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Home » US Law » 2021 New Mexico Statutes » Chapter 1 - Elections » Article 8 - Nominations and Primary Elections » Section 1-8-12 – Primary Election Law; proclamation calling primary and general elections.

A. The secretary of state shall issue a public proclamation calling a general election to be held in each county and precinct of the state on the date prescribed by Article 20, Section 6 of the constitution of New Mexico.

B. The general election proclamation shall also call a primary election for the nomination of general election candidates by each major political party to be held in each county and precinct of the state on the date prescribed by the Primary Election Law.

C. The proclamation shall be filed by the secretary of state in the office of the secretary of state on the last Monday in January of each even-numbered year.

History: 1953 Comp., § 3-8-11, enacted by Laws 1969, ch. 240, § 161; 1975, ch. 295, § 3; 1983, ch. 232, § 9; 2019, ch. 212, § 90.

ANNOTATIONS

The 2019 amendment, effective April 3, 2019, provided that the secretary of state issue the proclamation calling a general election, and provided for the calling of a primary election; in the section heading, added “calling primary and general elections”; in Subsection A, deleted “governor” and added “secretary of state”, after “public proclamation calling”, added “a general election to be held in each county and precinct of the state on the date prescribed by Article 20, Section 6 of the constitution of New Mexico.”; in Subsection B, added “The general election proclamation shall also call”, after “primary election”, added “for the nomination of general election candidates by each major political party”; and in Subsection C, after “filed”, deleted “with” and added “by”, and added “in the office of the secretary of state”.

Cross references. — For date prescribed for holding primary election, see 1-8-11 NMSA 1978.

Proclamation must include district boundaries and terms of office for county commissioner. — When the proclamation required under this section lists the “office” of county commissioner, it must also specifically describe the boundaries of the districts which make up this office, and set forth the terms of office pertinent to the office of county commissioner, specifying the term which applies to each district. State ex rel. Robinson v. King, 1974-NMSC-028, 86 N.M. 231, 522 P.2d 83.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 29 C.J.S. Elections § 117.