2018 New Mexico Statutes
Chapter 1 - Elections
Article 10 - Ballots and Ballot Labels
Section 1-10-8.1 - General election; party position on ballot.
A. The order of preference for position on the ballots of the candidates of political parties in the general election shall be determined by lot at the time and in the manner prescribed by the secretary of state.
B. When electronic vote recording and tabulating machines or electronic vote tabulating machines are used, the offices and candidates shall be printed on the ballot in a vertical position with the order of preference being from top to bottom.
C. When paper ballots are used in a general election, such ballots shall be printed and bound so that the ballots for each precinct shall reflect the actual positioning of parties as they appear on all ballots in that precinct.
D. The secretary of state shall prescribe procedures and publish instructions to carry out the provisions of this section.
History: Laws 1981, ch. 166, § 1; 1985, ch. 207, § 22; 1991, ch. 105, § 18; 2009, ch. 150, § 13.
Cross references. — For position of names and offices on ballots, see 1-10-3 and 1-10-8 NMSA 1978.
For errors and omissions, see 1-10-9 NMSA 1978.
The 2009 amendment, effective June 19, 2009, in Subsection A, after "position on the", deleted "voting machines, emergency paper ballots and absentee"; deleted former Subsection B, which provided for the order of preference of major political parties; deleted former Subsection C, which provided for the preference of minor political parties; deleted former Subsection D, which provided that when lever voting machines are used, the sample ballot must reflect the actual positioning of parties on the voting machine; in Subsection B, after "printed on the ballot", deleted "sheet or ballot card"; and in Subsection C, after "When", deleted "emergency"; after "paper ballots", deleted "and absentee ballots"; and after "they appear on", deleted "the voting machine" and added "all ballots".
The 1991 amendment, effective April 2, 1991, substituted "position" for "rotation" in the section heading.
Compiler's notes. — Emmons v. Hooper, No. Civ.-78-404C (D.N.M., filed July 6, 1979), declared that the former practice by the secretary of state of placing the majority party's candidates on the top line of the ballot in every general election discriminated against candidates of nonmajority parties and against those voting for such candidates, thus violating the fourteenth amendment of the United States Constitution. Emmons v. Hooper, No. Civ.-78-404C (D.N.M., filed July 27, 1979), found the secretary of state's proposed plan, used until the enactment of this section, to eliminate intentional or purposeful discrimination sufficiently corrective.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 300 et seq.
29 C.J.S. Elections §§ 158, 159.
