2020 New Mexico Statutes
Chapter 1 - Elections
Article 22 - Local Elections
Section 1-22-4 - Regular local election; proclamation; publication.
A. Between one hundred twenty and one hundred fifty days before the next regular local election, each local government shall notify the county clerk of the county in which the primary administrative office of the local government is situate of all local government positions that are to be filled at the next regular local election. Each county clerk shall inform the secretary of state of all positions to be filled no later than one hundred twelve days before the regular local election.
B. The secretary of state shall by resolution issue a public proclamation in Spanish and English calling a regular local election. The proclamation shall be issued and filed by the secretary of state in the office of the secretary of state ninety days preceding the date of the regular local election, and upon filing the proclamation, the secretary of state shall post the proclamation and certify it to each county clerk.
C. The proclamation shall specify:
(1) the date when the election will be held;
(2) each elective office, local governing body and judicial position to be filled;
(3) the date on which declarations of candidacy are to be filed;
(4) the date on which declarations of intent to be a write-in candidate are to be filed; and
(5) the municipalities subject to a ranked-choice voting runoff election and those subject to a top-two runoff election and the date of the top-two runoff election should one be necessary.
D. After receipt of the proclamation from the secretary of state, the county clerk shall post the entire proclamation on the county clerk's website and, not less than seventy-five days before the date of the election, shall publish portions of the proclamation relevant to the county at least once in a newspaper of general circulation within the county. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended, and shall specify:
(1) the date when the election will be held;
(2) for each local government situated in whole or in part in the county, each elective executive, local governing body and judicial position to be filled by voters of any precinct in the county;
(3) the date on which declarations of candidacy are to be filed and the date on which declarations of intent to be a write-in candidate are to be filed;
(4) the location, days and hours for voting at the office of the county clerk;
(5) the location, days and hours for early voting at each alternate voting location and mobile alternate voting location;
(6) the location, date and hours for voting at each election day polling place; and
(7) the date certificates of registration shall be subscribed and sworn as required by law.
E. Whenever two or more members of a local governing body are to be elected at large for terms of the same length of time, the secretary of state shall numerically designate the positions on the ballot as "position one", "position two" and such additional consecutively numbered positions as are necessary, but only one member shall be elected for each position. Whenever two or more members of a local governing body are to be elected to represent the same area with terms of different lengths of time, the secretary of state shall list the office with the shorter length of time first and shall designate each position with "for a term expiring ___".
History: 1978 Comp., § 1-22-4, enacted by Laws 1985, ch. 168, § 6; 1987, ch. 338, § 1; 1991, ch. 105, § 40; 2007, ch. 337, § 19; repealed and reenacted by Laws 2018, ch. 79, § 19; 2019, ch. 212, § 146.
ANNOTATIONSRepeals and reenactments. — Laws 2018, ch. 79, § 19 repealed 1-22-4 NMSA 1978 and enacted a new section effective July 1, 2018.
Cross references. — For the federal Voting Rights Act of 1965, see 42 U.S.C. § 1973 et seq.
The 2019 amendment, effective April 3, 2019, revised the procedures for regular local elections; in the section heading, deleted "municipal officer election"; added a new Subsection A, redesignated former Subsection A as Subsection B and deleted former subsection designation "B."; in Subsection B, after "regular local election, deleted "Between one hundred twenty and one hundred fifty days before the next local election, each local government shall notify the secretary of state of all local government positions that are to be filled at the next election for that local government" and added "and upon filing the proclamation, the secretary of state shall post the proclamation and certify it to each county clerk"; in Subsection C, Paragraph C(1), after "governing body", added "and judicial position", deleted former Paragraph C(3) and redesignated former Paragraphs C(4) through C(6) as Paragraphs C(3) through C(5), respectively; and in Subsection D, deleted Paragraphs D(2) and D(3), added a new Paragraph D(2) and redesignated former Paragraphs D(4) through D(6) as Paragraphs D(3) through D(5), respectively, in Paragraph D(3), after "to be filed", added "and the date on which declarations of intent to be a write-in candidate are to be filed", in Paragraph D(4), after "location,", deleted "of each polling place" and added "days and hours for voting at the office of the county clerk", in Paragraph D(5), after "location,", deleted "of each alternate voting location for early voting" and added "days and hours for early voting at each alternate voting location and mobile alternate voting location", deleted former Paragraph D(7), added a new Paragraph D(6) and redesignated former Paragraph D(8) as Paragraph D(7), and in Paragraph D(7), after "the date", deleted "and time of the closing of the registration books by the county" and added "certificates of registration shall be subscribed and sworn".
The 2007 amendment, effective July 1, 2007, changed the day the proclamation is to be filed with the county clerk from the last Friday to the last Tuesday in November.
The 1991 amendment, effective April 2, 1991, inserted "in Spanish and English" in the first sentence in Subsection A and made a minor stylistic change in Subsection C.
