1. 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. (1) the last name printed on the ballot shall match the candidate's legal last name;
   2. (2) academic, honorific and elected titles shall not be printed;
   3. (3) periods after initials shall not be printed;
   4. (4) punctuation common to names, other than a period, shall be printed as it appears on the candidate's certificate of registration; and
   5. (5) only letters and punctuation used in roman typefaces shall be printed.
2. B. The order of candidates for the same office in a statewide election shall be determined using a randomization method provided by rule.
3. 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.

4. 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. (1) the candidate files with the proper filing officer a signed and notarized statement of withdrawal as a candidate in that election;
   2. (2) a judicial determination is made that the candidate does not qualify to be a candidate for the office sought;
   3. (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. (4) the voter registration of the candidate is canceled for any reason provided in Chapter 1, Article 4 NMSA 1978.

History: 1953 Comp., § 3-10-11.6, enacted by Laws 1977, ch. 222, § 29; 1979, ch. 378, § 12; 1981, ch. 143, § 2; 1993, ch. 314, § 52; 1993, ch. 316, § 52; 2019, ch. 212, § 101; 2023, ch. 39, § 59.

ANNOTATIONS

Cross references. — For position of names on ballots, see 1-8-59, 1-10-3 and 1-10-8 NMSA 1978.

The 2023 amendment, effective June 16, 2023, provided that the order of candidates for the same office in a statewide election shall be determined using a randomization method provided by rule, and provided that the secretary of state shall adopt rules to differentiate between candidates whose names are the same or are so similar as to tend to cause confusion as to the candidates' identities; added a new Subsection B and redesignated former Subsections B and C as Subsections C and D, respectively; and in Subsection C, after "tend to confuse the voter as to the candidates' identities", deleted "the occupation and, if further differentiation is necessary, the year of birth, of each such candidate shall be printed immediately under the candidate's name on the ballot" and added "the candidates shall be differentiated on the ballot in accordance with rules adopted by the secretary of state".

The 2019 amendment, effective April 3, 2019, provided certain items that should, and items that should not, be on the ballot, provided additional criteria to differentiate candidates with similar names, and provided certain circumstances when a candidate’s name should not be printed on the ballot; in the section heading, deleted "candidates with", added "names not to be printed"; in Subsection A, after "preparation of ballots", added "for a statewide election", and added Paragraphs A(1) through A(5); in Subsection B, after "occupation and,", deleted "post office address" and added "if further differentiation is necessary, the year of birth"; and added Subsection C.

The 1993 amendment, effective June 18, 1993, substituted "certificate" for "affidavit" in Subsection A and made a minor stylistic change in Subsection B.

Purpose of "similar name" statute is to prevent voter confusion. 1964 Op. Att'y Gen. No. 64-25.

Section is remedial in nature and should receive liberal construction. 1964 Op. Att'y Gen. No. 64-25.

On same ballot but different offices. — When two or more candidates for different offices but whose names will appear on the same ballot are the same or are so similar as to tend to confuse the voter as to their identity, the occupation and address of each such candidate is to be printed under such candidate's name on the ballot. 1964 Op. Att'y Gen. No. 64-25.

Same ballot and same office. — When two or more candidates with the same or similar names are running for either the same or different offices and whose names will appear on the same ballot, the occupation and address of each candidate for the office or offices involved is to be printed on the ballot. 1964 Op. Att'y Gen. No. 64-25.

Present principal occupation. — The occupation which is to be listed on the ballot is the candidate's present principal occupation. 1964 Op. Att'y Gen. No. 64-25.