A. In a primary or general election, no candidate's name shall appear more than once on the ballot, except in the case of a candidate who is also a candidate for president or vice president of the United States.
B. In a regular local election, a candidate's name:
(1) shall not appear more than once to be elected to any position with the same local government; and
(2) may appear more than once to be elected to any position with different local governments.
History: 1953 Comp., § 3-10-11.7, enacted by Laws 1977, ch. 222, § 30; 1979, ch. 378, § 13; 1981, ch. 143, § 3; 2019, ch. 212, § 102.
ANNOTATIONSThe 2019 amendment, effective April 3, 2019, revised provisions related to names appearing on a ballot, and added a separate provision applicable to regular local elections; in the section heading, added "exceptions"; deleted "Except in the case of a candidate for United States senate or United States representative who is also a candidate for president or vice president of the United States"; in Subsection A, added "In a primary or general election", and after "once on the ballot", deleted "Whenever a person is, with his knowledge and consent, a candidate at any nominating convention or primary for nomination as the candidate of any political party for any office to be voted on at the election to be held next after such convention or primary, his name shall not be printed on the ballot at such election except in the column under the party name and emblem of the party designated on his declaration of candidacy or statement of candidacy for convention designation" and added "except in the case of a candidate who is also a candidate for president or vice president of the United States."; and added Subsection B.
Intent of section is to prevent party switching after an unsuccessful primary bid in order to run in the general election. Anderson v. Hooper, 498 F. Supp. 898 (D.N.M. 1980) (decided prior to 1981 amendment).
Running as independent in succeeding election not prevented. — Section 1-8-19 NMSA 1978 and this section do not prevent an unsuccessful party primary candidate from running as an independent in the succeeding general election. Anderson v. Hooper, 498 F. Supp. 898 (D.N.M. 1980)(decided prior to 1981 amendment).
Section does not apply to presidential primary and does not prevent placement of candidate's name on general election ballot. Anderson v. Hooper, 498 F. Supp. 898 (D.N.M. 1980)(decided prior to 1981 amendment).