§ 1-10-6 — Ballots; name to be printed; order of names; similar names; names

not to be printed. A. In the preparation of ballots for a statewide election, the candidate's name shall be printed on the ballot as it appears on the candidate's certificate of registration that is on file in the county clerk's office on the day the secretary of state issues the proclamation for that election; provided that: (1) the last name printed on the ballot shall match the candidate's legal last name; (2) academic, honorific and elected titles shall not be printed; (3) periods after initials shall not be printed; (4) punctuation common to names, other than a period, shall be printed as it appears on the candidate's certificate of registration; and (5) only letters and punctuation used in roman typefaces shall be printed. B. The order of candidates for the same office in a statewide election shall be determined using a randomization method provided by rule. C. If it appears that the names of two or more candidates for any office to be voted on at the election are the same or are so similar as to tend to confuse the voter as to the candidates' identities, the candidates shall be differentiated on the ballot in accordance with rules adopted by the secretary of state. D. A candidate's name shall not be printed on the ballot if at least seventy days before a general election, sixty-three days before a primary election or regular local election or seven days after the filing day for declarations of candidacy for any other election: (1) the candidate files with the proper filing officer a signed and notarized statement of withdrawal as a candidate in that election; (2) a judicial determination is made that the candidate does not qualify to be a candidate for the office sought; (3) the voter registration of the candidate is updated by the candidate in such manner that the candidate does not qualify to be a candidate for the office sought; or (4) the voter registration of the candidate is canceled for any reason provided in Chapter 1, Article 4 NMSA 1978.

Legislative History

1953 Comp., § 3-10-11.6, enacted by Laws 1977, ch. 222, § 29; 1979, ch. 378, § 12;