A. In a general election, the proper canvassing board shall not certify the election of an unopposed write-in candidate unless the candidate receives at least the number of write-in votes equal to two percent of the total vote in the state, district or county in which the candidate seeks election that were cast for governor in the last preceding general election in which a governor was elected.
B. In a regular local election, the secretary of state shall not issue a certificate of election to an unopposed write-in candidate unless the candidate receives either one hundred votes or the number of write-in votes equal to at least ten percent of the total number of ballots on which the office appears that are cast in the regular local election.
C. In a primary election, the proper canvassing board shall not certify the nomination of an unopposed write-in candidate unless the candidate receives at least the number of write-in votes in the primary election as the write-in candidate would need for signatures on a nominating petition pursuant to the requirements set out in Section 1-8-33 NMSA 1978.
D. In an election to fill a vacancy in the office of United States representative, the state canvassing board shall not certify the election of an unopposed write-in candidate unless the candidate receives at least the number of write-in votes equal to two percent of the total vote in the congressional district in which the candidate seeks election that were cast for governor in the last preceding general election in which a governor was elected.
History: Laws 2019, ch. 212, § 128.
Emergency clauses. — Laws 2019, ch. 212, § 286 contained an emergency clause and was approved April 3, 2019.
Structure New Mexico Statutes
Article 13 - Post-Election Duties
Section 1-13-1 - Post-election duties; county canvassing board.
Section 1-13-2 - Post-election duties; missing returns.
Section 1-13-4 - Post-election duties; county canvass; method.
Section 1-13-5 - Post-election duties; county canvass; defective returns; correction.
Section 1-13-7 - Post-election duties; county canvass; when recheck is required.
Section 1-13-8 - Post-election duties; county canvass; search for missing returns.
Section 1-13-9 - Post-election duties; county canvass; voting machine recheck.
Section 1-13-10 - Post-election duties; voting machine recheck; cost.
Section 1-13-11 - Post-election duties; tie vote.
Section 1-13-12 - Post-election duties; mandamus to compel canvass.
Section 1-13-13 - Post-election duties; county canvassing board; certifying results.
Section 1-13-14 - Post-election duties; opening the ballot box.
Section 1-13-15 - Post-election duties; statewide election; state canvass.
Section 1-13-16 - Post-election duties; secretary of state duties.
Section 1-13-17 - Post-election duties; nature of documents.
Section 1-13-18 - Post-election duties; state canvass; corrections.
Section 1-13-19 - Post-election duties; proceedings for contempt.
Section 1-13-20 - Post-election duties; expense of corrections.
Section 1-13-21 - Clearing voting systems; transferring ballots.
Section 1-13-22 - Post-election duties; responsibility for voting machines.
Section 1-13-23 - Post-election duties; records.
Section 1-13-24 - Post-election duties; unopposed write-in candidates.