A. The secretary of state is the chief election officer of the state.

B. The secretary of state shall:

(1) obtain and maintain uniformity in the application, operation and interpretation of the Election Code; and

(2) subject to the State Rules Act [Chapter 14, Article 4 NMSA 1978], make rules pursuant to the provisions of, and necessary to carry out the purposes of, the Election Code and shall furnish to the county clerks copies of such rules; provided that no rule is adopted or amended within the sixty-three days before a primary or a general election.

C. No forms or procedures shall be used in any election held pursuant to the Election Code without prior approval of the secretary of state.

History: 1953 Comp., § 3-2-1, enacted by Laws 1969, ch. 240, § 22; 1971, ch. 317, § 1; 1975, ch. 255, § 7; 1979, ch. 74, § 2; 2011, ch. 137, § 12; 2015, ch. 145, § 7; 2017, ch. 101, § 1.

Cross references. — For violation of Election Code by officers, see 1-20-23 NMSA 1978.

For legislature prescribing time, manner and place of voting, see N.M. Const., art. VII, § 1.

For bureau of elections created in secretary of state's office, see 8-4-5 NMSA 1978.

The 2017 amendment, effective June 16, 2017, changed the deadline for election code rule changes; in Subsection B, Paragraph B(2), after "amended within the", deleted "fifty-six" and added "sixty-three".

The 2015 amendment, effective July 1, 2015, removed the power of the secretary of state to bring such actions as deemed necessary, through the attorney general or district attorney having jurisdiction, for the enforcement of the provisions of the Election Code; in the catchline, after "rules", deleted "enforcement powers"; in Subsection A, after "officer of the state", deleted "and" and designated the remainder of the subsection as Subsection B, and redesignated the succeeding subsection accordingly; in Subsection B, added "The secretary of state"; in Paragraph (1) of Subsection B, after "Election Code;" added "and"; and deleted Paragraph (3) of Subsection B.

The 2011 amendment, effective July 1, 2011, prohibited rules from being adopted or amended within the fifty-six days before a primary or general election.

No power to change mandatory provisions. — The secretary of state does not have the power to change mandatory provisions of the Election Code. Weldon v. Sanders, 1982-NMSC-136, 99 N.M. 160, 655 P.2d 1004.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections § 89 et seq.

Arrest, immunity of election officers from criminal arrest, 1 A.L.R. 1160.

Effect of irregularity in performance of duties of election officials where all electors are given opportunity to express themselves freely, 133 A.L.R. 279.

Liability of public officers for breach of duty in respect of election or primary election laws, 153 A.L.R. 109.

29 C.J.S. Elections §§ 66 to 82.