
Section 1-23-3 - Repealed. - History: Laws 1987, ch. 160, § 3; 1989, ch. 73,...
Section 1-23-4 - Repealed. - History: Laws 1987, ch. 160, § 4; 2011, ch. 137,...
Section 1-23-5 - Repealed. - History: Laws 1987, ch. 160, § 5; 1989, ch. 73,...
Section 1-23-6 - Repealed. - History: Laws 1987, ch. 160, § 6; repealed by Laws...
Section 1-23-6.1 - Repealed. - History: 1978 Comp., § 1-23-6.1, enacted by Laws 1991, ch....
Section 1-23-7 - Repealed. - History: Laws 1987, ch. 160, § 7; 1989, ch. 73,...
Article 24 - Special Elections
Section 1-24-1 - Short title; Special Election Act; application; prohibition. - A. Chapter 1, Article 24 NMSA 1978 may be cited...
Section 1-24-1.1 - Definition. - As used in the Special Election Act, "local public body"...
Section 1-24-2 - Special election procedures; proclamation; publication. - A. Whenever a local public body determines that it is...
Section 1-24-3 - Special election procedures; conduct. - A. All special elections in this state shall be conducted...
Section 1-24-4 - Special election procedures; election board; records. - A. Upon the filing in the office of the county...
Section 1-24-5 - Special election procedures; costs of election; prohibition on nongovernmental entities. - A. The costs of conducting a special election shall be...
Section 1-24-6 - Recompiled. - History: Laws 2018, ch. 79, § 39; 1978 Comp., §...
Article 25 - Recall
Section 1-25-1 - Short title. - Chapter 1, Article 25 NMSA 1978 may be cited as...
Section 1-25-2 - Definitions. - As used in the Recall Act: A. "canvasser" means a...
Section 1-25-3 - Recall; elected officials subject to recall; limitations. - A. An elected official of the following local jurisdictions is...
Section 1-25-4 - Recall; petition. - A. The recall petition shall be composed of a face...
Section 1-25-5 - Recall; responsibilities of petitioner. - The petitioner shall complete the following portions of the face...
Section 1-25-6 - Recall; court hearing. - A. The petitioner shall file the completed face sheet along...
Section 1-25-7 - Recall; duties of county clerk. - A. Upon receipt of completed petitions, the county clerk shall...
Section 1-25-8 - Recall; affidavit with petition; penalty. - A. When submitted to the county clerk, each petition shall...
Section 1-25-9 - Recall; signatures. - A. No signature may be signed on the petition prior...
Section 1-25-10 - Recall; limitation on appeals of validity of recall petition. - A. Any person filing any court action challenging a recall...
Section 1-25-11 - Recall; election. - A. Except as otherwise provided in the Recall Act, recall...
Section 1-25-12 - Recall; expenses. - Following a decision of the district court, if the county...
Section 1-25-13 - Recall; vacancy. - A. The vacancy created by a recalled official shall be...
Article 26 - Nonpartisan Judicial Retention
Section 1-26-1 - Short title. - Sections 172 through 177 [1-26-1 to 1-26-6 NMSA 1978] of...
Section 1-26-2 - Judicial retention; eligibility for retention; definitions. - A. A justice of the supreme court, judge of the...
Section 1-26-3 - Judicial retention; supreme court justices. - A. Each eligible justice of the supreme court shall be...
Section 1-26-4 - Judicial retention; appeals court judges. - A. Each eligible judge of the court of appeals shall...
Section 1-26-5 - Judicial retention; district court judges. - A. Each eligible district court judge shall be subject to...
Section 1-26-6 - Judicial retention; metropolitan court judges. - A. Each eligible metropolitan court judge shall be subject to...