reglab/housing_qa huggingface dataset:
NM Stat § 1-13-2 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-2 - Post-election duties; missing returns.

A. If at the time the county canvassing board meets it appears that a precinct board [election board] has not delivered the election returns to the county clerk, the county canvassing board shall immediately issue a summons to bring before it the delinquent precinct board [election board] together with the missing election returns. The summons shall be served by the sheriff, without cost to the county, and the members of the precinct board [election board] shall not be paid for their service on election day. B. If within ten days after the date of the election the secretary of state has not received the election returns of any precinct, the secretary of state may send a special messenger to the county and precinct to secure and convey the missing returns to the secretary of state. History: 1953 Comp., § 3-13-2, enacted by Laws 1969, ch. 240, § 304; 1977, ch. 222, § 73. 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 returns defined, see 1-1-8 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 29 C.J.S. Elections §§ 229, 232.
NM Stat § 1-13-3 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-3 - Repealed.

History: 1953 Comp., § 3-13-3, enacted by Laws 1969, ch. 240, § 305; repealed by Laws 2019, ch. 212, § 284. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284 repealed 1-13-3 NMSA 1978, as enacted by Laws 1969, ch. 240, § 305, relating to post-election duties, county canvass, commencement, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 1-13-5 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-5 - Post-election duties; county canvass; defective returns; correction.

A. The county canvassing board shall immediately issue a summons directed to the precinct board [election board], commanding them to forthwith appear and make the necessary corrections or supply omissions if: (1) it appears on the face of the election returns that any certificate has not been properly executed; (2) it appears that there is a discrepancy within the election returns; (3) it appears that there is a discrepancy between the number of votes set forth in the certificate for any candidate and the number of electors voting as shown by the election returns; or (4) it appears that there is any omission, informality, ambiguity, error or uncertainty on the face of the returns. B. The summons shall be served by the sheriff as in the manner of civil cases, and for each service the sheriff shall be allowed the same mileage as is paid in civil cases. The mileage shall be paid by each member of the precinct board [election board] served. C. After issuing the necessary summonses, the county canvassing board shall proceed with the canvass of all correct election returns. History: 1953 Comp., § 3-13-5, enacted by Laws 1969, ch. 240, § 307; 1977, ch. 222, § 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.Cross references. — For mileage allowed sheriff for service of process, see 4-41-19 to 4-41-22 NMSA 1978. For service of summons, see Rule 1-004 NMRA. County canvassing board may not examine actual ballots. — The county canvassing board is limited to examining only the "election returns." This does not include the actual ballots. Weldon v. Sanders, 1982-NMSC-136, 99 N.M. 160, 655 P.2d 1004. Canvassing board may not correct errors. — The duty of the county canvassing board is limited to finding errors, not correcting them. If an error is found, the precinct board and the secretary of state must be notified. Weldon v. Sanders, 1982-NMSC-136, 99 N.M. 160, 655 P.2d 1004. When trial court may disregard county canvasses. — If county canvasses are conducted in contravention of the Election Code, the trial court is correct in disregarding the county canvasses and relying on the precinct returns. Weldon v. Sanders, 1982-NMSC-136, 99 N.M. 160, 655 P.2d 1004. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 396. Power of election officers to withdraw or change their returns, 168 A.L.R. 855. Power to enjoin canvassing votes and declaring result of election, 1 A.L.R.2d 588. 29 C.J.S. Elections § 237(1).
NM Stat § 1-13-6 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-6 - Post-election duties; county canvass; defective returns; notification of secretary of state.

If the county canvassing board discovers any defective returns and issues a summons for the precinct board [election board], it shall immediately notify the secretary of state both orally and in writing that the returns from the specified precinct are defective. The secretary of state shall immediately transmit to the county canvassing board the defective returns from the precinct specified, after first making a photocopy of each of the covers and pages of the returns. The photocopy shall be kept on file for inspection as are the original returns. History: 1953 Comp., § 3-13-6, enacted by Laws 1969, ch. 240, § 308. 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.Duty of board limited to finding errors. — The duty of the county canvassing board is limited to finding errors, not correcting them. If an error is found, the precinct board and the secretary of state must be notified. Weldon v. Sanders, 1982-NMSC-136, 99 N.M. 160, 655 P.2d 1004. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 398. 29 C.J.S. Elections § 238.
NM Stat § 1-13-7 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-7 - Post-election duties; county canvass; when recheck is required.

A. If it appears that the defective returns cannot be corrected without a recheck of the voting machines, the county canvassing board shall immediately notify the district court in writing. B. The district court shall fix a time and place which shall be not more than one week after receipt of notice from the county canvassing board for a recheck of the machines from the precinct. C. The county clerk shall immediately notify the county chairmen of the political parties who participated in the election of the time and place of the recheck. D. At the time and place set by the district court the recheck shall be conducted as provided in Section 1-13-9 NMSA 1978. E. After the recheck, the election returns shall be corrected in duplicate to conform to the facts. F. After being properly corrected, the election returns shall be disposed of as in the first instance: one each to the county clerk and one each to the secretary of state. History: 1953 Comp., § 3-13-7.1, enacted by Laws 1977, ch. 222, § 76. ANNOTATIONSCross references. — For application for recount, see 1-14-14 NMSA 1978. For recounts, see 1-14-14 to 1-14-21 NMSA 1978. Compiler's notes. — Several of the following notes are from cases decided under former Election Code provisions. Court to correct election official's error in counting ballot. — The supreme court can correct any error of law appearing on the face of a ballot which has been made by election officials in counting a ballot for a candidate which is not a vote for that candidate. Turner v. Judah, 1955-NMSC-058, 59 N.M. 470, 286 P.2d 317. Court to decline jurisdiction when number of unregistered votes cannot affect result. — District court should decline jurisdiction, leaving vote of a contested precinct to be included in official county canvass, when total number of unregistered votes cast cannot possibly affect the result. Miera v. Martinez, 1944-NMSC-005, 48 N.M. 30, 145 P.2d 487. Applicability to primary elections. — Former provision dealing with recount upon finding that ballots were cast by unregistered persons was applicable to primary elections. Reese v. Dempsey, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 389, 391, 399. 29 C.J.S. Elections §§ 237(3), 239.
NM Stat § 1-13-8 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-8 - Post-election duties; county canvass; search for missing returns.

If it is necessary to open a ballot box on election night to ascertain if missing election returns are enclosed in the ballot box, the ballot box shall be opened by the county clerk and the district judge, or someone designated by the district judge. In the presence of the district judge or the designated representative of the district judge, the county clerk may remove the missing returns necessary to canvass the election. When such omission or negligence of the precinct board [election board] causes an additional expense to be incurred, no compensation shall be paid to the precinct board [election board] for its services on election day. History: 1953 Comp., § 3-13-8, enacted by Laws 1969, ch. 240, § 310; 1977, ch. 222, § 77; 2011, ch. 137, § 101. 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 2011 amendment, effective July 1, 2011, made this section applicable only to opening the ballot box on election night; eliminated the county canvassing board from the list of persons who must be present when the ballot box is opened; and permitted the county clerk to remove missing ballots from the ballot box only in the presence of the district judge or the district judge's designated representative.
NM Stat § 1-13-9 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-9 - Post-election duties; county canvass; voting machine recheck.

A. During the official canvass of an election, the county canvassing board, upon written request of any candidate in the election or upon receipt of a written petition of twenty-five voters of the county, shall make, in the presence of the district judge, a recheck and comparison of the results shown on the official returns being canvassed with the results appearing on the alphanumeric printout of the contest, candidates and vote totals of each voting machine used in the election. B. The necessary corrections, if any, shall be made on the returns, and the results of the election, as shown by the recheck and comparison, shall be declared. History: 1953 Comp., § 3-13-10, enacted by Laws 1969, ch. 240, § 312; 1977, ch. 222, § 78; 2015, ch. 145, § 68. ANNOTATIONSCross references. — For recounts and rechecks, see 1-14-14 to 1-14-21 NMSA 1978. For unlawful opening of voting machine, see 1-20-5 NMSA 1978. The 2015 amendment, effective July 1, 2015, amended the procedures for a voting machine recheck upon written request for a recheck; in Subsection A, after "the results appearing", deleted "and registered", after "on the", deleted "counter dials" and added "alphanumeric printout of the contest, candidates and vote totals"; deleted Subsection B and redesignated the succeeding subsection accordingly. District judge serves as aid to canvassing board in canvass of election returns. Reese v. Dempsey, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections § 180; 26 Am. Jur. 2d Elections § 396. Treatment of excess or illegal ballots when it is not known for which candidate or on which side of a proposition they were cast, 155 A.L.R. 677. 29 C.J.S. Elections §§ 38, 237(1), 237(3).
NM Stat § 1-13-10 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-10 - Post-election duties; voting machine recheck; cost.

A. Before any recheck and comparison of returns and voting machines is made pursuant to Section 1-13-10 NMSA 1978, the candidate making the request, or the petitioners, shall deposit a sum of money or a surety bond made in favor of the county to defray the cost of the recheck. The deposit or the surety bond shall be in the amount of ten dollars ($10.00) for each machine to be rechecked. B. If the recheck alters the winner of the election, the deposit or surety bond shall be returned and the cost of the recheck shall be paid by the county. If the recheck does not alter the winner of the election, the deposit or surety bond shall be forfeited and the money from the deposit or bond shall be placed in the county general fund. History: 1953 Comp., § 3-13-11, enacted by Laws 1969, ch. 240, § 313; 1973, ch. 4, § 6. ANNOTATIONSCross references. — For cost of recount proceedings, see 1-14-15 NMSA 1978.
NM Stat § 1-13-11 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-11 - Post-election duties; tie vote.

In the event of a tie vote between any candidates in the election for the same office, the determination as to which of the candidates shall be declared to have been nominated or elected shall be decided by lot. The method of determining by lot shall be agreed upon by a majority of a committee consisting of the tied candidates, the county chairmen of the political parties that participated in the election and the district judge. The county canvassing board shall issue the certificate of nomination or election to the candidate chosen by lot. History: 1953 Comp., § 3-13-12, enacted by Laws 1969, ch. 240, § 314. ANNOTATIONSCross references. — For constitutional provision as to tie vote, see N.M. Const., art. V, § 2. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 411, 429. 29 C.J.S. Elections § 244.
NM Stat § 1-13-14 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-14 - Post-election duties; opening the ballot box.

Once the ballot box has been locked by the precinct board [election board] after its first count and tally, no person shall open the ballot box or remove its contents except by court order or as otherwise provided by the Election Code. History: 1953 Comp., § 3-13-15, enacted by Laws 1969, ch. 240, § 317; 2015, ch. 145, § 70. 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 unlawful opening of ballot box, see 1-20-4 NMSA 1978. The 2015 amendment, effective July 1, 2015, required a court order to open a ballot box once the ballot box has been locked by the precinct board after its first count and tally; and after "contents except", deleted "as" and added "by court order or as otherwise". Am. Jur. 2d, A.L.R. and C.J.S. references. — 29 C.J.S. Elections § 226.
NM Stat § 1-13-15 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-15 - Post-election duties; statewide election; state canvass.

A. The state canvassing board shall meet in the state capitol on the third Tuesday after each statewide election and proceed to approve the report of the canvass and declare the results of the election or nomination of each candidate voted upon by the entire state and by the voters of more than one county. B. The state canvassing board shall also meet in the state capitol on the third Tuesday after each statewide election or special state election to approve the report of the canvass and declare the result of the vote on any constitutional amendment or any ballot question voted upon by the voters of more than one county. C. Upon the completion of the state canvass, the secretary of state shall notify each county clerk of that fact.History: 1953 Comp., § 3-13-16, enacted by Laws 1969, ch. 240, § 318; 1977, ch. 222, § 79; 2019, ch. 212, § 124.ANNOTATIONSCross references. — For membership and duties of the state canvassing board, see N.M. Const., art. V, § 2. For canvassing returns for officers elected by more than one county, see N.M. Const., art. XX, § 7.The 2019 amendment, effective April 3, 2019, limited the section's application to statewide elections, and required the state canvassing board to meet after each statewide election or special state election to approve the report of the canvass; in the section heading, added "statewide election"; in Subsection A, after "each", added "statewide", and after "proceed to", added "approve the report of the"; and in Subsection B, after "shall also", added "meet in the state capitol on the third Tuesday after each statewide election or special state election to approve the report of the". Enforcement not duty of board. — Enforcement of mandate against voting by unregistered persons and counting of ballots of such persons was not the duty of state canvassing board. Chavez v. Hockenhull, 1934-NMSC-093, 39 N.M. 79, 39 P.2d 1027 (decided under former law). Applicability to land grant board of trustees. — Provisions relating to state canvassing board did not apply to election for board of trustees of land grant. Montoya v. Gurule, 1934-NMSC-092, 39 N.M. 42, 38 P.2d 1118 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 392 et seq. 29 C.J.S. Elections §§ 235 to 240.
NM Stat § 1-13-17 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-17 - Post-election duties; nature of documents.

The returns and certificates sent to the secretary of state are public documents, subject to inspection during customary office hours by candidates and by the chairman of the state central committee of each political party or his accredited representative, and may be copied upon request of a candidate or state chairman. History: 1953 Comp., § 3-13-18, enacted by Laws 1969, ch. 240, § 320. ANNOTATIONSOfficial canvass record used to determine number of signatures required. — In determining the number of signatures required under Laws 1963, ch. 317, § 7 (now repealed) to be contained in a petition for nomination the official canvass is to be the record that is used. 1964 Op. Att'y Gen. No. 64-35 (opinion rendered under former law).
NM Stat § 1-13-18 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-18 - Post-election duties; state canvass; corrections.

The state canvassing board shall carefully examine all election returns and certificates issued by the county canvassing boards. If any discrepancy, omission or error appears on their face, the state canvassing board shall immediately forward such returns or certificate to the district court in which the precinct or county canvassing board is situated. The district judge upon receipt of such returns or certificate shall issue a summons to the responsible precinct board [election board] or county canvassing board, directing them to appear forthwith before him to complete or correct such returns or certificate. History: 1953 Comp., § 3-13-19, enacted by Laws 1969, ch. 240, § 321. 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.Tally sheets and pollbooks considered "face of the returns". — For purpose of discovering any "discrepancy, omission, or error," and securing correction thereof in conformity with former statutes, not only certificate but also tally sheets and pollbooks were to be considered as constituting the "face of the returns" to be transmitted to secretary of state. Chavez v. Hockenhull, 1934-NMSC-093, 39 N.M. 79, 39 P.2d 1027 (decided under former law).
NM Stat § 1-13-19 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-19 - Post-election duties; proceedings for contempt.

Failure of any person to obey any summons required to be issued by, or issued pursuant to, the Election Code [Chapter 1 NMSA 1978] is contempt and is punishable as provided by law. History: 1953 Comp., § 3-13-20, enacted by Laws 1969, ch. 240, § 322. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Inability to comply with judgment or order as defense to charge of contempt, 22 A.L.R. 1256, 31 A.L.R. 649, 40 A.L.R. 546, 76 A.L.R. 390, 120 A.L.R. 703. Mandamus, contempt for disobedience of, 30 A.L.R. 148. Contempt, degree of proof necessary in proceeding based on, 49 A.L.R. 975. Punishment of election officers for contempt, 64 A.L.R. 1019. Right to punish for contempt for failure to obey court order or decree either beyond power or jurisdiction of court or merely erroneous, 12 A.L.R.2d 1059.
NM Stat § 1-13-20 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 13 - Post-Election Duties|Section 1-13-20 - Post-election duties; expense of corrections.

The expense of any proceeding to complete or correct any returns or certificate shall be paid from the county general fund upon voucher signed by the county clerk. History: 1953 Comp., § 3-13-21, enacted by Laws 1969, ch. 240, § 323; 1973, ch. 4, § 7. ANNOTATIONSCross references. — For cost of recount proceedings, see 1-14-15 NMSA 1978.