Well this status was written in 1978 but has not been correctly followed by the Democratic Party of New Mexico for as long as I can remember. Now this year it will be enforced by the State Party Chairman to the complete surprise of everyone in the Democratic Party. The rules posted on the state party website had to be changed this year to conform to this state statue which is a law in New Mexico. I feel that this law should be changed during the next legislative session to reflex the practice of the party. Nowhere in the law does it state that only state central committee members for a specific district would appoint a candidate. Although that is how the party worded their changes. This law would allow state central committee members from any district to take part in voting on a district position. As a matter of fact it would require a vote from a majority of the State Central Committee in order to fill the position. This is because no item can be vote on by the State Central Committee unless they have a quote of its members.
New Mexico State Status:
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 the 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, or a vacancy occurs because a new public office is created and was not included in the governor's proclamation but is capable by law of being 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 the office is a federal office, state office, district office or multicounty 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 the office is a magistrate office, county office or 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 qualify pursuant to Section 1-8-18 NMSA 1978.
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.
D. When the name of a nominee is filed as provided in this section, the name shall be placed on the general election ballot as the party's candidate for that office.
Oh, and don't forget people No Proxies by order of the state party chairman.
Oh, and don't forget people No Proxies by order of the state party chairman.
