2020 New Mexico Statutes
Chapter 1 - Elections
Article 11 - Notices, Preparation for Elections and Election Supplies
Section 1-11-3 - Notice of election; publication; posting.

A. The notice of election shall be published at least once, not more than twenty-one nor less than seven days before election day.

B. The notice of election shall be published in a legal newspaper as provided in Section 14-11-2 NMSA 1978.

C. If no legal newspaper is published in the county, the notice of election shall be published in a legal newspaper of general circulation in the county.

D. The county clerk shall post the notice of election beginning no later than twenty days before the election. The county clerk shall also place on the county website the proclamation for the election or provide a link to the proclamation posted on the secretary of state's website.

E. The notice of election shall be printed in English and Spanish.

F. The notice of election shall be broadcast on a radio station in the appropriate Native American languages in those counties affected by the federal Voting Rights Act of 1965, as amended.

History: 1953 Comp., § 3-11-3, enacted by Laws 1969, ch. 240, § 213; 1977, ch. 124, § 6; 1991, ch. 105, § 20; 2019, ch. 212, § 108.

Cross references. — For publication defined, see 1-1-14 NMSA 1978.

For posting defined, see 1-1-15 NMSA 1978.

For the federal Voting Rights Act of 1965, see 42 U.S.C. § 1973 et seq.

The 2019 amendment, effective April 3, 2019, changed "proclamation" to "notice of election", and provided additional duties for the county clerk regarding posting notice of an election; replaced each occurrence of "proclamation" with "notice of election" throughout the section; and in Subsection D, deleted "A copy of the proclamation shall be posted in a public building" and added the remainder of the subsection.

The 1991 amendment, effective April 2, 1991, substituted "14-11-2 NMSA 1978" for "10-2-2 NMSA 1953" in Subsection B; added "In a public building" at the end of Subsection D; and added Subsection F.

If no newspaper in county publishes in Spanish language, or if there are not as many as four newspapers of general circulation in the state that will publish the notices in Spanish, it must be assumed that no legal newspaper is published in compliance with this requirement. Thus, the Spanish section should be published in every newspaper in the county which will publish in the Spanish language. In the event no newspaper is published or circulated in that county which will handle the Spanish publication, then the posting provision will be the only method by which the law can be complied with. 1956 Op. Att'y Gen. No. 56-6367 (opinion rendered under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 293.

What is "public place" within requirements as to posting of notices, 90 A.L.R.2d 1210.

29 C.J.S. Elections § 74.