N.M. Stat. § 1-2-2 (2026)

The secretary of state shall:

   A. generally supervise all elections by administering the Election Code [Chapter 1 NMSA
1978] in its statewide application;
    B. prepare instructions for the conduct of election and registration matters in accordance
with the laws of the state;

   C. advise county clerks, boards of county commissioners and boards of registration as to
the proper methods of performing their duties prescribed by the Election Code;

   D. report possible violations of the Election Code of which the secretary of state has
knowledge to the district attorney or the attorney general for prosecution;

     E. cause to be published in book form and distributed to the county clerk of each county for
use by precinct boards [election boards] a sufficient number of copies of the Election Code as it
is from time to time amended and supplemented;

   F. be responsible for the education and training of county clerks regarding elections;

   G. be responsible for the education and training of voting machine technicians; and

   H. assist the county clerks in the education and training of registration officers.

History: 1953 Comp., § 3-2-2, enacted by Laws 1969, ch. 240, § 23; 1975, ch. 255, § 8; 1995,
ch. 198, § 2; 2005, ch. 270, § 10; 2011, ch. 137, § 13.

                                         ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of
the law.

Laws 2019, ch. 212, § 283, effective April 3, 2019, 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 secretary providing instruction on procedures whereby precinct board
shall determine identity of last person in line at time polls close, see 1-12-26 NMSA 1978.

For secretary advising state chairman regarding method of nominating and electing presidential
electors, see 1-15-1 NMSA 1978.

The 2011 amendment, effective July 1, 2011, eliminated the secretary of state’s obligation to
assist in the recruitment and training of poll workers and other election workers and in the
certification of presiding judges of precinct boards.

The 2005 amendment, effective July 1, 2005, in Subsection I, provided that the secretary of
state shall assist county clerks in the recruitment and training of poll workers and other election
workers and in the certification of the presiding judges of the precinct boards and deleted the
former provision that the secretary of state shall assist in the education and training of precinct
boards.

The 1995 amendment, effective April 6, 1995, deleted "deputy" preceding "registration" in
Subsection I.
Mandamus appropriate on issue of proper way to conduct primary election. — Where
petitioners, twenty-seven county clerks, and respondent, the New Mexico secretary of state,
submitted a stipulated petition for an emergency writ to compel the secretary of state to mail
absentee ballots directly to all registered voters in lieu of conducting in-person voting for the
June 2020 primary election, claiming that the primary election was scheduled amidst a global
pandemic and national statewide public health emergency, that in-person voting could not be
conducted safely under those circumstances, and that the requested relief was necessary to
protect the health of election workers, voters, and the general public, and where intervenors
argued that the Election Code, §§ 1-1-1 to 1-26-6 NMSA 1978, does not allow elections to be
conducted entirely by mail and that it would violate separation of powers principles for a non-
legislative branch of government to implement an alternative election procedure, mandamus
was appropriate because the case involved a fundamental constitutional question of great public
importance, involved a legal rather than a factual dispute, and required an expeditious
resolution. State ex rel. Riddle v. Toulouse Oliver, 2021-NMSC-018.

The New Mexico secretary of state had a nondiscretionary duty to ensure that the 2020
primary election held during a pandemic was conducted in compliance with the Election
Code and executive and public health orders. — Where petitioners, twenty-seven county
clerks, and respondent, the New Mexico secretary of state, submitted a stipulated petition for an
emergency writ to compel the secretary of state to mail absentee ballots directly to all registered
voters in lieu of conducting in-person voting for the June 2020 primary election, claiming that the
primary election was scheduled amidst a global pandemic and national statewide public health
emergency, that in-person voting could not be conducted safely under those circumstances, and
that the requested relief was necessary to protect the health of election workers, voters, and the
general public, and where intervenors argued that the Election Code, §§ 1-1-1 to 1-26-6 NMSA
1978, does not allow elections to be conducted entirely by mail and that it would violate
separation of powers principles for a non-legislative branch of government to implement an
alternative election procedure, the New Mexico supreme court denied petitioners' and
respondent's requested relief because the Election Code does not permit the secretary of state
to mail absentee ballots directly to voters without a prior request from the voter, but the supreme
court issued its writ of mandamus to compel the secretary of state to mail absentee ballot
applications to every eligible voter in New Mexico, because the secretary of state had an
affirmative duty to conduct elections in full compliance with the Election Code, which requires
that all statewide primary and general elections offer both in-person voting and absentee voting
options, and an affirmative duty to comply with all pandemic-related executive and public health
orders, which required the secretary of state to take all lawful steps to minimize the spread of
COVID-19. As the chief election officer of the state, respondent had a duty to manage the
election in a manner that minimized the risk of spreading COVID-19 and in a manner that
protected lives by helping voters stay home as much as possible. State ex rel. Riddle v.
Toulouse Oliver, 2021-NMSC-018.