2020 New Mexico Statutes
Chapter 1 - Elections
Article 11 - Notices, Preparation for Elections and Election Supplies
Section 1-11-2 - Notice of election; contents.
The notice of election shall, as applicable:
A. give notice of the election;
B. set forth the purpose of the election;
C. list the ballot question or questions to be voted on by voters of any precinct of the county other than those questions that have been published by the secretary of state;
D. list the final day and time when absentee or mailed ballots will be accepted by the county clerk; and
E. for a statewide election:
(1) list the offices to be filled by voters of any precinct of the county;
(2) list all qualified candidates for those offices whose names shall appear on the ballot and, except in the case of a regular local election, list their party affiliation;
(3) list all qualified candidates for nonpartisan judicial retention;
(4) list all qualified declared write-in candidates for each of the offices to be filled; and
(5) give the address or location and the hours of operation where the election is to be held at:
(a) the office of the county clerk;
(b) each alternate voting location and mobile alternate voting location; and
(c) each election day polling place.
History: 1953 Comp., § 3-11-2, enacted by Laws 1969, ch. 240, § 212; 1991, ch. 105, § 19; 2011, ch. 137, § 73; 2019, ch. 212, § 107.
ANNOTATIONSCross references. — For contents of notice when precincts have been consolidated, see 1-3-4 NMSA 1978.
The 2019 amendment, effective April 3, 2019, revised the required contents of a notice of election; in the section heading, added "Notice of election"; in the introductory clause, after "The", deleted "proclamation" and added "notice of election", and after "shall", added "as applicable"; added new Subsections C through E and redesignated former Subsections C through F as Paragraphs E(1) through E(4), respectively; in Subsection E, Paragraph E(1), after "filled", added "by voters of any precinct of the county", in Paragraph E(2), after "qualified candidates", deleted "and" and added "for those offices whose names shall appear on the ballot and, except in the case of a regular local election, list"; deleted former Subsection G and redesignated former Subsection H as Paragraph E(5); in Paragraph E(5), after "location", deleted "of each polling place and alternate voting location" and added "and the hours of operation", and added new Subparagraphs E(5)(a) through E(5)(c)".
The 2011 amendment, effective July 1, 2011, required the proclamation to list the party affiliation of all candidates, all candidates for judicial retention, write-in candidates without their party affiliation, polling locations, and alternate voting locations.
The 1991 amendment, effective April 2, 1991, added Subsection E and redesignated former Subsections E and F as Subsections F and G.
Provisions of section apply to primary elections. 1942 Op. Att'y Gen. No. 42-4124.
Constitutional amendments must be set forth in full in election proclamation published by the board of county commissioners. 1949 Op. Att'y Gen. No. 49-5244.
Provisions do not apply to municipal board of education elections or to city elections. 1943 Op. Att'y Gen. No. 43-4220.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 289, 293.
29 C.J.S. Elections § 71.
