2021 New Mexico Statutes
Chapter 1 - Elections
Article 10 - Ballots and Ballot Labels
Section 1-10-8 - Ballots; order of offices and ballot questions.

A. In the year in which the president of the United States is elected, the ballot in a primary election and general election shall contain, when applicable, partisan offices to be voted on in the following order:

(1) in a presidential primary, president;

(2) in a general election, president and vice president as a ticket;

(3) United States senator;

(4) United States representative;

(5) state senator;

(6) state representative;

(7) supreme court;

(8) court of appeals;

(9) public regulation commission districts with odd-numbered designations;

(10) public education commission districts with odd-numbered designations;

(11) district court;

(12) metropolitan court;

(13) county clerk;

(14) county treasurer; and

(15) county commission districts and positions with odd-numbered designations.

B. In the year in which the governor is elected, the ballot in a primary election and general election shall contain, when applicable, partisan offices to be voted on in the following order:

(1) United States senator;

(2) United States representative;

(3) in a major political party primary, governor;

(4) in a major political party primary, lieutenant governor;

(5) in a general election, governor and lieutenant governor as a ticket;

(6) secretary of state;

(7) attorney general;

(8) state auditor;

(9) state treasurer;

(10) commissioner of public lands;

(11) state representative;

(12) supreme court;

(13) court of appeals;

(14) public regulation commission districts with even-numbered designations;

(15) public education commission districts with even-numbered designations;

(16) district court;

(17) district attorney;

(18) metropolitan court;

(19) magistrate court;

(20) county sheriff;

(21) county assessor;

(22) county commission districts and positions with even-numbered designations; and

(23) probate judge.

C. The ballot in a regular local election shall contain, when applicable, nonpartisan offices to be voted on in the following order:

(1) municipal, with elective executive officers listed first, governing board members listed second and judicial officers listed third;

(2) board of education of a school district;

(3) community college, branch community college, technical and vocational institute district or learning center district; and

(4) special districts listed in order by voting population of each special district, with the most populous listed first and the least populous listed last.

D. The ballot in a statewide election shall contain, when applicable, nonpartisan judicial retention and in a statewide or special election, when applicable, ballot questions to be voted on in the following order, unless a different order is prescribed by the secretary of state:

(1) judicial retention;

(2) proposed state constitutional amendments;

(3) other state ballot questions;

(4) county ballot questions; and

(5) local government ballot questions listed in the same order as the list of local governments in Subsection C of this section.

E. When multiple positions for the same nonjudicial office are listed on the same ballot and each position is to be elected individually:

(1) offices designated by district number shall appear on the ballot in ascending numerical order of the districts;

(2) offices not designated by district number shall appear on the ballot in ascending numerical order of the position; provided that 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, and only one member shall be elected for each position; and

(3) whenever two or more positions for the same office are to be elected to represent the same area with terms of different lengths of time, the secretary of state shall first group the offices with the shorter length of time and shall designate each position with "for a term expiring _________", specifying the date the term expires.

F. When multiple positions for the same judicial office are listed on the same ballot and each position is to be elected or voted on individually:

(1) district, metropolitan and magistrate court positions, either for partisan election or for nonpartisan judicial retention, shall appear on the ballot in ascending numerical order of the division number assigned to each position;

(2) supreme court and court of appeals for partisan election shall appear on the ballot in ascending numerical order of the position number designated by the secretary of state for that election, based on the date of the vacancy causing the position to be listed on the ballot; provided that if multiple vacancies occurred on the same day, the positions shall appear on the ballot based on the order of seniority of the justice or judge who vacated the position, with the highest seniority listed first; and

(3) supreme court and court of appeals for nonpartisan judicial retention shall appear on the ballot in ascending numerical order of the position number designated by the secretary of state for that election, based on the seniority of the justice or judge seeking retention, with the highest seniority listed first.

History: 1953 Comp., § 3-10-11.8, enacted by Laws 1977, ch. 222, § 31; 1991, ch. 105, § 17; 2011, ch. 56, § 1; 2015, ch. 145, § 58; repealed and reenacted by Laws 2019, ch. 212, § 103.

Repeals and reenactments. — Laws 2019, ch. 212, § 103 repealed former 1-10-8 NMSA 1978, and reenacted a new section, effective April 3, 2019.

Temporary provisions. — Laws 2019, ch. 212, § 281 provided that the secretary of state shall ensure that the public regulation commission, public education commission, magistrate judges and county officers are aligned with the offices listed for election in Section 1-10-8 NMSA 1978. The secretary of state shall provide a process to renumber district numbers so that offices are aligned with the offices listed for election in Section 1-10-8 NMSA 1978 and, where necessary, shall provide for an extended term to the general election in 2022 or 2024 only as required to align offices and positions to the offices listed for election in Section 1-10-8 NMSA 1978; provided that where one member of a local governing body must receive an extended term pursuant to this section, the secretary of state shall have the members whose terms expire the same year draw lots to make the determination.

The 2015 amendment, effective July 1, 2015, amended the order in which offices are to be placed on a ballot in primary and general elections; in Subsection D, deleted "candidates for" and added "non-judicial", and after "large, in", added "the"; in Subsection G, after "other", deleted "district candidates" and added "districted offices"; in Subsection H, deleted "metropolitan and magistrate judges" and added "judicial offices in partisan contests, in the order prescribed by the secretary of state"; in Subsection O, deleted "other issues as" and added "in the order"; and added Paragraphs (1) through (3) of Subsection O.

The 2011 amendment, effective July 1, 2011, eliminated the position of county surveyor.

The 1991 amendment, effective April 2, 1991, rewrote this section to the extent that a detailed comparison would be impracticable.

Order declaration of candidacy filed. — All candidates for legislative, judicial district, county and precinct offices are to appear on the ballot for a particular office in the order in which they filed a declaration of candidacy. 1964 Op. Att'y Gen. No. 64-18 (opinion rendered under former law).