The governor may amend the proclamation between the time of its issuance and the first Tuesday in March to include a newly created public office that is capable by law of being filled at the next succeeding general election, or any existing office becoming vacant by removal, resignation or death when such vacancy occurs no later than the last Friday before the first Tuesday in March, or to provide for any corrections or omissions.
History: 1953 Comp., § 3-8-15, enacted by Laws 1969, ch. 240, § 165; 1975, ch. 295, § 5; 2011, ch. 137, § 54; 2015, ch. 145, § 53.
The 2015 amendment, effective July 1, 2015, provided that the governor may amend the proclamation between the time of its issuance and the first Tuesday in March when an existing office becomes vacant by removal, resignation or death when such vacancy occurs no later than the last Friday before the first Tuesday in March; and after "resignation or death", added "when such vacancy occurs no later than the last Friday before the first Tuesday in March".
When permissive language of section construed as mandatory. — When governor's proclamation omitted certain descriptions which would have a profound effect on voter notice and knowledgeability, the permissive language of this section was construed as being mandatory, and therefore, the governor was directed to amend proclamation to include the specific boundaries of the districts which make up the office and terms of each office relative to its district. State ex rel. Robinson v. King, 1974-NMSC-028, 86 N.M. 231, 522 P.2d 83.
Mandamus properly granted. — Since the governor's duty under the Primary Election Law to issue a proclamation is mandatory, mandamus is properly granted to compel the governor to specify in his proclamation the boundaries of the district making up the office of county commissioner and terms of that office. State ex rel. Robinson v. King, 1974-NMSC-028, 86 N.M. 231, 522 P.2d 83.
Structure 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.