2018 New Mexico Statutes
Chapter 1 - Elections
Article 10 - Ballots and Ballot Labels
Section 1-10-7 - Ballots; name shall appear but once.
Except in the case of a candidate for United States senate or United States representative who is also a candidate for president or vice president of the United States, no candidate's name shall appear more than once on the ballot. Whenever a person is, with his knowledge and consent, a candidate at any nominating convention or primary for nomination as the candidate of any political party for any office to be voted on at the election to be held next after such convention or primary, his name shall not be printed on the ballot at such election except in the column under the party name and emblem of the party designated on his declaration of candidacy or statement of candidacy for convention designation.
History: 1953 Comp., § 3-10-11.7, enacted by Laws 1977, ch. 222, § 30; 1979, ch. 378, § 13; 1981, ch. 143, § 3.
Intent of section is to prevent party switching after an unsuccessful primary bid in order to run in the general election. Anderson v. Hooper, 498 F. Supp. 898 (D.N.M. 1980) (decided prior to 1981 amendment).
Running as independent in succeeding election not prevented. — Section 1-8-19 NMSA 1978 and this section do not prevent an unsuccessful party primary candidate from running as an independent in the succeeding general election. Anderson v. Hooper, 498 F. Supp. 898 (D.N.M. 1980)(decided prior to 1981 amendment).
Section does not apply to presidential primary and does not prevent placement of candidate's name on general election ballot. Anderson v. Hooper, 498 F. Supp. 898 (D.N.M. 1980)(decided prior to 1981 amendment).
