A. As used in the Election Code and rules promulgated by the secretary of state, "qualified elector" means any resident of this state who is qualified to vote under the provisions of the constitution of New Mexico and the constitution of the United States and includes any qualified resident.
B. As used in all other statutes and rules of New Mexico, unless otherwise defined, "qualified elector" means a "voter" as that term is defined in Section 1-1-5 NMSA 1978.
History: 1953 Comp., § 3-1-4, enacted by Laws 1969, ch. 240, § 4; 1975, ch. 255, § 2; 2011, ch. 137, § 5; 2019, ch. 212, § 2.
Cross references. — For qualifications of voters, see N.M. Const., art. VII, § 1.
For voting age unaffected by general lowering of age of majority to 18, see 28-6-1 NMSA 1978.
The 2019 amendment, effective April 3, 2019, revised the definition of "qualified elector" as used in the Election Code; in Subsection A, added "and rules promulgated by the secretary of state", and after "United States", added "and includes any qualified resident"; and added Subsection B.
The 2011 amendment, effective July 1, 2011, defined "qualified elector" as a resident of New Mexico.
Compiler's notes. — A three-judge federal district court sitting in Trujillo v. Garley, U.S. Dist. Ct., Civ. A. No. 1353, entered a declaratory judgment on August 11, 1948, that Indians in New Mexico are entitled to vote, the former provisions of the New Mexico constitution to the contrary notwithstanding. The case was not appealed.
Qualification of grand juror. — Grand juror did not have to be a properly registered voter to be a qualified elector, for purposes of sitting on the grand jury. State v. Chama Land & Cattle Co., 1990-NMCA-129, 111 N.M. 317, 805 P.2d 86.
A juror has only to meet the requirements of N.M. Const., art. VII, § 1 to be a qualified elector under 38-5-1 NMSA 1978, and therefore to be qualified to serve as a grand juror. State v. Chama Land & Cattle Co., 1990-NMCA-129, 111 N.M. 317, 805 P.2d 86.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Women's suffrage amendment to federal or state constitution as affecting pre-existing constitutional or statutory provisions which limited rights or duties to legal or male voters, 71 A.L.R. 1332, 157 A.L.R. 461.
Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.
29 C.J.S. Elections § 1(7).
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