2018 New Mexico Statutes
Chapter 1 - Elections
Article 8 - Nominations and Primary Elections
Section 1-8-13 - Primary Election Law; contents of proclamation.

Universal Citation: NM Stat § 1-8-13 (2018)
1-8-13. Primary Election Law; contents of proclamation.

The proclamation calling a primary election shall contain:

A. the names of the major political parties participating in the primary election;

B. the offices for which each political party shall nominate candidates; provided that if any law is enacted by the legislature in the year in which the primary election is held and the law does not take effect until after the date of the proclamation but prior to the date of the primary election, the proclamation shall conform to the intent of the law with respect to the offices for which each political party shall nominate candidates;

C. the date on which declarations of candidacy and nominating petitions for United States representative, any office voted upon by all the voters of the state, a legislative office, the office of district judge, district attorney, state board of education, public regulation commission or magistrate shall be filed and the places where they shall be filed in order to have the candidates' names printed on the official ballot of their party at the primary election;

D. the date on and place at which declarations of candidacy shall be filed for any other office and filing fees paid or, in lieu thereof, a pauper's statement of inability to pay;

E. the final date on and place at which candidates for the office of United States representative and for any statewide office seeking preprimary convention designation by the major parties shall file petitions and declarations of candidacy;

F. the final date on which the major political parties shall hold state preprimary conventions for the designation of candidates; and

G. the final date on and place at which certificates of designation of primary election candidates shall be filed by political parties with the secretary of state.

As used in the Primary Election Law [1-8-10 to 1-8-52 NMSA 1978], "statewide office" means any office voted on by all the voters of the state.

History: 1953 Comp., § 3-8-12, enacted by Laws 1969, ch. 240, § 162; 1975, ch. 295, § 4; 1982, ch. 1, § 1; 1985, ch. 2, § 1; 1993, ch. 55, § 1; 1994, ch. 92, § 1; 1995, ch. 124, § 12; 1998, ch. 36, § 3; 1999, ch. 267, § 25.

ANNOTATIONS

Cross references. — For appeals of nominating petitions, see Rule 12-603 NMRA.

The 1999 amendment, effective June 18, 1999, deleted former Subsections E and F, relating to the date on and place at which declarations of intent to be a write-in candidate for a statewide office, office of the United States representative, or any other office, shall be filed, and redesignated subsequent subsections accordingly.

The 1998 amendment, effective March 6, 1998, substituted "the" for "such" twice in Subsection B and inserted "public regulation commission" in Subsection C.

The 1995 amendment, effective January 1, 1996, inserted "calling a primary election" in the introductory phrase, deleted "or declarations of candidacy" preceding "and nominating petitions" in Subsection C, and inserted "petitions and" preceding "declarations" in Subsection G.

The 1994 amendment, effective January 1, 1996, substituted "or declarations of candidacy and nominating petitions" for "and nominating petitions" in Subsection C, and deleted "petitions and" following "parties shall file" in Subsection G.

The 1993 amendment, effective November 15, 1993, substituted "shall" for "must" in Subsection D, and added Subsections G through I and the last sentence.

Effect on general election of no listing of offices. — Not being listed on the proclamation does not preclude the office for which parties are to nominate candidates from appearing on the general election ballot. 1978 Op. Att'y Gen. No. 78-05.

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