NMSA 1-10-8. Ballots; order of offices and ballot questions

1-10-8. Ballots; order of offices and ballot questions. A. In the year in which the president of the United States is elected, the ballot in a primary election and general election shall contain, when applicable, partisan offices to be voted on in the following order: (1) in a presidential primary, president; (2) in a general election, president and vice president as a ticket; (3) United States senator; (4) United States representative; (5) state senator; (6) state representative; (7) supreme court; (8) court of appeals; (9) public education commission; (10) district attorney; (11) district court; (12) metropolitan court; (13) county clerk; (14) county treasurer; (15) county commission; and (16) when applicable: (a) county sheriff; (b) county assessor; and (c) probate judge. B. In the year in which the governor is elected, the ballot in a primary election and general election shall contain, when applicable, partisan offices to be voted on in the following order: (1) United States senator; (2) United States representative; (3) in a major political party primary, governor; (4) in a major political party primary, lieutenant governor; (5) in a general election, governor and lieutenant governor as a ticket; (6) secretary of state; (7) attorney general; (8) state auditor; (9) state treasurer; (10) commissioner of public lands; (11) state representative; (12) supreme court; (13) court of appeals; (14) public education commission; (15) district court; (16) metropolitan court; (17) magistrate court; (18) county sheriff; (19) county assessor; (20) county commission; (21) probate judge; and (22) when applicable: (a) county clerk; and (b) county treasurer. C. The ballot in a regular local election shall contain, when applicable, nonpartisan offices to be voted on in the following order: (1) municipal, with elective executive officers listed first, governing board members listed second and judicial officers listed third; (2) board of education of a school district; (3) community college, branch community college, technical and vocational institute district or learning center district; and (4) special districts listed in order by voting population of each special district, with the most populous listed first and the least populous listed last. D. The ballot in a statewide election shall contain, when applicable, nonpartisan judicial retention and in a statewide or special election, when applicable, ballot questions to be voted on in the following order, unless a different order is prescribed by the secretary of state: (1) judicial retention; (2) proposed state constitutional amendments; (3) other state ballot questions; (4) county ballot questions; and (5) local government ballot questions listed in the same order as the list of local governments in Subsection C of this section. E. When multiple positions for the same nondistricted, nonjudicial office are to be elected on the same ballot and the qualifications for each position are the same, the nondistricted, nonjudicial district shall be elected at large in a single contest on the ballot in which voters shall be given the instruction to "vote for no more than X". If two or more positions for the same office are to be elected to represent the same area but with terms of different lengths of time, the candidate receiving the highest number of votes shall be elected to the position with the longest term length, and the candidate receiving the next highest number of votes shall be elected to the position with the next longest term length, with additional candidates elected to positions accordingly. F. When multiple positions for the same districted, nonjudicial office are listed on the same ballot or the qualifications for one or more at-large positions are distinct from the qualifications of the rest: (1) offices designated by district number shall appear on the ballot in ascending numerical order of the districts; and (2) offices not designated by district number shall appear on the ballot in ascending numerical order of the position; provided that the secretary of state shall numerically designate the positions on the ballot as "position one", "position two" and such additional consecutively numbered positions as are necessary, and only one member shall be elected for each position. G. When multiple positions for the same judicial office are listed on the same ballot, each position is to be elected or voted on individually as follows: (1) district, metropolitan and magistrate court positions, either for partisan election or for nonpartisan judicial retention, shall appear on the ballot in ascending numerical order of the division number assigned to each position; (2) supreme court and court of appeals for partisan election shall appear on the ballot in ascending numerical order of the position number designated by the secretary of state for that election, based on the date of the vacancy causing the position to be listed on the ballot; provided that if multiple vacancies occurred on the same day, the positions shall appear on the ballot based on the order of seniority of the justice or judge who vacated the position, with the highest seniority listed first; and (3) supreme court and court of appeals for nonpartisan judicial retention shall appear on the ballot in ascending numerical order of the position number designated by the secretary of state for that election, based on the seniority of the justice or judge seeking retention, with the highest seniority listed first. History: 1953 Comp., § 3-10-11.8, enacted by Laws 1977, ch. 222, § 31; 1991, ch. 105, § 17; 2011, ch. 56, § 1; 2015, ch. 145, § 58; 1978 Comp., § 1-10-8, repealed and reenacted by Laws 2019, ch. 212, § 103; 2020, ch. 9, § 8; 2023, ch. 39, § 60.