N.M. Stat. » N.M. Stat. / Chapter 1 / Article 1
New Mexico Statutes

N.M. Stat. § 1-1-1 (2026)

Election Code.

✓ current as of May 2026
Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar 
Chapter 1 NMSA 1978 may be cited as the "Election Code".

History: 1953 Comp., § 3-1-1, enacted by Laws 1969, ch. 240, § 1; 1975, ch. 255, § 1.

                                         ANNOTATIONS

Temporary provisions. — Laws 2019, ch. 212, § 283 provided that references in the Election
Code to "precinct board", shall be deemed to be references to "election board", as that term is
defined in Section 1-1-13 NMSA 1978.

Cross references. — For provision that elections are to be free and open, see N.M. Const., art.
II, § 8.

For elective franchise generally, see N.M. Const., art. VII.

For date for holding general elections, see N.M. Const., art. XX, § 6.

For provision prohibiting abridging right of suffrage because of race, color or previous servitude,
see N.M. Const., art. XXI, § 5.

Ballot requirements to protect public. — In an effort to protect the public from the undesirable
effects of an unrestrained nominating process, the legislature has seen fit to place certain
requirements on the amount of public support a potential candidate must demonstrate before
being placed on the ballot. There is no reason to suspect that these requirements are
unreasonable. Bardacke v. Dunigan, 1982-NMSC-093,98 N.M. 473, 649 P.2d 1386.

1927 act. — The 1927 act was a comprehensive Election Code. State ex rel. Abercrombie v.
District Court of Fourth Judicial Dist., 1933-NMSC-057, 37 N.M. 407, 24 P.2d 265.

Applicability to referendum. — Former Election Code, and especially Article 7 thereof relating
to elections on constitutional amendments and other questions, included and applied to
referendum. State v. Perrault, 1929-NMSC-099, 34 N.M. 438, 283 P. 902.

Secrecy and purity of ballot to be protected. — Constitutional and statutory provisions
calculated to protect the secrecy and purity of the ballot are to receive favorable consideration.
State ex rel. Read v. Crist, 1919-NMSC-005, 25 N.M. 175, 179 P. 629.

Constructions of election laws should further free exercise of franchise. — In construing
election statutes, no construction of constitutional or statutory provisions is to be indulged which
will defeat or unduly restrict or obstruct the free exercise of the elective franchise unless such is
compelled by the strict letter of the law. 1963 Op. Att'y Gen. No. 63-139.

Law reviews. — For note, "Why Gunaji v. Macias Matters to Candidates and Voters: Its Impact
on New Mexico Election Law," see 33 N.M.L. Rev 431 (2003).

Am. Jur. 2d, A.L.R. and C.J.S. references. — What changes in voting practices or procedures
must be precleared under § 5 of Voting Rights Act of 1965 (42 USCA § 1973c) - Supreme Court
cases, 146 A.L.R. Fed. 619.
Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1982–2025 · leading case: State Ex Rel. Riddle v. Toulouse Oliver, 2021 NMSC 018 (N.M. 2021).
Sort: Relevance Newest Treatment
State Ex Rel. Riddle v. Toulouse Oliver, 2021 NMSC 018 (N.M. 2021). · cites it 3× “{2} We allowed the intervention of the Republican Party of New Mexico, thirty-one state legislators, and other county clerks, who argued that the Election Code, NMSA 1978, §§ 1-1-1 to 1-26-6 (1969, as amended through 2020) (noting that all 2020 amendments take effect on January…”
State Ex Rel. Sugg v. Toulouse Oliver, 2020 NMSC 002 (N.M. 2019). · cites it 2× “STATUTORY BACKDROP {2} The enactment of HB 407 accomplished a major overhaul of this state’s Election Code, NMSA 1978 §§ 1-1-1 to -26 (1969, as amended through 2019).”
State ex rel. League of Women Voters v. Advisory Comm. to the N.M. Compilation Comm'n, 2017 NMSC 25 (N.M. 2017). · cites it 2× “See NMSA 1978, §§ 1-1-1 to 1-24-4 (1969, as amended through 2016).”
Klumker v. Van Allred, 811 P.2d 75 (N.M. 1991). · cites it 2× “The Absent Voter Act forms part of the Election Code, NMSA 1978, §§ 1-1-1 to -24-4 (Repl.Pamp.1985 & Cum.”
Glaser v. LeBus, 2012 NMCA 28 (N.M. Ct. App. 2011). · cites it 2× “{1} In this appeal, we consider whether (1) a formation election under the Public Improvement District Act (PID Act), NMSA 1978, §§ 5-11-1 to -27 (2001, as amended through 2009), incorporates the election contest and recount procedures found in the Election Code, NMSA 1978, §§…”
Eturriaga v. Valdez, 784 P.2d 24 (N.M. 1989). “We primarily address a conflict between the Election Code, NMSA 1978, Sections 1-1-1 to 1-22-19 (RepI.Pamp.1985), and the Rules of Civil Procedure promulgated by this Court concerning proceedings to contest the validity of a primary election.”
Weldon v. Sanders, 655 P.2d 1004 (N.M. 1982). “The Election Code, Sections 1-1-1 through 1-21-14, N.M.S.A. 1978 (Cum.”
Thompson v. Robinson, 688 P.2d 21 (N.M. 1984). “1984), residence for the purpose of candidacy for an office to which the Election Code (§§ 1-1-1 through 1-8-64) applies is “that place in the precinct where the person is registered and eligible to cast a ballot.”
Bardacke v. Dunigan, 649 P.2d 1386 (N.M. 1982). “INTERPRETATION OF THE ELECTION LAWS Dunigan further alleges that the New Mexico Election Code, Sections 1-1-1 through 1-21-14, N.M.S.A. 1978 (Orig.”
Martinez v. Harris, 690 P.2d 445 (N.M. 1984). “] Contestant construes this constitutional provision to require that the polling place itself be within the boundaries of the precinct, and there is some support for this argument from the fact that the legislature has provided, in Section l-3-7(D) of the Election Code (NMSA…”
State ex rel. Taylor v. Denney (N.M. Ct. App. 2025). · cites it 2× “” NMSA 1978, § 1-22-3(B) (2019) (emphasis added); see NMSA 1978, § 1-1-1 (1975) (stating that this chapter “may be cited as the ‘Election Code’”).”
Morper v. Toulouse Oliver, 2020 NMSC 012 (N.M. 2020). · cites it 2× “Under the New Mexico Election Code, NMSA 1978, §§ 1-1-1 to 1-26-6 (1969, amended through 2019), a candidate seeking “preprimary convention designation shall file nominating petitions at the time of filing declarations of candidacy” with the Secretary of State (Secretary).”
Show all 17 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.