This
rule was filed as 1 NMAC 10.7.
TITLE
1 GENERAL
GOVERNMENT ADMINISTRATION
CHAPTER
10 ELECTIONS AND ELECTED OFFICIALS
PART
7 DETERMINATION OF BALLOT
POSITION FOR UNITED STATES
REPRESENTATIVE SPECIAL ELECTIONS
1.10.7.1 ISSUING AGENCY: Office of the Secretary of State
[3/15/97;
Recompiled 11/30/01]
1.10.7.2 SCOPE: This rule applies to any United States
representative special election.
[3/15/97;
Recompiled 11/30/01]
1.10.7.3 STATUTORY AUTHORITY: Election Code, Section 1-2-1(A)(2) and
1-15-18.1 NMSA 1978. [3/15/97; Recompiled 11/30/01]
1.10.7.4 DURATION: Permanent
[3/15/97;
Recompiled 11/30/01]
1.10.7.5 EFFECTIVE DATE: March 15, 1997, unless a later date is cited
at the end of a section or paragraph.
[3/15/97;
Recompiled 11/30/01]
[Compiler’s
note: The words or paragraph, above, are no longer applicable. Later dates are now cited only at the end of
sections, in the history notes appearing in brackets.]
1.10.7.6 OBJECTIVE: To determine by lot the order of preference
for position on the voting machines, emergency paper ballots, alternative
ballots, early-absentee ballots and absentee ballots of all candidates for the
office of United States representative in a United States representative
special election.
[3/15/97;
Recompiled 11/30/01]
1.10.7.7 DEFINITIONS: [RESERVED]
1.10.7.8 PROCEDURES
FOR DETERMINING BALLOT POSITION:
A. The names of the candidates of each
political party qualified to participate in a United States representative
special election shall be placed by party on the United States representative
special election ballot in the order as determined by lot.
B. On the first Wednesday after the
last filing day in the year in which a United States representative special
election is to be held, the state chairman of each political party qualified to
participate in the United States representative special election, or his
designated representative with written authorization by such chairman, shall
meet in the office of the secretary of state at a time specified in a notice
sent by the secretary of state to each chairman by certified mail, return
receipt requested, not less than two weeks prior to such meeting. At this
meeting, the chairman or his designated representative shall proceed to draw by
lot for the position of his party on the United States representative special
election ballot.
C. In accordance with Section 1-10-8.1
NMSA 1978 the order of preference shall be as follows: A. Major political
parties: The order of preference of major political parties for purposes of
this section shall be: first, the top row, with the offices proceeding from
left to right across the machine or paper ballot; second, the second row, with
the offices proceeding from left to right across the machine or paper ballot;
and thereafter, consecutively down each row in the same manner until all major
parties and their candidates are positioned on the ballot. B. Minor political
parties: The order of preference of minor political parties for purposes of
this section in the positions below the major parties on the machine or ballot
shall be: first, the top row, with the offices proceeding from left to right
across the machine or paper ballot; second, the second row, with the offices
proceeding from left to right across the machine or paper ballot; and thereafter,
consecutively down each row in the same manner until all minor parties and
their candidates are positioned on the ballot.
D. There shall be placed in a suitable
container, capsules containing numbers one through the number that is
equivalent to the total number of major political parties participating in the
United States representative special election. The number drawn by each major
party state chairman or his designated representative shall determine the
position on the United States representative special election ballot that his
party and its candidates shall occupy, with number one being the first position
on the ballot, number two being the second, number three being the third, and
so on down the ballot until all major parties are placed on the ballot. The
same procedure shall be followed in a separate drawing for minor parties'
ballot positions. In the event a state party chairman or his designated
representative fails to appear as notified for such drawing, the secretary of
state shall draw for that political party.
E. The names of all independent
candidates shall be printed on the United States representative special
election ballot in a position under the heading "Independent" which
position shall be located below or after the political party positions. In the
event two or more independent candidates run for the same office, their names
shall be located on the ballot in alphabetical order.
F. The sample ballot posted in each
polling place and all sample ballots distributed to each polling place shall
reflect the actual positioning of parties on the voting machine in that
precinct.
[3/15/97;
Recompiled 11/30/01]
HISTORY OF 1.10.7 NMAC: [RESERVED]