2021 New Mexico Statutes
Chapter 1 - Elections
Article 12 - Conduct of Elections
Section 1-12-7 - Conduct of election; persons not permitted to vote.
A. A person shall not vote in a primary, general or statewide special election unless he is a voter of the county in which he offers to vote. A valid original certificate of registration in the county register is prima facie evidence of being a voter in the precinct.
B. A person whose major party affiliation is not designated on his original certificate of registration shall not vote in a primary election.
C. A person at a primary election shall not be permitted to vote for the candidate of any party other than the party designated on his current certificate of registration.
History: 1953 Comp., § 3-12-10, enacted by Laws 1969, ch. 240, § 246; 1987, ch. 249, § 25; 1991, ch. 105, § 25; 1993, ch. 314, § 54; 1993, ch. 316, § 54; 1999, ch. 267, § 31; 2003, ch. 356, § 29.
ANNOTATIONSCross references. — For voter defined, see 1-1-5 NMSA 1978.
For lack of registration as ground for challenge, see 1-12-20 NMSA 1978.
For listing on purge list as ground for challenge, see 1-12-20 NMSA 1978.
For lack of party affiliation as ground for challenge, see 1-12-20 NMSA 1978.
For person arriving at polls after closing time not entitled to vote, see 1-12-27 NMSA 1978.
For provision that right to vote not to be restricted, etc., on account of religion, etc., see N.M. Const., art. VII, § 3.
The 2003 amendment, effective July 1, 2003, substituted "county" for "precinct" in the first sentence of Subsection A; and rewrote Subsection B which read "No person shall vote in any primary election whose party affiliation is not designated on his original certificate of registration".
The 1999 amendment, effective June 18, 1999, in Subsection C, substituted "current certificate" for "original certificate", and deleted "at the time the governor issues the primary election proclamation" at the end; and deleted former Subsection D, which stated that no person shall vote in any primary, general or statewide special election whose name and certificate of registration number appears on the list of voters purged from the rolls.
The 1993 amendment, effective June 18, 1993, substituted "certificate" for "affidavit" throughout the section.
The 1991 amendment, effective April 2, 1991, added "at the time the governor issues the primary election proclamation" at the end of Subsection C.
Closed primary election system. — Under New Mexico's closed primary election system, a voter who wants to vote during the primary election must be affiliated with a major political party and can only vote for candidates of a party which is designated on the voter's current voter registration certificate. Crum v. Duran, 2017-NMSC-013.
New Mexico's closed primary election system is not unconstitutional. — Where plaintiff sued the secretary of state and the Bernalillo county clerk, seeking an injunction to enjoin them from prohibiting voters who declined to designate their political affiliation from voting during the primary election, the district court did not err in granting the motion to dismiss plaintiff's complaint, because requiring voters to designate their affiliation with a major political party at least twenty-eight days before the primary election, and only allowing voters to vote for candidates of a party which is designated on their voter registration, are reasonably modest burdens which further the state's interests in securing the purity of and efficiently administering primary elections. Crum v. Duran, 2017-NMSC-013.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections §§ 163 et seq., 181, 182, 184; 26 Am. Jur. 2d Elections § 329.
Purging voters' registration lists, remedy and procedure for, 69 A.L.R. 1035.
Attorney general as proper party to bring action to purge voters' registration lists, 96 A.L.R. 1035.
Residence or domicile of student or teacher for purpose of voting, 98 A.L.R.2d 488, 44 A.L.R.3d 797.
Residence of students for voting purposes, 44 A.L.R.3d 797.
29 C.J.S. Elections §§ 19, 48, 49, 51.
