2020 New Mexico Statutes
Chapter 1 - Elections
Article 1 - Definitions and General Provisions
Section 1-1-19 - Elections covered by code.
A. The Election Code applies to the following:
(1) general elections;
(2) primary elections;
(3) special elections;
(4) elections to fill vacancies in the office of United States representative;
(5) local elections included in the Local Election Act; and
(6) recall elections of county officers, school board members or applicable municipal officers.
B. To the extent procedures are incorporated or adopted by reference by separate laws governing such elections or to the extent procedures are not specified by such laws, certain provisions of the Election Code shall also apply to special district elections not covered by the Local Election Act [Chapter 1, Article 22 NMSA 1978].
History: 1953 Comp., § 3-1-18, enacted by Laws 1969, ch. 240, § 19; 1975, ch. 255, § 6; 1977, ch. 222, § 4; 1985, ch. 168, § 1; 2018, ch. 79, § 1.
ANNOTATIONSCross references. — For primary elections, see 1-8-10 to 1-8-44 NMSA 1978.
For election of representative in congress, see 1-15-17 NMSA 1978.
For school district elections, see 1-22-1 NMSA 1978 et seq.
For municipal elections, see 3-8-1 NMSA 1978.
The 2018 amendment, effective July 1, 2018, added certain recall elections to the list of elections covered by the Election Code, and made conforming changes as a result of the enactment of the Local Election Act; in Subsection A, Paragraph A(3), deleted "statewide" preceding "special elections", in Paragraph A(4), after "in the office of", added "United States", after "representative", deleted "in congress; and", in Paragraph A(5), deleted "school district" and added "local", and after "elections", added "included in the Local Election Act; and", and added Paragraph A(6); and in Subsection B, deleted former Paragraph B(1) and paragraph designation "(2)", after "shall also apply to", added "special district officer or special district bond or other", and after "special district elections", added "not covered by the Local Election Act".
Application of the Election Code to public improvement district formation elections. — The Election Code's thirty-day limitation period for filing a complaint to contest an election applies to a public improvement district formation election under the Public Improvement District Act. Glaser v. LeBus, 2012-NMSC-012, 276 P.3d 959.
Where the petitioners filed a complaint to contest an election to form a public improvement district under the Public Improvement District Act thirteen months after the election, the action was barred by the thirty-day limitation for filing a complaint to contest an election under the Election Code. Glaser v. LeBus, 2012-NMSC-012, 276 P.3d 959.
Scope of section. — County official recall elections are not listed in this section. Sparks v. Graves, 2006-NMCA-030, 139 N.M. 143, 130 P.3d 204.
Write-in candidates in conservancy district elections. — Conservancy district board rule prohibiting write-in candidates for election to the board is invalid as contrary to the legislative intent expressed by this section, making the Election Code, Chapter 1, NMSA 1978, applicable to special district elections and to the constitutional mandate in N.M. Const., art. II, § 8 of "free and open" elections. Gonzales v. Middle Rio Grande Conservancy Dist., 1987-NMCA-125, 106 N.M. 426, 744 P.2d 554.
Public improvement district formation elections. — The formation election provisions of the Public Improvement District Act incorporate the election contest procedures of the Election Code. Glaser v. LeBus, 2012-NMCA-028, 274 P.3d 114.
Special school bond election is not "special election" or "municipal election" within statutes so that the word "election" should apply to all special and municipal elections and so that no person should vote in any special or municipal election unless registered, and voters otherwise qualified were entitled to vote in special school bond election, although not registered. Johnston v. Board of Educ., 1958-NMSC-141, 65 N.M. 147, 333 P.2d 1051.
Words "general election," used in act providing for method of changing name of a municipality, contemplated the biennial election for choosing state and county officials and national representatives in congress. Benson v. Williams, 1952-NMSC-074, 56 N.M. 560, 246 P.2d 1046.
Elections for board of directors of conservancy district. — A person cannot stand for election for the board of directors of the Middle Rio Grande Conservancy District if that person resides in a county in which part of the district is located but outside the district itself. 1988 Op. Att'y Gen. No. 88-34.
