reglab/housing_qa huggingface dataset:
NM Stat § 1-13-21 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-21 - Clearing voting systems; transferring ballots.

A. The county clerk shall not clear the votes recorded on the removable storage media devices until at least forty-five days after adjournment of the county or state canvassing board, whichever is later.B. The county clerk shall not clear and shall keep locked those removable media storage devices from voting systems used to tabulate votes for precincts where a recount, judicial inquiry or inspection is sought, subject to order of the district court or other authority having jurisdiction of the contest or inspection.C. Beginning forty-five days after the adjournment of the state or county canvassing board, whichever is later, or forty-five days after completion of a recount or judicial inquiry, the county clerk may transfer ballots from the locked ballot boxes for disposition pursuant to Section 1-12-69 NMSA 1978. History: 1953 Comp., § 3-13-22.1, enacted by Laws 1971, ch. 317, § 21; 1981, ch. 153, § 1; 2007, ch. 337, § 15; 2011, ch. 137, § 102; 2015, ch. 145, § 71; 2019, ch. 212, § 126.ANNOTATIONSCross references. — For unlawful opening of a voting machine, see 1-20-5 NMSA 1978. The 2019 amendment, effective April 3, 2019, revised the date after which the county clerk may clear the votes record on a removable storage media device; and in Subsection A, after "adjournment of the", added "county or", and after "state canvassing board,", added "whichever is later". The 2015 amendment, effective July 1, 2015, amended the period of time that the county clerk must preserve votes recorded on a removable storage media device from thirty to forty-five days, and amended the procedures providing for transferring ballots from the locked ballot boxes for disposition pursuant to Section 1-12-69 NMSA 1978; in the catchline, added "transferring ballots"; in Subsection A, after "at least", deleted "thirty" and added "forty-five"; and added Subsection C.The 2011 amendment, effective July 1, 2011, prohibited the county clerk from clearing votes recorded on the removable storage media devices until thirty days after adjournment of the canvassing board or when there is a recount, judicial inquiry, or inspection is sought; and eliminated the requirement that the county clerk notify county chairs of each political party before clearing voting system memory cards. The 2007 amendment, effective July 1, 2007, provided for clearing the votes recorded on memory cards; requires the county clerk to keep locked memory cards where a recount, judicial inquiry or inspection is sought; and deleted the provision that required the county clerk to obtain an order from the district court to use a voting machine before the expiration of the thirty-day period after adjournment of the canvassing board. Am. Jur. 2d, A.L.R. and C.J.S. references. — 29 C.J.S. Elections § 234.
NM Stat § 1-13-22 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-22 - Post-election duties; responsibility for voting machines.

After the election, the county clerk shall have custody of the voting machines. The county clerk shall furnish all necessary protection to see that the transported and stored voting machines are not tampered with or damaged. The county clerk shall take the proper action to see that the voting machines are not tampered with or damaged during the time the machines are at the polling places. History: 1953 Comp., § 3-13-23, enacted by Laws 1969, ch. 240, § 325; 1971, ch. 317, § 22; 1977, ch. 222, § 81; 1991, ch. 106, § 11. ANNOTATIONSCross references. — For custody of voting machines, see 1-9-12 NMSA 1978. The 1991 amendment, effective April 2, 1991, rewrote the first sentence which read "After the election, the county clerk shall see that the voting machines are turned back to the custody of the board of county commissioners" and substituted "county clerk" for "board of county commissioners" in the second sentence.
NM Stat § 1-13-23 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-23 - Post-election duties; records.

A. The returns and certificates of the result of the county canvass are public documents, subject to inspection and retention as provided by Section 1-12-69 NMSA 1978. The certificate of results of the canvass of the election shall, forty-five days after the election or recount after any contest has been settled by the court, be preserved as a permanent record in the state records center. A copy of the certificate of results of the canvass of the election shall be preserved as a permanent record in the office of the county clerk in a separate book maintained for recording the results of elections.B. The returns and certificates of the result of the state canvass are public documents, subject to inspection and retention as provided by Section 1-12-69 NMSA 1978. The certificate of results of the canvass of the election shall, forty-five days after the election or recount after any contest has been settled by the court, be preserved as a permanent record in the state records center. A copy of the certificate of results of the canvass of the election shall be preserved as a permanent record in the office of the secretary of state in a separate book maintained for recording the results of elections.History: 1978 Comp., § 1-22-17, enacted by Laws 1985, ch. 168, § 19; 1987, ch. 249, § 50; repealed and reenacted by Laws 2018, ch. 79, § 30; recompiled and amended as § 1-13-23 by Laws 2019, ch. 212, § 127.ANNOTATIONSRecompilations. — Laws 2019, ch. 212, § 127 recompiled and amended former 1-22-17 NMSA 1978 as 1-13-23 NMSA 1978, effective April 3, 2019. Repeals and reenactments. — Laws 2018, ch. 79, § 30 repealed 1-22-17 NMSA 1978 and enacted a new section effective July 1, 2018.Cross references. — For the state records center, see 14-3-8 NMSA 1978. The 2019 amendment, effective April 3, 2019, provided that the returns and certificates of the result of a state canvass are public documents and subject to inspection and retention; in Subsection A, after "result of the", added "county", and after "canvass", deleted "of a regular or special local election"; and added Subsection B.
NM Stat § 1-13-24 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-24 - Post-election duties; unopposed write-in candidates.

A. In a general election, the proper canvassing board shall not certify the election of an unopposed write-in candidate unless the candidate receives at least the number of write-in votes equal to two percent of the total vote in the state, district or county in which the candidate seeks election that were cast for governor in the last preceding general election in which a governor was elected.B. In a regular local election, the secretary of state shall not issue a certificate of election to an unopposed write-in candidate unless the candidate receives either one hundred votes or the number of write-in votes equal to at least ten percent of the total number of ballots on which the office appears that are cast in the regular local election.C. In a primary election, the proper canvassing board shall not certify the nomination of an unopposed write-in candidate unless the candidate receives at least the number of write-in votes in the primary election as the write-in candidate would need for signatures on a nominating petition pursuant to the requirements set out in Section 1-8-33 NMSA 1978.D. In an election to fill a vacancy in the office of United States representative, the state canvassing board shall not certify the election of an unopposed write-in candidate unless the candidate receives at least the number of write-in votes equal to two percent of the total vote in the congressional district in which the candidate seeks election that were cast for governor in the last preceding general election in which a governor was elected. History: Laws 2019, ch. 212, § 128.ANNOTATIONSEmergency clauses. — Laws 2019, ch. 212, § 286 contained an emergency clause and was approved April 3, 2019.
NM Stat § 1-14-2 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-2 - Contest of elections; status of person holding certificate.

In case of a contest of an election, the person holding the certificate of election shall take possession and discharge the duties of the office until the contest is decided. History: 1953 Comp., § 3-14-2, enacted by Laws 1969, ch. 240, § 327. ANNOTATIONSCourt not bound by certificate excluding returns. — Certificate of county canvassing board that contestee had been duly elected did not bind district court when certificate improperly excluded returns from a questioned precinct because unregistered persons supposedly voted and it affirmatively appeared that number of unregistered votes cast was not enough to alter the election result. Miera v. Martinez, 1944-NMSC-005, 48 N.M. 30, 145 P.2d 487 (decided under former law). Person holding certificate takes possession and discharges duties of office. — Election of justices of peace (now magistrates) may be contested before probate judge, and contest must be heard and determined in summary manner; pending such contest, person holding certificate of election takes possession and discharges duties of office. Quintana v. Tompkins, 1853-NMSC-001, 1 N.M. 29, overruled on other grounds, Arellano v. Chacon, 1859-NMSC-002, 1 N.M. 269, (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of one holding certificate of election to take office as against incumbent whose term has expired, notwithstanding election contest, 81 A.L.R. 620.
NM Stat § 1-14-4 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-4 - Contest of election; judgment; effect; costs.

Judgment shall be rendered in favor of the party for whom a majority of the legal votes shall be proven to have been cast, and shall be to the effect that he is entitled to the office in controversy with all the privileges, powers and emoluments belonging thereto and for his costs. If the contestant prevails he shall have judgment placing him in possession of the contested office and for the emoluments thereof from the beginning of the term for which he was elected and for his costs. History: 1953 Comp., § 3-14-12, enacted by Laws 1969, ch. 240, § 337. ANNOTATIONSCross references. — For cost of recount proceedings, see 1-14-15 NMSA 1978. Purpose. — This section was intended to place the successful contestant of a general election into the office to which he is entitled. In the words of the statute, there is no "office in controversy" when the results of a primary are contested. It is the legal entitlement to the certificate of nomination which is in controversy. Eturriaga v. Valdez, 1963-NMSC-123, 109 N.M. 205, 784 P.2d 24. A primary election contest becomes moot, as a general rule, if not finally determined prior to the balloting in the general election. Eturriaga v. Valdez, 1963-NMSC-123, 109 N.M. 205, 784 P.2d 24. Advanced and paid costs may be adjudged. — The costs advanced and paid by the contestant are the only costs which may be adjudged against the contestee. Montoya v. McManus, 1961-NMSC-060, 68 N.M. 381, 362 P.2d 771. Judgment on pleadings when no answer filed. — District court properly rendered a judgment on the pleadings when contestee in election contest did not file and serve answer to notice of contest within 20 days from service of notice as required by former statute. Ostic v. Stephens, 1951-NMSC-063, 55 N.M. 497, 236 P.2d 727. May recover salary by judgment. — By judgment placing successful contestant in possession of the office, he may also recover from the ousted official the salary which has been paid to him. 1931 Op. Att'y Gen. No. 31-109 (decided under 1929 Comp. § 41-611). Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 453, 459. Attorney's fees to successful party in election contest, validity of statute allowing, 11 A.L.R. 884, 90 A.L.R. 530. Costs or reimbursement for expenses incident to election contest or recount, 106 A.L.R. 928. 29 C.J.S. Elections §§ 302 to 307, 319.
NM Stat § 1-14-5 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-5 - Contest of election; appeal.

An appeal shall lie from any judgment or decree entered in the contest proceeding to the supreme court of New Mexico within the time and in the manner provided by law for civil appeals from the district court. History: 1953 Comp., § 3-14-13, enacted by Laws 1969, ch. 240, § 338. ANNOTATIONSCross references. — For appeals to the supreme court, see 39-3-2 NMSA 1978. County official recall elections. — The Election Code does not expressly cover an appeal of a decision concerning a county official recall election filed before the election occurred, because is was not, when filed, a contest of an election. Sparks v. Graves, 2006-NMCA-030, 139 N.M. 143, 130 P.3d 204. Constitutional power of superintending control used where appeal inadequate. — Since the right to vote of large segments of the population would remain undetermined unless a case is at least allowed to proceed beyond its present initial stage, as distinguished from the ordinary election contest, involving more appealable issues, the power of superintending control, described in N.M. Const., art. VI, § 3, may be exercised. In cases (1) where the remedy by appeal seems wholly inadequate, and (2) where the use of the power is necessary to prevent irreparable mischief, great, extraordinary or exceptional hardship, costly delays and unusual burdens of expense, it may be exercised. Montoya v. McManus, 1961-NMSC-060, 68 N.M. 381, 362 P.2d 771. Election contest judgments reviewable under appeal, not writ of error. — Judgments in election contest cases could be reviewed in supreme court only under statute authorizing appeal, and writs of error did not lie to review such judgments under Laws 1917, ch. 43, §§ 1, 2, 4 (39-3-2, 39-3-15 and 39-3-5 NMSA 1978). Hannett v. Mowrer, 1927-NMSC-018, 32 N.M. 231, 255 P. 636. Appeal deemed inadequate remedy in prohibition proceeding. — Prohibition proceeding to prevent district court's entertaining contest proceeding for office of district attorney was not denied on ground that there was adequate remedy by appeal, such remedy being deemed inadequate. Crist v. Abbott, 1917-NMSC-009, 22 N.M. 417, 163 P. 1085. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 454 et seq. 29 C.J.S. Elections §§ 308 to 318.
NM Stat § 1-14-6 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-6 - Contest of election; preservation of ballots.

Either the contestant or contestee, within the time provided by the Election Code for the preservation of ballots, may give written notice with delivery confirmation to the county clerk of those counties wherein the contestant or contestee wishes the ballots preserved that a contest is pending in a designated court, and thereupon it is the duty of the county clerk to preserve the ballots of all precincts named in the notice of contest and answer until the contest has been finally determined. History: 1953 Comp., § 3-14-14, enacted by Laws 1969, ch. 240, § 339; 2015, ch. 145, § 72. ANNOTATIONSThe 2015 amendment, effective July 1, 2015, amended the procedures for requesting preservation of ballots when there is contest of election; and after "may give", added "written", after "notice", deleted "by registered mail" and added "with delivery confirmation", and after "counties wherein", deleted "he" and added "the contestant or contestee". Am. Jur. 2d, A.L.R. and C.J.S. references. — Custody of ballots since original count, determination of facts as condition of recount, 71 A.L.R. 435. 29 C.J.S. Elections § 234.
NM Stat § 1-14-7 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-7 - Contest of election; disqualification of trial judge.

Any election contest shall be an action or proceeding within the meaning of Section 38-3-9 NMSA 1978. Any affidavit of disqualification shall be filed on or before the date when the answer is required to be filed to the notice of contest. History: 1953 Comp., § 3-14-15, enacted by Laws 1969, ch. 240, § 340. ANNOTATIONSCross references. — For constitutional grounds for designation of judge by agreement or by chief justice, see N.M. Const., art. VI, § 15. For constitutional grounds for disqualification of judges, see N.M. Const., art. VI, § 18. For change of judge, affidavit of disqualification and selection of judge, see 38-3-9 NMSA 1978. For disqualification of judge and failure to agree on another, see Rule 1-088.1 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges § 207 et seq. Timeliness of affidavit of disqualification of trial judge under 28 USCS § 144, 141 A.L.R. Fed. 271. 48 C.J.S. Judges § 94.
NM Stat § 1-14-8 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-8 - Impounding ballots; ballots defined.

As used in Sections 1-14-9 through 1-14-12 NMSA 1978, "ballots" includes tally sheets, registration certificates, paper ballots, absentee ballots, statements of canvass, absentee ballot applications and absentee ballot registers, but does not include voting machines. History: 1953 Comp., § 3-14-16, enacted by Laws 1971, ch. 249, § 1; 1987, ch. 249, § 44; 1987, ch. 327, § 17; 1991, ch. 105, § 39; 1993, ch. 314, § 57; 1993, ch. 316, § 57. ANNOTATIONSRepeals and reenactments. — Laws 1971, ch. 249, § 1 repealed former 3-14-16, 1953 Comp., relating to contest of election, impounding ballots, and enacted a new 3-14-16, 1953 Comp. 1993 amendments. — Identical amendments to this section were enacted by Laws 1993, ch. 314, § 57 and Laws 1993, ch. 316, § 57, both effective June 18, 1993 which substituted "certificates" for "affidavits" and made a minor stylistic change. The section was set out as amended by Laws 1993, ch. 316, § 57. See 12-1-8 NMSA 1978. The 1991 amendment, effective April 2, 1991, substituted "include tally sheets" for "includes poll books, tally books, affidavits for assistance".
NM Stat § 1-14-9 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-9 - Impounding ballots; application for court order; deposit required.

Any candidate in an election may petition the district court for an order impounding ballots in one or more precincts within which he is a candidate. The action shall be brought in the district court for the county in which the precincts are located. The petition shall state what specific items of ballots are requested to be impounded. Upon receipt of the petition, along with a cash deposit of twenty-five dollars ($25.00) per precinct, the court shall issue an order of impoundment. History: 1953 Comp., § 3-14-16.1, enacted by Laws 1971, ch. 249, § 2.
NM Stat § 1-14-10 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-10 - Order of impoundment; contents.

The court order of impoundment shall specify the items of ballots to be impounded and shall direct the state police to: A. take immediate physical custody of any items ordered impounded and not in use in the precinct in the conduct of the election; B. take legal custody of items ordered impounded and being used in the conduct of the election by assigning an officer to be physically present in the precinct polling place until the polling place is closed and the results in the precinct have been tallied and certified as required by the Election Code [Chapter 1 NMSA 1978]; C. take physical custody of items ordered impounded and being used in the conduct of the election as soon as the polling place is closed and the results in the precinct have been tallied and certified as required by the Election Code; and D. deliver all items ordered impounded and taken into physical custody to the district court clerk of the court entering the order for safekeeping subject to further orders of the court. History: 1953 Comp., § 3-14-16.2, enacted by Laws 1971, ch. 249, § 3. ANNOTATIONSCross references. — For use of state police in conduct of election, see 1-12-5 NMSA 1978. For closing of polls, see 1-12-26 NMSA 1978. For counting and tallying, see 1-12-29 NMSA 1978.
NM Stat § 1-14-11 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-11 - Impoundment; subsequent orders; access; termination of order.

A. The party petitioning the court for the original order of impoundment may by motion to the court request an order allowing the party or his attorney access to and inspection of any items impounded. The court shall enter its order allowing access and inspection under conditions set by the court that will assure adequate safeguarding of the impounded items. The order shall, if requested by the petitioner, allow for the copying or reproduction of any items by and at the expense of the petitioner. B. Ten days from the date of the original order of impoundment or, if an order granting access and inspection has been entered, ten days after that order, the order of impoundment shall automatically terminate unless the court extends the time for good cause shown. The court shall in all cases order the impoundment of ballots terminated no later than thirty days after the entry of the original order of impoundment. C. Upon the termination of an impoundment of ballots the items impounded shall be delivered by the district court clerk to the person that would have been entitled to the possession of the items under the Election Code [Chapter 1 NMSA 1978] if there had been no impoundment. History: 1953 Comp., § 3-14-16.3, enacted by Laws 1971, ch. 249, § 4.
NM Stat § 1-14-12 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-12 - Disposition of deposit in impoundment proceedings.

If the petitioner shall successfully prosecute an election content [contest] or recount proceeding that results in a change in his favor the court shall refund to him the deposit required under Section 1-14-9 NMSA 1978 less any amount expended for guarding and preserving the impounded ballots. In all other cases there shall be no refund. Any amounts not refunded shall be transmitted to the state treasurer for credit to the state general fund. History: 1953 Comp., § 3-14-16.4, enacted by Laws 1971, ch. 249, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.