New Mexico Register
/ Volume XXIX, Issue 8 / April 24, 2018
This
is an amendment to 1.10.11 NMAC, Sections 8 and 10, effective 4/24/2018.
1.10.11.8 ORDER
OF OFFICES ON THE STATEWIDE BALLOT:
A. The ballot used in the primary and general
elections shall contain, when applicable, the offices to be voted on in the
following order:
(1) president
and vice president;
(2) United
States senator;
(3) United
States representative;
B. Non-judicial
state offices, when applicable, shall be in the following order on the primary
election ballot. The order of the
non-judicial state offices on the general election ballot shall be the same as
in the primary election except, per New Mexico state constitution Article 5,
Section 1, the governor and lieutenant governor shall be elected jointly by the
casting by each voter of a single vote applicable to both offices.
(1) Governor;
(2) lieutenant
governor;
(3) secretary
of state;
(4) state
auditor;
(5) state
treasurer;
(6) attorney
general;
(7) commissioner
of public lands.
C. When applicable,
the ballot used in the primary and general elections shall continue in the
following order:
(1) state
senator;
(2) state
representative.
D. When
applicable, other districted offices shall be in the following order on the
primary and general election ballot:
(1) public
regulation commissioner;
(2) public
education commissioner;
(3) district
attorney.
E. Judicial offices in partisan contests, when
applicable, shall be in the following order on the primary and general election
ballot:
(1) supreme
court justice in the order in which the position became vacant designated for purposes of ballot order by numerical position
(Position 1, Position 2, Position 3, etc.);
(2) court
of appeals judge in the order in which the position became vacant designated for purposes of ballot order by numerical position
(Position 1, Position 2, Position 3, etc.);
(3) district
court judge, in numerical order by division;
(4) magistrate
or metropolitan court judge, when applicable, in numerical order by division.
F. When applicable,
the ballot used in the primary and general elections shall continue in the
following order:
(1) county
commissioners or county councilors, in numerical order by district;
(2) county
clerk;
(3) county
treasurer;
(4) county
assessor;
(5) county
sheriff;
(6) probate
judge.
G. When applicable,
the ballot used in the general elections shall continue with other
questions. At least 63 days before each
general election, the SOS shall determine the order of each category of other
questions, taking into account the need for a common back side for ballots in
certain counties to reduce costs and to increase the efficiency of the check-in
procedure for voters when using on demand ballot printing systems. The categories of other questions are:
(1) statewide
judicial offices in retention elections, including supreme court and court of
appeals, when applicable, in the order of seniority of each judicial officer;
(2) district
court retention elections, when applicable, in numerical order by division;
(3) metropolitan court retention
elections, when applicable, in numerical order by division;
(4) constitutional amendments, in the
order passed by the legislature;
(5) general
obligation bonds, in the order described in the chaptered General Obligation Bond
Act;
(6) other
statewide questions, otherwise authorized by law for placement on the ballot;
(7) local
government ballot questions, in the order prescribed by the applicable county
commission or county council.
[1.10.11.8 NMAC - N, 2/12/2016; A, 04/24/2018]
1.10.11.10 CANDIDATES
FOR Governor and Lieutenant Governor on
the Ballot: Pursuant to the New Mexico state
constitution Article 5, Section 1, the governor and lieutenant governor shall
be elected jointly by the casting by each voter of a single vote applicable to
both offices.
A. Primary Election
Ballot. In the event that at least
one candidate of the same major party fails to file or does not qualify for
both the office of governor and lieutenant governor, then no candidate for
either position shall appear on the primary election ballot for that party in
order to comply with the New Mexico state constitution Article 5, Section 1.
B. General Election
Ballot. In the event that at least
one independent candidate or candidate for the same minor party fails to file
for or does not qualify for both the office of governor and lieutenant
governor, then no candidate for either position shall appear on the general election
ballot for that party in order to comply with the New Mexico state constitution
Article 5, Section 1. For example, if an
independent candidate for governor files and otherwise qualifies for appearance
on the ballot but no independent candidate files for lieutenant governor, then
the candidate for governor shall not appear on the ballot.
C. If an odd number
of independent candidates for governor and lieutenant governor file and
otherwise qualify to appear on the general election ballot, the qualifying
candidates may choose to designate one another, on a form prescribed by the
secretary of state, in order to determine which candidates will appear on the
general ballot in compliance with the New Mexico state constitution Article 5,
Section 1. For example, if two
independent candidates for governor file and otherwise qualify for appearance
on the ballot and only one independent candidate for lieutenant governor files
and otherwise qualifies for appearance on the ballot, two of the candidates
would complete the prescribed form in order to designate one another to
determine which one of the two candidates for governor will appear with the
candidate for lieutenant governor on the general election ballot. Failure to designate, will result in the
drawing by lot as described in subsection D.
D. As an
alternative to subsection C, if the independent candidates for governor and
lieutenant governor fail to designate one another, a drawing by lot will be
conducted by the secretary of state to determine the candidates to appear on
the general ballot. The drawing by lot
will be conducted on the first Wednesday in the month
of September in the year in which a general election is to be held.
[1.10.11.10 NMAC - N, 04/24/2018]