Ballots and Ballot Labels

NMSA 1978 ch. 1, art. 10

in effect

NMSA 1978, § 1-10-1 Ballot

1-10-1. Ballot As used in the Election Code [Chapter 1 NMSA 1978]: A. "ballot" means a system for arranging and designating for the voter the names of candidates, constitutional amendments and other questions to be voted on and for the marking, casting or otherwise recording of such votes, and the term includes absentee ballots, provisional paper ballots and all other paper ballots; and B. "provisional paper ballot" means the paper ballot used pursuant to Section 1-12-7.1, 1-12-8 or 1-12-25.2 NMSA 1978. 1953 Comp., § 3-10-11.1, enacted by Laws 1977, ch. 222, § 24; 1985, ch. 207, § 19; 2003, ch. 356, § 28; 2009, ch. 150, § 8.

NMSA 1978, § 1-10-2 Ballots; duty to provide

1-10-2. Ballots; duty to provide The county clerk shall prepare and supply the ballots used in elections conducted under the Election Code [Chapter 1 NMSA 1978]. The secretary of state may assist in preparing and supplying ballots. Ballots other than those prepared by the county clerk or secretary of state shall not be used. 1953 Comp., § 3-10-11.2, enacted by Laws 1977, ch. 222, § 25; 2007, ch. 337, § 12.

NMSA 1978, § 1-10-3 Ballots; uniformity

1-10-3. Ballots; uniformity A. Ballots shall be uniform throughout the state and compatible with the type of voting machine used in the county. B. The secretary of state shall determine in each election, where applicable, the position of the parties, constitutional amendments, questions and the names of nominees to be voted on by the voters of the entire state. 1953 Comp., § 3-10-11.3, enacted by Laws 1977, ch. 222, § 26; 1985, ch. 207, § 20.

NMSA 1978, § 1-10-4 Ballots; preparation

1-10-4. Ballots; preparation A. In a primary election, not less than sixty days before the election, each county clerk shall group each candidate who has been qualified by a proper filing officer and a space for any offices with a declared write-in candidate, separated by political party and certify in writing a separate ballot for each precinct in the county for each major political party to be voted on at the primary election. B. In a general election, not less than sixty days before the election, each county clerk shall certify in writing the ballot for each precinct in the county containing the name of each candidate that has been certified as the nominee of a qualified political party, each unaffiliated candidate who has been qualified by a proper filing officer, a space for any offices with a declared write-in candidate and any ballot questions to be voted on at the general election. C. In a regular local election, not less than fifty-six days before the election, each county clerk shall certify in writing the ballot for each precinct in the county containing the name of each candidate who has been qualified by a proper filing officer, a space for any offices with a declared write-in candidate and any ballot questions to be voted on at the regular local election. D. In a special local election, not less than sixty days before the election, each county clerk shall certify in writing the ballot for each precinct in the county containing any ballot questions to be voted on at the special election. E. In a special state election, not less than sixty days before the election, the secretary of state shall certify in writing the ballot containing any ballot questions to be voted on at the special state election. F. In an election to fill a vacancy in the office of United States representative and except as provided in Subsection G of this section, not less than fifty-three days before the election, the secretary of state shall certify in writing the ballot containing the name of each candidate that has been certified as the nominee of a qualified political party, each unaffiliated candidate who has been qualified and a space for any declared write-in candidate to be voted on at the election to fill a vacancy in the office of United States representative. G. In an election to fill a vacancy in the office of United States representative in extraordinary circumstances pursuant to 2 U.S.C. Section 8(b), not more than seventeen days after the announcement of a vacancy in the office of United States representative, the secretary of state shall certify in writing the ballot containing the name of each candidate that has been certified as the nominee of a qualified political party, each unaffiliated candidate who has been qualified and a space for any declared write-in candidate to be voted on at the election to fill a vacancy in the office of United States representative. H. On the date specified for each election in this section, each ballot certified pursuant to this section shall be sent to the ballot printer or other person preparing the ballot for use by voters and sent to the secretary of state to keep on file for twelve months, after which the certified ballot shall be transferred to be a permanent record at the state records center. Upon request of the county chair of a political party participating in a partisan election, the county clerk shall furnish proof sheets or a copy of the proof sheets of the certified ballot as soon as they become available. 1953 Comp., § 3-10-11.4, enacted by Laws 1977, ch. 222, § 27; 1979, ch. 378, § 11; 1981, ch. 143, § 1; 1985, ch. 207, § 21; 2011, ch. 137, § 71; 2017, ch. 101, § 14; 2019, ch. 212, § 99; 2023, ch. 39, § 58.

NMSA 1978, § 1-10-5 Ballots; printing

1-10-5. Ballots; printing The county clerk shall have access to sufficient ballots to send to federal qualified electors no later than the last business day before the forty-fifth day prior to an election. All other pre-printed ballots shall be in the possession of the county clerk at least forty days before the election. When a county is using a system that is designed to print ballots at a polling location, the system shall be programmed and capable of operation at least forty days before the election. 1953 Comp., § 3-10-11.5, enacted by Laws 1977, ch. 222, § 28; 2009, ch. 150, § 9; 2011, ch. 137, § 72; 2015, ch. 145, § 57; 2019, ch. 212, § 100.

NMSA 1978, § 1-10-6 Ballots; name to be printed; order of names; similar names; names not to be printed

1-10-6. Ballots; name to be printed; order of names; similar names; names not to be printed A. In the preparation of ballots for a statewide election, the candidate's name shall be printed on the ballot as it appears on the candidate's certificate of registration that is on file in the county clerk's office on the day the secretary of state issues the proclamation for that election; provided that: (1) the last name printed on the ballot shall match the candidate's legal last name; (2) academic, honorific and elected titles shall not be printed; (3) periods after initials shall not be printed; (4) punctuation common to names, other than a period, shall be printed as it appears on the candidate's certificate of registration; and (5) only letters and punctuation used in roman typefaces shall be printed. B. The order of candidates for the same office in a statewide election shall be determined using a randomization method provided by rule. C. If it appears that the names of two or more candidates for any office to be voted on at the election are the same or are so similar as to tend to confuse the voter as to the candidates' identities, the candidates shall be differentiated on the ballot in accordance with rules adopted by the secretary of state. D. A candidate's name shall not be printed on the ballot if at least seventy days before a general election, sixty-three days before a primary election or regular local election or seven days after the filing day for declarations of candidacy for any other election: (1) the candidate files with the proper filing officer a signed and notarized statement of withdrawal as a candidate in that election; (2) a judicial determination is made that the candidate does not qualify to be a candidate for the office sought; (3) the voter registration of the candidate is updated by the candidate in such manner that the candidate does not qualify to be a candidate for the office sought; or (4) the voter registration of the candidate is canceled for any reason provided in Chapter 1, Article 4 NMSA 1978. 1953 Comp., § 3-10-11.6, enacted by Laws 1977, ch. 222, § 29; 1979, ch. 378, § 12; 1981, ch. 143, § 2; 1993, ch. 314, § 52; 1993, ch. 316, § 52; 2019, ch. 212, § 101; 2023, ch. 39, § 59.

NMSA 1978, § 1-10-7 Ballots; name shall appear but once; exceptions

1-10-7. Ballots; name shall appear but once; exceptions A. In a primary or general election, no candidate's name shall appear more than once on the ballot, except in the case of a candidate who is also a candidate for president or vice president of the United States. B. In a regular local election, a candidate's name: (1) shall not appear more than once to be elected to any position with the same local government; and (2) may appear more than once to be elected to any position with different local governments. 1953 Comp., § 3-10-11.7, enacted by Laws 1977, ch. 222, § 30; 1979, ch. 378, § 13; 1981, ch. 143, § 3; 2019, ch. 212, § 102.

NMSA 1978, § 1-10-8 Ballots; order of offices and ballot questions

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 education commission; (10) district attorney; (11) district court; (12) metropolitan court; (13) county clerk; (14) county treasurer; (15) county commission; and (16) when applicable: (a) county sheriff; (b) county assessor; and (c) probate judge. 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 education commission; (15) district court; (16) metropolitan court; (17) magistrate court; (18) county sheriff; (19) county assessor; (20) county commission; (21) probate judge; and (22) when applicable: (a) county clerk; and (b) county treasurer. 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 nondistricted, nonjudicial office are to be elected on the same ballot and the qualifications for each position are the same, the nondistricted, nonjudicial district shall be elected at large in a single contest on the ballot in which voters shall be given the instruction to "vote for no more than X". If two or more positions for the same office are to be elected to represent the same area but with terms of different lengths of time, the candidate receiving the highest number of votes shall be elected to the position with the longest term length, and the candidate receiving the next highest number of votes shall be elected to the position with the next longest term length, with additional candidates elected to positions accordingly. F. When multiple positions for the same districted, nonjudicial office are listed on the same ballot or the qualifications for one or more at-large positions are distinct from the qualifications of the rest: (1) offices designated by district number shall appear on the ballot in ascending numerical order of the districts; and (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. G. When multiple positions for the same judicial office are listed on the same ballot, each position is to be elected or voted on individually as follows: (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. 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; 1978 Comp., § 1-10-8, repealed and reenacted by Laws 2019, ch. 212, § 103; 2020, ch. 9, § 8; 2023, ch. 39, § 60.

NMSA 1978, § 1-10-9 Ballots; errors and omissions

1-10-9. Ballots; errors and omissions A. If an error or omission has occurred in the printed ballot, the district court, upon petition of any voter, may order the county clerk to forthwith correct the error or supply the omission, or immediately show cause why the error should not be corrected or the omission should not be supplied. B. If any error occurs in the printing on the ballot of the name of any candidate or in the designation of the office for which he is nominated, the ballot shall nevertheless be counted for such candidate for the office for which he was nominated as shown by the certificate of nomination. 1953 Comp., § 3-10-13, enacted by Laws 1969, ch. 240, § 208.

NMSA 1978, § 1-10-10 Ballots; sample

1-10-10. Ballots; sample A. The county clerk shall make available in both English and Spanish a number of sample ballots in a quantity and in a printed or electronic format as prescribed by the secretary of state. B. The sample ballots shall be the same in all respects as the official ballots, except that, if printed, they shall be printed on colored paper and shall not contain the facsimile signature of the county clerk or any endorsement on the back thereof. Each sample ballot shall be marked in large black capital letters, "SAMPLE BALLOT". C. Printed sample ballots shall be made available in reasonable quantities to all interested persons at the county clerk's office, in each polling place and on the county's web site, if the county maintains a web site. 1953 Comp., § 3-10-14, enacted by Laws 1969, ch. 240, § 209; 1971, ch. 317, § 18; 1977, ch. 124, § 4; 1985, ch. 207, § 23; 2015, ch. 145, § 59.

NMSA 1978, § 1-10-11 Sample ballots; penalty

1-10-11. Sample ballots; penalty The county clerk shall provide at least four sample ballots for use in each precinct. Two of the sample ballots shall be displayed for public inspection on the outside of the polling place and two on the inside. The sample ballots shall be displayed throughout election day. It is a petty misdemeanor for any person to deface, alter, remove or in any way destroy the sample ballots displayed for public inspection at the polling place during the hours the election is being conducted. 1953 Comp., § 3-10-15, enacted by Laws 1969, ch. 240, § 210; 1977, ch. 124, § 5; 1981, ch. 143, § 4; 2009, ch. 150, § 14.

NMSA 1978, § 1-10-12 Paper ballots; general requirements

1-10-12. Paper ballots; general requirements Paper ballots shall: A. be numbered consecutively; B. be uniform in size; C. be printed on good quality white paper; D. be printed in plain black type; E. have the precinct numbers printed on each paper ballot; and F. be in the form prescribed by the secretary of state. 1953 Comp., § 3-12-78, enacted by Laws 1977, ch. 222, § 47; 1987, ch. 249, § 39; 1991, ch. 105, § 34; § 1-12-44 NMSA 1978, recompiled and amended as § 1-10-12 NMSA 1978 by Laws 2009, ch. 150, § 10.

NMSA 1978, § 1-10-13 Ballots; write-in candidates

1-10-13. Ballots; write-in candidates When a write-in candidate has been qualified by the proper filing officer pursuant to the Election Code: A. a space for entering the name of the write-in candidate shall be clearly designated by the use of the heading "Declared Write-in Candidate" after the listing of other candidates for that office; and B. the write-in candidate's name shall not be pre-printed on the ballot, nor displayed or otherwise provided in any polling place by any election official or member of an election board. 1953 Comp., § 3-12-81, enacted by Laws 1977, ch. 222, § 50; § 1-12-47 NMSA 1978, recompiled and amended as § 1-10-13 NMSA 1978 by Laws 2009, ch. 150, § 11; 2019, ch. 212, § 105.

NMSA 1978, § 1-10-14 Paper ballots; election supplies

1-10-14. Paper ballots; election supplies The secretary of state shall provide for the procurement of paper ballot election supplies. 1953 Comp., § 3-12-83, enacted by Laws 1977, ch. 222, § 52; § 1-12-49 NMSA 1978, recompiled and amended as § 1-10-14 NMSA 1978 by Laws 2009, ch. 150, § 12.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18502/index.doFetched: 10/20/2026