Opinion No. 64-09
January 27, 1964
TO: Mr. James C. Compton, District Attorney, Ninth Judicial District, Portales, New Mexico
QUESTION
FACTS
Approximately three years ago a registered voter in Roosevelt County moved to Lubbock, Texas, and lived there about two years, returning to Portales in July, 1963.
QUESTION
Under such circumstances is the person eligible to be a candidate for a county office in the next primary election?
CONCLUSION
No.
OPINION
ANALYSIS
Section 3-11-16, N.M.S.A., 1953 Compilation (P.S.), provides for the filing of declarations of candidacy for county offices. Such declaration of candidacy must be in substantial compliance with the form provided for in Section 3-11-7, N.M.S.A., 1953 Compilation (P.S.).
This latter Section sets forth a Declaration of Candidacy form which reads in part as follows: "I, ___ a qualified elector of Precinct No. ___, of the County of ___, State of New Mexico . . ." (Emphasis added.) Section 3-1-1, N.M.S.A., 1953 Compilation, defines "qualified elector" as a "citizen of the United States who at the date of the election will be over the age of twenty-one years and will have resided in the state twelve months, in the county ninety days and in the precinct in which he offers to vote thirty (30) days, next preceding the election, except idiots, insane persons, persons convicted of a felonious or infamous crime unless restored to political rights."
Unless these residency provisions can be complied with, a person is not a qualified elector and thus cannot be a candidate for county office.