TITLE 1 GENERAL
GOVERNMENT ADMINISTRATION
CHAPTER
10 ELECTIONS AND ELECTED OFFICIALS
PART 11 ORDER
OF OFFICES ON THE BALLOT
1.10.11.1 ISSUING AGENCY:
Office of the Secretary of State (SOS).
[1.10.11.1 NMAC - Rp, 1 NMAC 10.11.1, 2/12/2016]
1.10.11.2 SCOPE:
This rule applies to any statewide primary or general election.
[1.10.11.2 NMAC - Rp, 1 NMAC 10.11.2, 2/12/2016]
1.10.11.3 STATUTORY AUTHORITY: Election Code, Section 1-10-8 NMSA 1978.
[1.10.11.3 NMAC - Rp, 1 NMAC 10.11.3, 2/12/2016]
1.10.11.4 DURATION:
Permanent.
[1.10.11.4 NMAC - Rp, 1 NMAC 10.11.4, 2/12/2016]
1.10.11.5 EFFECTIVE DATE:
February 12, 2016, unless a later date is cited at the end of a section.
[1.10.11.5 NMAC - Rp, 1 NMAC 10.11.5, 2/12/2016]
1.10.11.6 OBJECTIVE:
To establish the order of offices and to standardize the appearance of
candidate names on the paper ballots in a primary or general election.
[1.10.11.6 NMAC - Rp, 1 NMAC 10.11.6, 2/12/2016]
1.10.11.7 DEFINITIONS:
A. “Judicial offices in partisan
contest” means
the non-retention, partisan election of supreme court justice and judge of the
court of appeals as well as district court judges (13 districts), magistrate
court judges and metropolitan court judges.
B. “Non-judicial
state offices to be voted on at large” means the governor, lieutenant governor, secretary of state, attorney
general, state treasurer, state auditor and commissioner of public lands.
C. “Other district offices” means districted offices
including the public regulation commissioner (five districts), public education
commissioner (10 districts), and district attorneys (13 districts).
D. “Other questions” means those ballot
questions to be placed on the ballot which are authorized by a law other than
Section 1-10-8 NMSA 1978 including general obligation bonds, constitutional
amendments, and other propositions.
[1.10.11.7 NMAC - Rp, 1 NMAC 10.11.7, 2/12/2016]
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]
1.10.11.9 APPEARANCE
OF NAME ON THE BALLOT: A candidate’s name appearing on the ballot shall be printed as it
appears on the candidate’s certificate of registration, notwithstanding the
following:
A. The
last name printed on the ballot must match the candidate’s legal last name.
B. Academic,
honorific, and elected titles will not be printed on the ballot.
C. Periods
after initials will not be printed on the ballot.
D. Punctuation
common to names, other than periods, will be printed on the ballot as it
appears on the candidate’s certificate of registration.
E. Only letters and punctuation utilized in
roman typefaces will be printed on the ballot.
[1.10.11.9 NMAC - N, 2/12/2016]
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]
HISTORY
OF 1.10.11 NMAC:
1 NMAC
10.11, Order of Offices on the Ballot, filed 11/25/1997 - Repealed effective 2/12/2016.