2017 New Mexico Statutes
Chapter 3 - Municipalities
Article 8 - Municipal Elections
Section 3-8-1 - Election code; short title; purpose; "shall" and "may"; headings; construction; counting days.
3-8-1. Election code; short title; purpose; "shall" and "may"; headings; construction; counting days.
A. Chapter 3, Articles 8 and 9 NMSA 1978 may be cited as the "Municipal Election Code".
B. It is the purpose of the Municipal Election Code to:
(1) secure the secrecy of the ballot;
(2) secure the purity and integrity of elections;
(3) guard against the abuse of the elective franchise; and
(4) provide for the efficient administration and conduct of elections.
C. As used in the Municipal Election Code [Chapter 3, Articles 8 and 9 NMSA 1978], "shall" is mandatory and "may" is permissive.
D. Article and section headings do not in any manner affect the scope, meaning or intent of the provisions of the Municipal Election Code.
E. The Municipal Election Code shall govern the conduct of all aspects of all municipal elections except when the Municipal Election Code is silent or is in conflict with the state Election Code [Chapter 1 NMSA 1978] with respect to any procedures or protections required of the state by federal law, then the state Election Code shall govern, as appropriate. The provisions of the Municipal Election Code shall not apply to home rule municipalities or municipalities incorporated under special act unless the Municipal Election Code is adopted by reference by such municipality.
F. When computing time, the first day shall be excluded and the last included unless the last falls on a Sunday or legal holiday, in which case, the time prescribed shall be extended to include the whole of the following business day.
G. In the event that a municipality is required by law or ordinance to elect any or all members of the governing body from districts, then that municipality shall adopt an ordinance setting forth rules and regulations necessary to implement elections by district, and such municipal ordinance may conflict with and supersede the Municipal Election Code to the extent such ordinance must do so to legally implement elections by district.
History: 1978 Comp., 3-8-1, enacted by Laws 1985, ch. 208, 9; 1991, ch. 123, 1; 1995, ch. 200, 1.
