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NEW MEXICO STATUTES AND CODES

Section 1-22-18 - Write-in candidates.

1-22-18. Write-in candidates.

A.     Write-in candidates for the office of board member shall be permitted in school district elections.

B.     A person may be a write-in candidate only if the person has the qualifications to be a candidate for membership on the board in the school district election as provided in the School Election Law [1-22-1 NMSA 1978].

C.     A person desiring to be a write-in candidate for the office of board member shall file with the proper filing officer a declaration of intent to be a write-in candidate.  The declaration shall be filed before 5:00 p.m. on the thirty-fifth day preceding the date of the election.

D.     A write-in vote shall be counted and canvassed only if:

(1)     the name written in is the name of a declared write-in candidate and shows two initials and last name; first name, middle initial or name and last name; first and last name; or the full name as it appears on the declaration of intent to be a write-in candidate and if misspellings of those combinations can be reasonably determined by a majority of the members of the precinct board to identify a declared write-in candidate; and

(2)     the name is written on the proper line provided on the ballot for write-in votes for the office and position for which the candidate has declared intent and the voter has followed the directions for voting for the write-in candidate.

E.     At the time of filing the declaration of intent to be a write-in candidate, the write-in candidate shall be considered a candidate for all purposes and provisions relating to candidates in the School Election Law except that the write-in candidate's name shall not be printed on the ballot.

F.     A write-in vote shall be cast by writing in the name.  As used in this section, "write-in" does not include the imprinting of any name by rubber stamp or similar device or the use of a preprinted sticker or label.

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