When a write-in candidate has been qualified by the proper filing officer pursuant to the Election Code:
A. a space for entering the name of the write-in candidate shall be clearly designated by the use of the heading "Declared Write-in Candidate" after the listing of other candidates for that office; and
B. the write-in candidate's name shall not be pre-printed on the ballot, nor displayed or otherwise provided in any polling place by any election official or member of an election board.
History: 1953 Comp., § 3-12-81, enacted by Laws 1977, ch. 222, § 50; § 1-12-47 NMSA 1978, recompiled and amended as § 1-10-13 NMSA 1978 by Laws 2009, ch. 150, § 11; 2019, ch. 212, § 105.
ANNOTATIONSRecompilations. — Laws 2009, ch. 150, § 11 recompiled former 1-12-47 NMSA 1978 as 1-10-13 NMSA 1978, effective June 19, 2009.
The 2019 amendment, effective April 3, 2019, provided that the names of write-in candidates shall not be pre-printed on the ballot; in the introductory clause, after "has been", deleted "certified" and added "qualified by the proper filing officer; in Subsection A, added "'Declared'" preceding "Write-in Candidate"; and added Subsection B.
The 2009 amendment, effective June 19, 2009, at the beginning of the sentence, deleted "Where space is allowed on an emergency paper ballot" and added "When a write-in candidate has been certified pursuant to the Election Code, a space"; and after "Write-in Candidate", added "after the listing of other candidates for that office".