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.
History: Laws 1989, ch. 295, § 1; 2018, ch. 79, § 38; 2019, ch. 212, § 153.
ANNOTATIONSThe 2019 amendment, effective April 3, 2019, revised the procedures for special elections; in the section heading, deleted “exception” and added “prohibition”; in Subsection B, after “conducted by the state or”, deleted “a local government, except for ballot questions printed on a general election ballot or a ballot on which local governing body members are elected pursuant to the Local Election Act” and added “any local public body.”; and added Subsection C.
The 2018 amendment, effective July 1, 2018, provided a short title and statutory citation, and provided an exception to the provisions of the Special Election Act; in the section heading, after the section number, added “Short title”, after “special election”, deleted “procedures” and added “act”, and after “application;”, added “exception”; deleted “To the extent separate laws pertaining to the conduct of special elections by local governments or special districts or to the extent procedures are not specified under such separate laws for the conduct of special elections, the provisions of Sections 1 through 4 of this act shall apply” and added Subsections A and B.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 278 et seq., 291, 317.
29 C.J.S. Elections, §§ 67, 70 to 75, 190 et seq.