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 office shall file with the proper filing officer a declaration of candidacy. The declaration shall be filed between 9:00 a.m. and 5:00 p.m. on the sixty-third day preceding the date of the election. The county clerk shall ensure that a declaration of candidacy filed pursuant to this section specifies that it is for a write-in candidate.
D. At the time of filing the declaration of candidacy, the write-in candidate shall be considered a candidate for all purposes and provisions relating to candidates in the Local Election Act, except that the write-in candidate's name shall not be printed on the ballot nor posted in any polling place.
History: 1978 Comp., § 1-22-8.1, enacted by Laws 2018, ch. 79, § 22; 2019, ch. 212, § 149.
The 2019 amendment, effective April 3, 2019, removed certain provisions related to write-in candidates; deleted former Subsection D, which related to counting a write-in vote; redesignated former Subsection E as Subsection D; and deleted former Subsections F and G, which related to casting a write-in vote and certifying an election where a write-in candidate is unopposed.
Structure New Mexico Statutes
Section 1-22-2 - Definitions. (Effective July 1, 2022.)
Section 1-22-3.1 - Municipal officer election day; procedures; exceptions.
Section 1-22-4 - Regular local election; proclamation; publication.
Section 1-22-7 - Declaration of candidacy; filing date; penalty.
Section 1-22-8 - Declaration of candidacy; sworn statement of intent; form.
Section 1-22-8.1 - Write-in candidates.
Section 1-22-10 - Candidate qualification; challenges; ballots.
Section 1-22-16 - Municipal runoff elections.
Section 1-22-18 - Local election; date term of office begins.
Section 1-22-19 - Early voting; municipal early voting locations.