2020 New Mexico Statutes
Chapter 1 - Elections
Article 8 - Nominations and Primary Elections
Section 1-8-16 - Primary Election Law; proclamation; amendment.
The governor may amend the proclamation between the time of its issuance and the first Tuesday in March to include a newly created public office that is capable by law of being filled at the next succeeding general election, or any existing office becoming vacant by removal, resignation or death when such vacancy occurs no later than the last Friday before the first Tuesday in March, or to provide for any corrections or omissions.
History: 1953 Comp., § 3-8-15, enacted by Laws 1969, ch. 240, § 165; 1975, ch. 295, § 5; 2011, ch. 137, § 54; 2015, ch. 145, § 53.
ANNOTATIONSThe 2015 amendment, effective July 1, 2015, provided that the governor may amend the proclamation between the time of its issuance and the first Tuesday in March when an existing office becomes vacant by removal, resignation or death when such vacancy occurs no later than the last Friday before the first Tuesday in March; and after "resignation or death", added "when such vacancy occurs no later than the last Friday before the first Tuesday in March".
When permissive language of section construed as mandatory. — When governor's proclamation omitted certain descriptions which would have a profound effect on voter notice and knowledgeability, the permissive language of this section was construed as being mandatory, and therefore, the governor was directed to amend proclamation to include the specific boundaries of the districts which make up the office and terms of each office relative to its district. State ex rel. Robinson v. King, 1974-NMSC-028, 86 N.M. 231, 522 P.2d 83.
Mandamus properly granted. — Since the governor's duty under the Primary Election Law to issue a proclamation is mandatory, mandamus is properly granted to compel the governor to specify in his proclamation the boundaries of the district making up the office of county commissioner and terms of that office. State ex rel. Robinson v. King, 1974-NMSC-028, 86 N.M. 231, 522 P.2d 83.
