2018 New Mexico Statutes
Chapter 1 - Elections
Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms
Section 1-15-17 - United States representative; nomination and election.
One representative in congress shall be nominated and elected from each congressional district for voting purposes. Ballots for representatives in congress shall designate the office as congressional district number one, congressional district number two and congressional district number three. Only voters of each district shall be eligible to vote for the respective candidates of the district.
History: 1953 Comp., § 3-15-17, enacted by Laws 1969, ch. 240, § 367; 1982 (2nd S.S.), ch. 4, § 3.
Constitution gives congress exclusive power over qualifications of its members. — United States Const., art. I, § 5, relating to the powers of congress, provides that each house shall be sole and exclusive judge of the election and qualifications of its own members and deprives the courts of jurisdiction to determine those matters. State ex rel. Chavez v. Evans, 1968-NMSC-167, 79 N.M. 578, 446 P.2d 445.
State law cannot add to or subtract from constitutional qualifications. — The constitutional qualifications for membership in the lower house of congress exclude all other qualifications, and state law can neither add to nor subtract from them. State ex rel. Chavez v. Evans, 1968-NMSC-167, 79 N.M. 578, 446 P.2d 445.
Court must look to creating authority for all qualifications. — The state may provide such qualifications and restrictions as it may deem proper for offices created by the state; but for offices created by the United States Constitution, the court must look to the creating authority for all qualifications and restrictions. State ex rel. Chavez v. Evans, 1968-NMSC-167, 79 N.M. 578, 446 P.2d 445.
Constitution does not require election of representatives by district. — While holding under 3-10-19.1, 1953 Comp., (now repealed) that at large elections in a state entitled to more than one congressman do not work an abridgement of the privileges and immunities clause of U.S. Const., amend. XIV, § 1, the court also said that U.S. Const., art. I, § 2 is not a mandate to state legislatures and to the congress to provide for election of representatives by districts, but is optional. Norton v. Campbell, 359 F.2d 608 (10th Cir.), cert. denied, 385 U.S. 839, 87 S. Ct. 89, 17 L. Ed. 2d 73 (1966).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections § 4; 77 Am. Jur. 2d United States §§ 11, 23.
Death or disability of one elected to office before qualifying as creating a vacancy, 74 A.L.R. 486.
Statutory provision as to manner and time of notice of special election as mandatory or directory, 119 A.L.R. 661.
State court jurisdiction over contest involving primary election for member of congress, 68 A.L.R.2d 1320.
91 C.J.S. United States § 11.
