Primary Election Law; offices affected; questions prohibited.

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A. The Primary Election Law [1-8-10 to 1-8-52 NMSA 1978] applies to major political party nominations for all offices that are to be filled at the general election with the exception of presidential electors.

B. The Primary Election Law does not apply to the election of persons to fill municipal, school district or special district offices, nor does it apply to special elections to fill vacancies in any office filled at the general election. No bond issue or other question shall be voted upon at any primary election.

History: 1953 Comp., § 3-8-16, enacted by Laws 1969, ch. 240, § 166; 1977, ch. 222, § 19.

ANNOTATIONS

Cross references. — For presidential electors not to be nominated at primary, see 1-15-2 NMSA 1978.

Candidate for member of state education board not nominated by primary convention. — Under former law, since the manifest object of the classifications of the primary election statutes was to require candidates for office, elected from a judicial district only, as contrasted to those elected from the state at large, to follow the provisions of 3-11-16, 1953 Comp., rather than to have to be nominated by a statewide primary convention, a candidate for the office of member of the state board of education was not nominated by the primary nominating convention. 1964 Op. Att'y Gen. No. 64-10.

Party may follow own rules for school board nominations. — A political party may nominate whomever it chooses for school board elections under such rules and regulations as it may adopt. 1943 Op. Att'y Gen. No. 43-4222 (opinion rendered under former law).


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