2020 New Mexico Statutes
Chapter 1 - Elections
Article 1 - Definitions and General Provisions
Section 1-1-7.1 - Residence for purpose of candidacy and signing of petitions; rule for determining.

For the purpose of determining the residence of a person desiring to be a candidate for the nomination or election to an office under the provisions of the Election Code [Chapter 1 NMSA 1978] or for the purpose of determining the residence of any signer of a petition required by the Election Code, permanent residence shall be resolved in favor of that place shown on the person's certificate of registration as his permanent residence, provided the person resides on the premises.

History: 1978 Comp., § 1-1-7.1, enacted by Laws 1979, ch. 378, § 1; 1985, ch. 207, § 1; 1993, ch. 314, § 1; 1993, ch. 316, § 1.

Cross references. — For rules for determining residency for voting, see 1-1-7 NMSA 1978.

For elections covered by this chapter, see 1-1-19 NMSA 1978.

1993 amendments. — Identical amendments to this section were enacted by Laws 1993, ch. 314, § 1 and Laws 1993, ch. 316, § 1, both effective June 18, 1993, which substituted "certificate" for "affidavit" near the end of the section. The section was set out as amended by Laws 1993, ch. 316, § 1. See 12-1-8 NMSA 1978.

Multiple residences not precluded. — This section and 1-1-7 NMSA 1978 merely codify the supreme court's pronouncement in State ex rel. Magee v. Williams, 1953-NMSC-082, 57 N.M. 588, 261 P.2d 131, and do not preclude the possibility of multiple residences. Apodaca v. Chavez, 1990-NMSC-028, 109 N.M. 610, 788 P.2d 366.

Family home as permanent residence. — Political candidate's Santa Fe county family home remained his permanent residence, even though he maintained a home in Rio Arriba county where he resided with his wife and two children. Apodaca v. Chavez, 1990-NMSC-028, 109 N.M. 610, 788 P.2d 366.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 255 et seq., 267 et seq.

29 C.J.S. Elections §§ 110, 114, 130.