2021 New Mexico Statutes
Chapter 1 - Elections
Article 2 - Election Officers and Boards
Section 1-2-2 - Secretary of state; general duties.
The secretary of state shall:
A. generally supervise all elections by administering the Election Code [Chapter 1 NMSA 1978] in its statewide application;
B. prepare instructions for the conduct of election and registration matters in accordance with the laws of the state;
C. advise county clerks, boards of county commissioners and boards of registration as to the proper methods of performing their duties prescribed by the Election Code;
D. report possible violations of the Election Code of which the secretary of state has knowledge to the district attorney or the attorney general for prosecution;
E. cause to be published in book form and distributed to the county clerk of each county for use by precinct boards [election boards] a sufficient number of copies of the Election Code as it is from time to time amended and supplemented;
F. be responsible for the education and training of county clerks regarding elections;
G. be responsible for the education and training of voting machine technicians; and
H. assist the county clerks in the education and training of registration officers.
History: 1953 Comp., § 3-2-2, enacted by Laws 1969, ch. 240, § 23; 1975, ch. 255, § 8; 1995, ch. 198, § 2; 2005, ch. 270, § 10; 2011, ch. 137, § 13.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.
Cross references. — For secretary providing instruction on procedures whereby precinct board shall determine identity of last person in line at time polls close, see 1-12-26 NMSA 1978.
For secretary advising state chairman regarding method of nominating and electing presidential electors, see 1-15-1 NMSA 1978.
The 2011 amendment, effective July 1, 2011, eliminated the secretary of state's obligation to assist in the recruitment and training of poll workers and other election workers and in the certification of presiding judges of precinct boards.
The 2005 amendment, effective July 1, 2005, in Subsection I, provided that the secretary of state shall assist county clerks in the recruitment and training of poll workers and other election workers and in the certification of the presiding judges of the precinct boards and deleted the former provision that the secretary of state shall assist in the education and training of precinct boards.
The 1995 amendment, effective April 6, 1995, deleted "deputy" preceding "registration" in Subsection I.
Mandamus appropriate on issue of proper way to conduct primary election. — Where petitioners, twenty-seven county clerks, and respondent, the New Mexico secretary of state, submitted a stipulated petition for an emergency writ to compel the secretary of state to mail absentee ballots directly to all registered voters in lieu of conducting in-person voting for the June 2020 primary election, claiming that the primary election was scheduled amidst a global pandemic and national statewide public health emergency, that in-person voting could not be conducted safely under those circumstances, and that the requested relief was necessary to protect the health of election workers, voters, and the general public, and where intervenors argued that the Election Code, §§ 1-1-1 to 1-26-6 NMSA 1978, does not allow elections to be conducted entirely by mail and that it would violate separation of powers principles for a non-legislative branch of government to implement an alternative election procedure, mandamus was appropriate because the case involved a fundamental constitutional question of great public importance, involved a legal rather than a factual dispute, and required an expeditious resolution. State ex rel. Riddle v. Toulouse Oliver, 2021-NMSC-018.
The New Mexico secretary of state had a nondiscretionary duty to ensure that the 2020 primary election held during a pandemic was conducted in compliance with the Election Code and executive and public health orders. — Where petitioners, twenty-seven county clerks, and respondent, the New Mexico secretary of state, submitted a stipulated petition for an emergency writ to compel the secretary of state to mail absentee ballots directly to all registered voters in lieu of conducting in-person voting for the June 2020 primary election, claiming that the primary election was scheduled amidst a global pandemic and national statewide public health emergency, that in-person voting could not be conducted safely under those circumstances, and that the requested relief was necessary to protect the health of election workers, voters, and the general public, and where intervenors argued that the Election Code, §§ 1-1-1 to 1-26-6 NMSA 1978, does not allow elections to be conducted entirely by mail and that it would violate separation of powers principles for a non-legislative branch of government to implement an alternative election procedure, the New Mexico supreme court denied petitioners' and respondent's requested relief because the Election Code does not permit the secretary of state to mail absentee ballots directly to voters without a prior request from the voter, but the supreme court issued its writ of mandamus to compel the secretary of state to mail absentee ballot applications to every eligible voter in New Mexico, because the secretary of state had an affirmative duty to conduct elections in full compliance with the Election Code, which requires that all statewide primary and general elections offer both in-person voting and absentee voting options, and an affirmative duty to comply with all pandemic-related executive and public health orders, which required the secretary of state to take all lawful steps to minimize the spread of COVID-19. As the chief election officer of the state, respondent had a duty to manage the election in a manner that minimized the risk of spreading COVID-19 and in a manner that protected lives by helping voters stay home as much as possible. State ex rel. Riddle v. Toulouse Oliver, 2021-NMSC-018.
