Section 1-8-8 - Vacancy on general election ballot; occurring after primary. - New Mexico Statutes

1-8-8. Vacancy on general election ballot; occurring after primary.

A.     If after a primary election a vacancy occurs, for any cause, in the list of nominees of a qualified political party for any public office to be filled in the general election, or a vacancy occurs because of the resignation or death of a person holding a public office not included in the governor's proclamation and which office is required by law to be filled at the next succeeding general election, the vacancy on the general election ballot may be filled by:   

(1)     the central committee of the state political party filing the name of its nominee for the office with the proper filing officer when such office is a federal, state, district or multi-county legislative district office; and   

(2)     the central committee of the county political party filing the name of its nominee for the office with the proper filing officer when such office is a magistrate, county or a legislative district office where the district is entirely within the boundaries of a single county.   

B.     Appointments made pursuant to Subsection A of this section shall be of the same party affiliation as the original nominee and reside in the district from which he will be elected as shown by his certificate of registration on file in the county clerk's office before the day of the governor's primary election proclamation.   

C.     Appointments to fill vacancies in the list of a party's nominees shall be made and filed at least fifty-six days prior to the general election. If the vacancy is caused by the death of a nominee, the central committee may in like manner file the name of its nominee to fill the vacancy up until five days prior to the general election.   

D.     When the name of a nominee is filed as provided in this section, such name shall be placed on the general election ballot as the party's candidate for that office.  In the case of a nominee appointed after the general election ballots are printed, such name shall be placed on the ballot by pasting the printed name of the nominee over the name of the candidate whose vacancy he fills on the general election ballot.