Special Elections

NMSA 1978 ch. 1, art. 24

in effect

NMSA 1978, § 1-24-1 Short title; Special Election Act; application; prohibition

1-24-1. Short title; Special Election Act; application; prohibition A. Chapter 1, Article 24 NMSA 1978 may be cited as the "Special Election Act". B. Notwithstanding any state or local laws to the contrary, the provisions of the Special Election Act govern the conduct of all special elections conducted by the state or any local public body. C. No special election shall be held beginning the seventieth day prior to any statewide election and until: (1) the one hundredth day following a general or regular local election; or (2) the seventieth day following a major political party primary or an election to fill a vacancy in the office of united states representative. Laws 1989, ch. 295, § 1; 2018, ch. 79, § 38; 2019, ch. 212, § 153.

NMSA 1978, § 1-24-1.1 Definition

1-24-1.1. Definition As used in the Special Election Act, "local public body" means: A. a county; B. a local government subject to the Local Election Act [Chapter 1, Article 22 NMSA 1978]; or C. a special district not subject to the Local Election Act. Laws 2018, ch. 79, § 39; 1978 Comp., § 1-24-6 recompiled and amended as § 1-24-1.1 by Laws 2019, ch. 212, § 154.

NMSA 1978, § 1-24-2 Special election procedures; proclamation; publication

1-24-2. Special election procedures; proclamation; publication A. Whenever a local public body determines that it is necessary or desirable to conduct a special election: (1) the governing body shall by resolution issue a public proclamation calling the election. The proclamation shall forthwith be filed with the county clerk no later than seventy days prior to the date for the special election. If the boundaries of the local public body include precincts in multiple counties, the proclamation shall forthwith be filed with each county clerk no later than seventy days prior to the election; (2) the proclamation shall specify: (a) the date on which the special election will be held; (b) the purpose for which the special election is called; and (c) the text of the ballot question or ballot questions to be voted on; (3) after filing with the county clerk or clerks the proclamation issued pursuant to this subsection, each county clerk shall post the proclamation beginning no later than sixty-seven days before the election and, beginning not less than sixty-three days before the date of the election, each county clerk shall publish the proclamation once each week for two consecutive weeks in a newspaper of general circulation within the boundaries of the local public body; provided that if the boundaries of the local public body include precincts in multiple counties that share the same newspaper of general circulation, the county clerks may jointly publish the proclamation; (4) the posting and publication pursuant to this subsection shall also inform the public that the special election will be conducted by mailed ballot, of the date ballots will be initially mailed to voters and of the last day to register to vote or to update an existing registration in advance of the special election; and (5) the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended. B. Whenever the state determines that it is necessary or desirable to conduct a special election: (1) the secretary of state shall by resolution issue a public proclamation calling the election. The proclamation shall forthwith be filed with the secretary of state no later than seventy-five days prior to the election; (2) the proclamation shall specify: (a) the date on which the special election will be held; (b) the purpose for which the special election is called; and (c) the text of the ballot question or ballot questions to be voted upon; (3) after filing with the secretary of state the proclamation issued pursuant to this subsection, the secretary of state shall within five days certify the proclamation to each county clerk in the state; (4) the proclamation shall be posted and published in the same manner as provided for a proposed state constitutional amendment pursuant to Section 1-16-4 NMSA 1978; (5) the posting and publication pursuant to this subsection shall also inform the public that the special election will be conducted by mailed ballot, of the date ballots will be initially mailed to voters and of the last day to register to vote or to update an existing registration in advance of the special election; and (6) the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended. Laws 1989, ch. 295, § 2; 2011, ch. 137, § 107; 2017, ch. 101, § 19; 2018, ch. 79, § 40; 2019, ch. 212, § 155.

NMSA 1978, § 1-24-3 Special election procedures; conduct

1-24-3. Special election procedures; conduct A. All special elections in this state shall be conducted absentee. Mailed ballots shall be used exclusively for voting in special elections. Except as otherwise provided in the Special Election Act, all special elections in this state shall be conducted and canvassed as provided in the Election Code. B. Without requiring a voter to file an application to receive a ballot, the county clerk shall send a mailed ballot to every voter of the county or local public body, except a voter: (1) who was sent a notice pursuant to Subsection C of Section 1-4-28 NMSA 1978 and who has not returned the prepaid and pre-addressed return card sent pursuant to that section and has not filed a new certificate of registration with a new address; (2) whose voter notification pursuant to Section 1-11-4.1 NMSA 1978 or official election-related mail sent through a uniform, nondiscriminatory process was returned to the county clerk or the secretary of state as undeliverable and the voter has not communicated with the county clerk that the official voter notification or election-related mail was returned as undeliverable in error or filed a certificate of registration with a new address; or (3) whose ballot is delivered pursuant to the provisions of the Intimate Partner Violence Survivor Suffrage Act [1-6C-1 to 1-6C-9 NMSA 1978]. C. Forty-two days before the election or in the case of a voter notification returned to the county clerk, as soon thereafter as practicable, the county clerk shall send to each voter of the county or local public body described in Paragraphs (1) and (2) of Subsection B of this section notice, sent by forwardable mail, that the voter will not be sent a ballot for the special election unless the voter updates the voter's address as provided by the Election Code or informs the county clerk that the address on the certificate of registration is valid. The notice shall include contact information for the office of the county clerk and an internet address where the voter may update the voter's address or communicate with the county clerk. The mailed ballot register shall note which voters were sent a notice pursuant to this subsection. D. Between the twenty-seventh and twenty-fifth day before the election, pursuant to Subsection B of this section, the county clerk shall send to each voter a ballot for the special election, along with a postage-paid return envelope, a notice that there will be no traditional polling places for the election, the recommended deadline to deposit the voted mailed ballot with the United States postal service for return by mail, the deadline for the ballot to be received by the county clerk and a list of the times and locations of monitored secured containers available in the county. E. Beginning twenty-two days before the election, the county clerk shall issue replacement and provisional ballots as provided in the Absent Voter Act [Chapter 1, Article 6 NMSA 1978] for the mailed ballot process. In addition, the county clerk shall send a ballot to any voter described in Paragraphs (1) and (2) of Subsection B of this section who has not previously been sent a ballot if the voter submits an application pursuant to Section 1-6-4 NMSA 1978. F. When required by federal law, if the voter has on file with the county a valid certificate of registration that indicates that the voter is a new registrant in the state and who registered by mail without submitting the required documentary identification, the county clerk shall notify the voter that the voter must submit with the mailed ballot the required documentary identification from the list in Paragraph (3) of Subsection I of Section 1-4-5.1 NMSA 1978. The county clerk shall note on the mailed ballot register and signature roster that the applicant's mailed ballot must be returned with the required documentary identification. Laws 1989, ch. 295, § 3; 2018, ch. 79, § 41; repealed and reenacted by Laws 2019, ch. 212, § 156; 2023, ch. 39, § 88.

NMSA 1978, § 1-24-4 Special election procedures; election board; records

1-24-4. Special election procedures; election board; records A. Upon the filing in the office of the county clerk of a proclamation calling a special election, the county clerk shall appoint election boards for the special election pursuant to the provisions of Sections 1-2-6 through 1-2-18 NMSA 1978. The county clerk shall keep a log of how each person was notified and confirmation that the notice was received. Presiding judges and election judges on the election board for the special election shall be appointed from among those persons who served as election board members in a recent statewide election. The handling of mailed ballots returned to the county clerk in a special election shall be pursuant to the provisions of Section 1-6-14 NMSA 1978. The election board for the special election shall tally the votes for each ballot question in the special election ballot in the presence of the county clerk and any other person who may desire to be present; provided that such person does not interfere with the duties of the election board for the special election. After completion of the tally, the election board for the special election shall replace the ballots in the ballot boxes or ballot containers and lock the ballot boxes or ballot containers, and the election board for the special election shall certify for the county canvassing report the results of the special election. B. The returns of the results of special elections are public documents, subject to retention and inspection pursuant to Section 1-12-69 NMSA 1978. Laws 1989, ch. 295, § 4; 2019, ch. 212, § 157.

NMSA 1978, § 1-24-5 Special election procedures; costs of election; prohibition on nongovernmental entities

1-24-5. Special election procedures; costs of election; prohibition on nongovernmental entities A. The costs of conducting a special election shall be paid for by the state or local public body calling for the election. B. When the proclamation is issued by: (1) the secretary of state, the state shall pay all costs of the special election, including reasonable costs incurred by each county clerk; and (2) a local public body: (a) unless the local public body has made appropriate arrangements with the county clerk by means of a written memorandum of understanding or has provided the county clerk with written documentation that the local public body has made arrangements for payment with an election vendor, the local public body shall deposit the estimated actual amount for all costs associated with the conduct of the special local election with the county clerk no later than forty-nine days before the special local election; and if multiple local public bodies jointly conduct a special local election, each local public body shall post a pro rata share of the estimated actual cost of conducting the special local election; (b) a county clerk may refuse to print or mail ballots for a special local election if the estimated actual cost of the election has not been deposited with the county clerk no later than forty-nine days before the special local election and the local public body has not made appropriate arrangements with the county clerk by means of a written memorandum of understanding; (c) within sixty days following the special local election, the county clerk shall provide an accounting of expenses along with a refund for any funds not expended or a bill for the remainder of the expenses to be paid by the local public body within ninety days following the special local election; and (d) the secretary of state shall maintain current on the secretary's website guidance for calculating the estimated actual cost of a special local election. C. No individual, corporation, person, political action committee or other nongovernmental entity shall pay for or reimburse the state or a local public body for the costs associated with conducting a special election. Upon a finding of a violation of this subsection, the district court shall nullify the votes cast in the special election and shall void the result of the special election. Laws 2018, ch. 79, § 42; 2019, ch. 212, § 158.

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