reglab/housing_qa huggingface dataset:
NM Stat § 1-14-13 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-13 - Post-election duties; proof that no corruption occurred; rejection of ballots.

A. In any election contest a prima facie showing that the precinct board [election board] of any precinct has failed to substantially comply with the provisions of the Election Code [Chapter 1 NMSA 1978] that protect the secrecy and sanctity of the ballot and prescribe duties of the precinct board [election board] during the conduct of election, shall cast upon the candidates of the political party having majority representation on the precinct board [election board] the burden of proving that no fraud, intimidation, coercion or undue influence was exerted by such members of the precinct board [election board], and that the secrecy and purity of the ballot was safeguarded and no intentional evasion of the substantial requirements of the law was made. B. Upon failure to make such a showing upon which the court shall so find, the votes of that entire precinct shall be rejected; provided, that no such rejection shall be made where it appears to the court that the members of the precinct board [election board] ignored the requirements of the Election Code with the probable interest of procuring the rejection of the entire vote in the precinct. History: 1953 Comp., § 3-14-17, enacted by Laws 1969, ch. 240, § 342. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.Cross references. — For constitutional provision as to securing the secrecy of the ballot and purity of election, see N.M. Const., art. VII, § 1. Ballot errors by county clerks. — Although the statute applied to precinct boards, where the county clerk omitted a candidate's name from the ballot, and there was no fraud, the court drew an analogy from this section to order the entire vote of the affected precinct rejected. Gunaji v. Macias, 2001-NMSC-028, 130 N.M. 734, 31 P.3d 1008. Constitutional amendment election. — There are no lawful grounds for a recount in New Mexico of a constitutional amendment election. 2004 Op. Att'y Gen. No. 04-01. Law reviews. — For note, "Why Gunaji v. Macias Matters to Candidates and Voters: Its Impact on New Mexico Election Law", see 33 N.M.L. Rev. 431 (2003). Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 328, 417. 29 C.J.S. Elections §§ 201(2), 249.
NM Stat § 1-14-13.1 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-13.1 - Repealed.

History: Laws 2005, ch. 270, § 75; repealed by Laws 2009, ch. 233, § 3.ANNOTATIONSRepeals. — Laws 2009, ch. 233, § 3 repealed 1-14-13.1 NMSA 1978, as enacted by Laws 2005, ch. 270, § 75, relating to post-election duties, random voting system checks and recounts, effective June 19, 2009. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com.
NM Stat § 1-14-13.3 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-13.3 - General election audit.

The secretary of state shall issue rules for the conduct and procedures of the post-election voting system check, set minimum qualifications for auditors eligible for selection to conduct post-election evaluations of the accuracy of voting systems and approve the contract terms for auditors. The state auditor shall review the rules, qualification standards and contract terms to ensure they meet audit standards. History: Laws 2009, ch. 233, § 2. ANNOTATIONSEffective dates. — Laws 2009, ch. 233 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
NM Stat § 1-14-17 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-17 - Repealed.

History: 1953 Comp., § 3-14-21, enacted by Laws 1969, ch. 240, § 346; 1977, ch. 222, § 85; repealed by Laws 2008, ch. 41, § 5.ANNOTATIONSRepeals. — Laws 2008, ch. 41, § 5 repealed 1-14-17 NMSA 1978, as enacted by Laws 1969, ch. 240, § 346, relating to recount and recheck proceedings, effective May 14, 2008. For provisions of former section, see the 2007 NMSA 1978 on NMOneSource.com.
NM Stat § 1-14-18 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-18 - Recount; recheck; recanvass by canvassing boards.

A. Immediately upon receipt of the certificate of recount or recheck from all the recount precinct boards [election boards] making a recount or recheck, the proper canvassing board shall meet and recanvass the returns for the office in question. B. In making the recanvass, the proper canvassing board shall be bound by the certificates of recount or recheck from the recount precinct boards [election boards] instead of the original returns from the precinct boards [election boards]. C. After the recanvass, if it appears that fraud or error has been committed sufficient to change the winner of the election, then the proper canvassing board shall revoke the certificate of nomination or election already issued to any person for that office and shall issue a certificate of nomination or election in favor of the person receiving a plurality of the votes cast at the election as shown by the recount or recheck, and such certificate shall supersede all others and entitle the holder to the same rights and privileges as if such certificate had been originally issued by the canvassing board. History: 1953 Comp., § 3-14-22, enacted by Laws 1969, ch. 240, § 347; 1977, ch. 222, § 86; 2008, ch. 41, § 4; 2015, ch. 145, § 75. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.The 2015 amendment, effective July 1, 2015, substituted absent voter precinct board with recount precinct board; in Subsection A, after "recheck from all the", deleted "absent voter" and added "recount"; and in Subsection B, after "recheck from the", deleted "absent voter" and added "recount". The 2008 amendment, effective May 14, 2008, changed "precinct boards" to "absent voter precinct boards". Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 399. Statutory provisions relating to form or manner in which election returns from voting districts or precincts are to be made, 106 A.L.R. 398. 29 C.J.S. Elections § 239.
NM Stat § 1-14-19 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-19 - Recount; recheck; candidate for district judge.

If a recount or recheck is demanded on the election of a district judge and the judge of the district was a candidate for partisan office at the election, the chief justice of the supreme court shall designate a district judge who shall act in such proceedings. History: 1953 Comp., § 3-14-23, enacted by Laws 1969, ch. 240, § 348; 1977, ch. 222, § 87; 2015, ch. 145, § 76. ANNOTATIONSThe 2015 amendment, effective July 1, 2015, clarified that the provision applies to a candidate for a partisan office; and after "candidate", added "for partisan office".
NM Stat § 1-14-20 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-20 - Recounts; rechecks; appointment of a special master.

If the judge of the district court for the county, or any judge designated in his place, cannot be present at any recount or recheck on the day set, he shall appoint a member of the bar to act for him. History: 1953 Comp., § 3-14-24, enacted by Laws 1969, ch. 240, § 349; 1977, ch. 222, § 88.
NM Stat § 1-14-21 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-21 - Recounts; rechecks; mandamus.

If the state canvassing board, the county canvassing board, secretary of state, county clerk or any member of a precinct board [election board] fails or refuses to do or perform any of the acts required of them pertaining to recounts or rechecks, the applicant for recount or recheck may apply to any district court, the court of appeals or the supreme court of New Mexico for writ of mandamus to compel the performance of the required act and such court shall entertain such application. History: 1953 Comp., § 3-14-25, enacted by Laws 1969, ch. 240, § 350; 1977, ch. 222, § 89. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.Cross references. — For mandamus to compel canvass, see 1-13-12 NMSA 1978. For writ of mandamus generally, see 44-2-1 NMSA 1978 et seq. Writ properly discharged when necessary persons not made parties. — Presence of both county clerk and district judge was necessary for a lawful recount, and a writ of mandamus to compel recount was properly discharged since neither county clerk nor district judge or his duly appointed representative was a party. Chavez v. Baca, 1943-NMSC-052, 47 N.M. 471, 144 P.2d 175 (decided under former law). Supreme court was without jurisdiction to mandate district judge to certify that recount of ballots was made in his presence, since his status in performance of such duty was not that of a state officer, board, commission or of an inferior court. State ex rel. Scott v. Helmick, 1930-NMSC-103, 35 N.M. 219, 294 P. 316 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 462. Mandamus to put one in office, title to which is in dispute, 84 A.L.R. 1114, 136 A.L.R. 1340. Determination of canvassing board or election official as regards counting or exclusion of ballots as subject of review by mandamus, 107 A.L.R. 618.
NM Stat § 1-14-22 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-22 - Contests and recounts; provisional, absentee and other paper ballots; use of ballot images.

A. The secretary of state shall issue rules governing and allowing procedures for reviewing the qualification of provisional ballot envelopes, absentee and other paper ballots in the case of a contest or recount of election results. All rejected provisional paper ballot envelopes shall be included in any contest or recount of election results, and a review of the qualification of provisional ballot envelopes shall occur in a recount.B. Upon petition by the secretary of state or a county clerk, the district court may permit a review of ballot images in place of paper ballots whenever there are defective or missing returns in an election and when the voting system technology captures an image of each ballot in an election. History: Laws 2005, ch. 270, § 76; 2007, ch. 336, § 19; 2019, ch. 212, § 129.ANNOTATIONSThe 2019 amendment, effective April 3, 2019, authorized the district court to permit, upon petition by the secretary of state, a review of ballot images in place of paper ballots; in the section heading, added "use of ballot images"; and added Subsection B. The 2007 amendment, effective April 2, 2007, eliminated references to recheck.
NM Stat § 1-14-24 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-24 - Automatic recounts; elections for state and federal offices; procedures. (Effective January 1, 2023.)

A. An automatic recount of the vote is required when the canvass of returns indicates that the margin between the two candidates receiving the greatest number of votes for an office, the margin between those supporting and those opposing a ballot question or the margin affecting the outcome of a nonpartisan judicial retention election is less than:(1) one-fourth percent of the total votes cast in that election:(a) for that office in the case of a federal or statewide office;(b) on a ballot question in the case of a state ballot question; or(c) on a nonpartisan judicial retention election in the case of the supreme court or the court of appeals;(2) one-half percent of the total votes cast in that election:(a) for that office in the case of a public education commissioner, district attorney or any office elected countywide in a county with more than one hundred fifty thousand registered voters;(b) on a ballot question in the case of a local ballot question; or (c) on a nonpartisan judicial retention election in the case of a district court or the metropolitan court; or(3) one percent of the total votes cast in that election for that office in the case of any other office. B. For an office for which ballots were cast in more than one county, the secretary of state shall file notice with the state canvassing board upon the completion of the state canvass that an automatic recount is required, and the state canvassing board shall order a recount of the ballots for the specified office. For an office in which ballots were cast solely within one county, the secretary of state shall file notice with the state canvassing board within seven days after receiving notice from the county clerk following the completion of the county canvass that an automatic recount is required, and the state canvassing board shall order a recount of the ballots for the specified office.C. Automatic recounts shall be conducted pursuant to the recount procedures established in Sections 1-14-16 and 1-14-18 through 1-14-23 NMSA 1978.History: Laws 2008, ch. 41, § 1; 2015, ch. 145, § 78; 2019, ch. 212, § 130; 2020, ch. 9, § 9.ANNOTATIONSContingent effective date. — Laws 2020, ch. 9, § 19 amended 1-14-24 NMSA 1978, effective January 1, 2023, contingent upon the adoption of Laws 2019, SJC/SRC/SJR Nos. 1 and 4, Constitutional Amendment 1, at the general election held on November 3, 2020. Constitutional Amendment 1 was adopted by a vote of 445,655 for and 355,471 against.The 2020 amendment, effective January 1, 2023, removed public regulation commissioners from the candidate contests in which automatic recounts apply; in Subsection A, Subparagraph A(2)(a), after "the case of a", deleted "public regulation commissioner".
NM Stat § 1-14-25 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 14 - Contests and Recounts|Section 1-14-25 - Automatic recounts; expenses.

The secretary of state shall reimburse the counties for the costs of conducting an automatic recount with money appropriated to the secretary. In the event that current year appropriations to the secretary of state do not cover the cost of an automatic recount, the secretary may apply to the state board of finance for an emergency grant to cover those costs pursuant to Section 6-1-2 NMSA 1978. History: Laws 2008, ch. 41, § 2. ANNOTATIONSEffective dates. — Laws 2008, ch. 41 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 14, 2008, 90 days after the adjournment of the legislature.
NM Stat § 1-15-1 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms|Section 1-15-1 - Presidential electors; notification of state chairmen.

On or before June 1 of each year in which the president and vice president of the United States are to be elected, the secretary of state shall send written notice to the state chairman of each qualified political party in New Mexico setting forth the method and requirements for nominating and electing presidential electors in this state at the general election. History: 1953 Comp., § 3-15-1, enacted by Laws 1969, ch. 240, § 351. ANNOTATIONSCross references. — For qualified political party, see 1-1-10 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections § 5. Presidential and vice presidential electors, nomination of, 153 A.L.R. 1066. Withdrawal of nomination, power of political party as to, 155 A.L.R. 186. 91 C.J.S. United States § 28.
NM Stat § 1-15-2 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms|Section 1-15-2 - Presidential electors; primary election.

Presidential electors shall not be nominated at the primary election. History: 1953 Comp., § 3-15-2, enacted by Laws 1969, ch. 240, § 352. ANNOTATIONSCross references. — For Primary Election Law not applying to presidential electors, see 1-8-17 NMSA 1978. For Presidential Primary Act, see 1-8-53 to 1-8-63 NMSA 1978.
NM Stat § 1-15-3 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms|Section 1-15-3 - Presidential electors; nomination.

A. Any qualified political party in New Mexico desiring to have candidates for president and vice president on the general election ballot in a presidential election year shall, at a state party convention held in the year of such election, choose from the voters of the party the number of presidential electors required by law and no more. B. The presidential electors shall be nominated by the state convention according to the rules of that party on file with the secretary of state. C. Upon the nomination of presidential electors, the chair and secretary of the convention shall certify the names and addresses of the nominees not less than sixty-three days prior to the election to the secretary of state. The secretary of state shall record the nominees' names in the secretary's office as the presidential elector nominees of that party. History: 1953 Comp., § 3-15-3, enacted by Laws 1969, ch. 240, § 353; 1977, ch. 222, § 90; 1981, ch. 145, § 1; 2017, ch. 101, § 16. ANNOTATIONSCross references. — For party filing rules with the secretary of state, see 1-7-2 to 1-7-5 NMSA 1978. The 2017 amendment, effective June 16, 2017, changed the deadline for certifying the names and address of presidential electors nominated by the state party convention, and made stylistic amendments; and, in Subsection C, after "the nominees not less than", deleted "fifty-six" and added "sixty-three". Indirect election of nominees valid. — Laws 1953, ch. 40 (now repealed), and the provisions of the same are valid, even though it provides for the indirect or proxy elections of unlisted presidential election nominees in presidential general elections in New Mexico. 1954 Op. Att'y Gen. No. 54-5949 (opinion rendered under former law).
NM Stat § 1-15-4 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms|Section 1-15-4 - Presidential electors; election.

A. The names of the presidential elector nominees shall not be placed upon the general election ballot; instead, the secretary of state shall certify to the county clerks the names of persons nominated by each qualified political party for the offices of president and vice president of the United States.B. The names of the nominees for president and vice president for each qualified political party shall be printed together in pairs upon the general election ballot. A vote for any pair of nominees shall be a vote for the presidential electors of the political party by which the nominees were named.C. Except as provided in Subsection D of this section, presidential elector nominees of the party whose nominees for president and vice president receive the highest number of votes at the general election shall be the elected presidential electors for this state, and each shall be granted a certificate of election by the state canvassing board.D. If the Agreement Among the States to Elect the President by National Popular Vote [1-15-4.1 NMSA 1978] is in effect in accordance with Article III, Subsection I of that compact, the state canvassing board shall grant a certificate of election to the presidential elector nominees of the party whose nominees for president and vice president receive the largest national popular vote total in the general election. History: 1953 Comp., § 3-15-4, enacted by Laws 1969, ch. 240, § 354; 2019, ch. 199, § 2. ANNOTATIONSThe 2019 amendment, effective June 14, 2019, provided an exception to the provision that presidential elector nominees of the party whose nominees for president and vice president receive the highest number of votes at the general election shall be the elected presidential electors for this state, and provided that if the Agreement Among the States to Elect the President by National Popular Vote is in effect, the state canvassing board shall grant a certificate of election to the presidential elector nominees of the party whose nominees for president and vice president receive the largest national popular vote total in the general election; in Subsection C, added "Except as provided in Subsection D of this section"; and added Subsection D.Selection of unqualified persons as electors is tantamount to failure to select, which is specifically mentioned in the statute. State ex rel. Chavez v. Evans, 1968-NMSC-167, 79 N.M. 578, 446 P.2d 445 (decided under former law). Indirect election of nominees valid. — Laws 1953, ch. 40 (now repealed), and the provisions of same are valid, even though it provides for the indirect or proxy elections of unlisted presidential election nominees in presidential general elections in New Mexico. 1954 Op. Att'y Gen. No. 54-5949 (opinion rendered under former law).
NM Stat § 1-15-5 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms|Section 1-15-5 - Presidential electors; duties.

Presidential electors for the state shall perform the duties of the presidential electors required by law and the constitution of the United States. History: 1953 Comp., § 3-15-5, enacted by Laws 1969, ch. 240, § 355.
NM Stat § 1-15-6 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms|Section 1-15-6 - Presidential electors; organization.

A. Presidential electors of the state shall meet at 11:00 a.m. in the office of the secretary of state on the day fixed by the laws of the United States for presidential electors to cast their ballots for president and vice president of the United States. B. At such meeting the presidential electors shall organize by choosing a presiding officer and a secretary. C. If the full number of electors required by law are not present at such meeting for any reason, those presidential electors present shall, from a list of names nominated by the state chairman of that party, forthwith choose electors from the voters of that state party. D. The secretary of state shall provide such clerical assistance as needed by the presidential electors in performing their duties. History: 1953 Comp., § 3-15-6, enacted by Laws 1969, ch. 240, § 356; 1977, ch. 222, § 91.
NM Stat § 1-15-7 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms|Section 1-15-7 - Presidential electors; when governor fills vacancy.

In the case of the death or absence of any presidential elector or failure to complete the number of presidential electors by noon of the day fixed by the laws of the United States for presidential electors to cast their ballots, the governor shall fill any vacancy by appointment. In filling the vacancy the governor shall appoint a voter of the state from a list of names nominated by the state chairman of the same political party represented by the presidential elector whose death or absence caused the vacancy. History: 1953 Comp., § 3-15-7, enacted by Laws 1969, ch. 240, § 357.