2021 New Mexico Statutes
Chapter 1 - Elections
Article 10 - Ballots and Ballot Labels
Section 1-10-8.1 - Ballots; order of candidate names; party position on ballot.
A. Except as provided in this section, the order of candidates for the same office in a statewide election shall be determined using a randomization method provided by rule based on candidate name or determined by lot.
B. In a general election, the order of candidates for the same office shall be determined using a randomization method provided by rule based on political party or candidate name or determined by lot.
C. Candidates designated and certified by state convention pursuant to Section 1-8-21.1 NMSA 1978 shall be placed on the respective political party primary ballot before other candidates for the same office in descending order of the vote received at the applicable state convention; provided that the order of names on the respective political party primary ballot of two or more candidates receiving an equal number of votes for designation by convention for the same office shall be determined using a randomization method provided by rule based on candidate name or determined by lot.
History: Laws 1981, ch. 166, § 1; 1985, ch. 207, § 22; 1991, ch. 105, § 18; 2009, ch. 150, § 13; 2019, ch. 212, § 104.
ANNOTATIONSCross references. — For position of names and offices on ballots, see 1-10-3 and 1-10-8 NMSA 1978.
For errors and omissions, see 1-10-9 NMSA 1978.
The 2019 amendment, effective April 3, 2019, completely rewrote the section; in the section heading, deleted "General election" and added "Ballots; order of candidate names"; and deleted former Subsections A through D and added new Subsections A through C.
The 2009 amendment, effective June 19, 2009, in Subsection A, after "position on the", deleted "voting machines, emergency paper ballots and absentee"; deleted former Subsection B, which provided for the order of preference of major political parties; deleted former Subsection C, which provided for the preference of minor political parties; deleted former Subsection D, which provided that when lever voting machines are used, the sample ballot must reflect the actual positioning of parties on the voting machine; in Subsection B, after "printed on the ballot", deleted "sheet or ballot card"; and in Subsection C, after "When", deleted "emergency"; after "paper ballots", deleted "and absentee ballots"; and after "they appear on", deleted "the voting machine" and added "all ballots".
The 1991 amendment, effective April 2, 1991, substituted "position" for "rotation" in the section heading.
Compiler's notes. — Emmons v. Hooper, No. Civ.-78-404C (D.N.M., filed July 6, 1979), declared that the former practice by the secretary of state of placing the majority party's candidates on the top line of the ballot in every general election discriminated against candidates of nonmajority parties and against those voting for such candidates, thus violating the fourteenth amendment of the United States Constitution. Emmons v. Hooper, No. Civ.-78-404C (D.N.M., filed July 27, 1979), found the secretary of state's proposed plan, used until the enactment of this section, to eliminate intentional or purposeful discrimination sufficiently corrective.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 300 et seq.
29 C.J.S. Elections §§ 158, 159.
