A. No designation of party affiliation shall be made or changed on an existing certificate of registration at any time during which registration is closed.
B. Every person appearing as a candidate on the primary or general election ballot shall be a candidate only under the name and party affiliation designation appearing on the person's existing certificate of registration on file in the county clerk's office on the date of the secretary of state's general election proclamation.
History: 1953 Comp., § 3-4-14, enacted by Laws 1969, ch. 240, § 72; 1981, ch. 144, § 1; 1991, ch. 165, § 1; 1993, ch. 314, § 15; 1993, ch. 316, § 15; 2019, ch. 212, § 51.
Cross references. — For change of party affiliation, see 1-4-15 NMSA 1978.
The 2019 amendment, effective April 3, 2019, in Subsection B, after "date of the", deleted "governor's" and added "secretary of state's general election".
The 1993 amendment, effective June 18, 1993, deleted "Affidavit of" preceding "Registration" in the section heading, substituted "certificate" for "affidavit" in Subsections A and B, and added "of a primary election" at the end of Subsection B.
The 1991 amendment, effective June 14, 1991, deleted "between the day the governor issues the proclamation of a primary election and the day after the primary election is held nor shall any such designation be made or changed" following "affidavit of registration" in Subsection A and inserted "primary or" near the beginning of Subsection B.
Registration for party primary. — One not registered as a democrat was not entitled to vote in democratic primary as he was not a "registrant" within statute. Reese v. Dempsey, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157 (decided under former law).
Law prior to Subsection B. — Prior to the 1981 amendment of this section, an unsuccessful primary candidate could run as an independent in the succeeding general election. Anderson v. Hooper, 498 F. Supp. 898 (D.N.M. 1980).
When changes in party affiliation possible. — Changes of party affiliation may be made until the close of regular hours on the day on which the governor's proclamation is made and filed. 1944 Op. Att'y Gen. No. 44-4482 (opinion rendered under former law).
Structure New Mexico Statutes
Article 4 - Registration of Electors
Section 1-4-1 - Registration required.
Section 1-4-2 - Registration of qualified residents; right to vote in primary.
Section 1-4-3 - Registration declared permanent.
Section 1-4-4 - Fees and charges prohibited.
Section 1-4-5 - Method of registration; unlawful use of information; penalty.
Section 1-4-5.1 - Method of registration; form.
Section 1-4-5.2 - Agency registration; form.
Section 1-4-5.3 - Registration; lack of physical address.
Section 1-4-5.4 - Registration; form.
Section 1-4-5.5 - Requests for voter data, mailing labels or special voter lists.
Section 1-4-5.6 - Unlawful use of voter data, mailing labels or special voter lists; penalties.
Section 1-4-5.7 - Registration at voting location prior to voting.
Section 1-4-7 - Registration by temporary absentees.
Section 1-4-9 - Duties of county clerk; registration of language minorities.
Section 1-4-11 - Duties of county clerk; upon receipt of certificates.
Section 1-4-12 - Duties of county clerk; filing of certificates.
Section 1-4-13 - Change of name; correcting error.
Section 1-4-15 - Registration; change of party affiliation.
Section 1-4-16 - Registration; when party affiliation shall not be made.
Section 1-4-17 - Registration; change of residence within same county.
Section 1-4-18 - Change of registered residence to another county.
Section 1-4-18.1 - Online voter registration.
Section 1-4-19 - Registration; transfer upon creation or change of precincts; notice to voters.
Section 1-4-21 - Refusal of registration; appeal.
Section 1-4-22 - Cancellation of registration; petition to district court.
Section 1-4-24 - Cancellation of registration; county clerk; grounds.
Section 1-4-25 - Cancellation of registration; determination of death.
Section 1-4-28 - Cancellation of registration; change of residence; notice.
Section 1-4-30 - Cancellation of registration; voter's request.
Section 1-4-32 - Cancellation of registration; duties of county clerk; retention of records.
Section 1-4-34 - Board of registration; board of county commissioners; appointment.
Section 1-4-35 - Board of registration; secretary.
Section 1-4-36 - Board of registration; compensation.
Section 1-4-37 - Board of registration; term; qualification.
Section 1-4-38 - Board of registration; meetings.
Section 1-4-39 to 1-4-45 - Repealed.
Section 1-4-46 - Clerical assistance for county clerk.
Section 1-4-47 - Driver's license voter registration.
Section 1-4-48 - Agency registration.
Section 1-4-50 - Prohibition on release of registration information.