Section 1-10-12 - Paper ballots; general requirements

Paper ballots shall: A. be numbered consecutively; B. be uniform in size; C. be printed on good quality white paper; D. be printed in plain black type; E. have the precinct numbers printed on each paper ballot; and F. be in the form prescribed by the secretary of state. History: 1953 Comp., § 3-12-78, enacted by Laws 1977, ch. 222, § 47; 1987, ch. 249, § 39; 1991, ch. 105, § 34; § 1-12-44 NMSA 1978, recompiled and amended as § 1-10-12 NMSA 1978 by Laws 2009, ch. 150, § 10. ANNOTATIONSRecompilations. — Laws 2009, ch. 150, § 10 recompiled former 1-12-44 NMSA 1978 as 1-10-12 NMSA 1978, effective June 19, 2009. The 2009 amendment, effective June 19, 2009, at the beginning of the sentence, before 'Paper ballots', deleted 'Emergency' and after 'Paper ballots', deleted 'used in the primary and general elections'; in Subsection A, deleted language that provided for the numbering of ballots beginning with precinct one; deleted former Subsection E, which required all words, phrases and the name of candidates to be printed in their proper places; in Subsection E, after 'have the', deleted 'legislative district, commissioner district and', and after 'printed on each', deleted 'emergency'; and

of candidates to be printed in their proper places; in Subsection E, after 'have the', deleted 'legislative district, commissioner district and', and after 'printed on each', deleted 'emergency'; and added Subsection F. The legislature did not delegate to the secretary of state the authority to reinstate straight-ticket voting in New Mexico. — Where the New Mexico secretary of state sought to reinstate straight-ticket voting in the November 2018 general election, and where petitioners, a coalition of voters, political parties, and political organizations, filed a petition for writ of mandamus requesting an order prohibiting the secretary of state from further efforts to reinstate the straight-ticket option on the grounds that she does not possess the authority to do so, the writ of mandamus was issued because N.M. Const., Art. VII, § 1(B) gives the legislature plenary authority over elections, an authority which cannot be delegated and which is limited only by the New Mexico constitution. Moreover, the history of straight-ticket voting in New Mexico indicates that the legislature never delegated or attempted to delegate to the secretary of state the authority to decide whether

tution. Moreover, the history of straight-ticket voting in New Mexico indicates that the legislature never delegated or attempted to delegate to the secretary of state the authority to decide whether straight ticket voting shall be an option to voters in general elections, and 1-10-12(F) NMSA 1978, which gives the secretary of state the authority to prescribe the form of the ballot, was never intended to authorize the secretary of state to decide questions related to straight-ticket voting. Unite New Mexico v. Oliver, 2019-NMSC-009.