reglab/housing_qa huggingface dataset:
NM Stat § 1-12-28 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-28 - Conduct of election; election certificate.

Immediately upon the closing of the polls, the precinct board [election board] shall complete and sign a certificate which shall state: "We certify the __________ election complete with the voting of voting machine number __________ by voter number __________ on the signature roster." History: 1953 Comp., § 3-12-47, enacted by Laws 1969, ch. 240, § 283; 1981, ch. 149, § 5; 1987, ch. 249, § 35. 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.Signing certificates deemed taking oath. — When an election official signs the certificates required by this section such official is deemed to have taken the oath that he will and has faithfully discharged the duties of his office, and that this is the only oath that is required, namely, the signing of these certificates. 1956 Op. Att'y Gen. No. 56-6525 (opinion rendered under former law).
NM Stat § 1-12-29 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-29 - Conduct of election; counting and tallying; who may be present.

Only the members of the precinct board [election board], candidates or their representatives, representatives of the news media and lawfully appointed challengers and watchers may be present while the votes are being counted and tallied. Only members of the precinct board [election board] shall handle ballots, signature rosters or tally sheets or take part in the counting and tallying. History: 1953 Comp., § 3-12-51, enacted by Laws 1969, ch. 240, § 287; 1987, ch. 249, § 36. 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 challengers being present for counting and tallying, see 1-2-23 NMSA 1978. For watchers being present for counting and tallying, see 1-2-29 NMSA 1978. Giving news media voting results. — Under former law, it was permissible to give the newspapers and radio media the voting results from the precincts or voting divisions at the close of the polls at 7:00 p.m. on election day. 1964 Op. Att'y Gen. No. 64-133. Am. Jur. 2d, A.L.R. and C.J.S. references. — 29 C.J.S. Elections § 225.
NM Stat § 1-12-29.1 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-29.1 - Qualifying provisional, absentee and other paper ballots.

A. The secretary of state shall issue rules to create a uniform process and set of criteria for deciding if provisional, absentee and other paper ballots shall be counted. B. When qualifying provisional, absentee and other paper ballots, middle initials, suffixes and addresses shall not be dispositive as to whether that person's ballot is qualified and counted in the vote totals, provided that the county clerk can otherwise verify the person is a voter based on the information provided on the outer envelope of the paper ballot or affidavit. History: Laws 2005, ch. 270, § 61. ANNOTATIONSEffective dates. — Laws 2005, ch. 270, § 81 made Laws 2005, ch. 270, § 61 effective July 1, 2005.
NM Stat § 1-12-30 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-30 - Conduct of election; disposition of signature roster, checklist of registered voters and machine-printed return reporting unofficial returns.

A. After all certificates have been executed, the presiding judge and the two election judges shall place the checklist of registered voters voting and one copy of the machine-printed returns in the stamped, addressed envelope provided for that purpose and immediately mail it to the secretary of state. B. The signature roster, the machine-printed returns and the removable media storage device shall be returned to the county clerk. The signature roster, the machine-printed returns and the removable media storage device shall not be placed in the ballot box. C. Signature rosters and machine-printed returns in the custody of the county clerk may be destroyed only pursuant to Section 1-12-69 NMSA 1978. D. The county clerk shall report the unofficial total returns for the county to the secretary of state within ten hours after the polls close. History: 1953 Comp., § 3-12-53, enacted by Laws 1969, ch. 240, § 289; 1977, ch. 222, § 40; 1987, ch. 327, § 15; 1991, ch. 105, § 31; 2011, ch. 137, § 95. ANNOTATIONSThe 2011 amendment, effective July 1, 2011, prohibited the placing of removable media storage devices in the ballot box and permitted the destruction of signature rosters and machine-printed returns only pursuant to Section 1-12-69 NMSA 1978. The 1991 amendment, effective April 2, 1991, inserted "and the direct recording electronic cartridge for electronic and marksense machines" in two places in Subsection B and made related stylistic changes.
NM Stat § 1-12-30.1 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-30.1 - Voter lists; signature rosters; disposition after the polls close.

A. After the polls are closed, the signature roster shall be properly certified by the precinct board [election board] and returned to the county clerk with the election returns destined for the county clerk. The precinct voter list marked for the secretary of state shall be returned to the secretary of state with the election returns destined for the secretary of state. B. The signed and certified signature rosters used in any election shall be considered a part of the election returns and treated accordingly. They shall be preserved and finally disposed of in the same manner as provided in the Election Code [Chapter 1 NMSA 1978] and 42 U.S.C. 1974. C. Whoever willfully destroys, defaces, alters without authorization or improperly disposes of signature rosters used in an election is guilty of a fourth degree felony. History: 1953 Comp., § 3-5-12, enacted by Laws 1969, ch. 240, § 113; 1987, ch. 327, § 5; amended and recompiled as 1-12-30.1 NMSA 1978 by Laws 2005, ch. 270, § 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.Recompilations. — Laws 2005, ch. 270, § 73 recompiled former 1-5-11 NMSA 1978 as 1-12-30.1 NMSA 1978 effective July 1, 2005. The 2005 amendment, effective July 1, 2005, in Subsection A, changed "voter list" to "precinct voter list"; in Subsection B, deleted the former provision that the rosters shall be preserved and disposed of in the manner provided in the Election Code for poll books; in Subsection B, provided that the rosters shall be preserved and disposed of in the manner provided in the 42 U.S. C. 1974; and in Subsection C, deleted the former provision that the punishment for willful destruction, defacement, unauthorized alteration or improper disposition of the rosters shall be the same as for similar treatment of poll books, and provided that whoever willfully destroys, defaces, alters without authorization or improperly disposes of rosters is guilty of a fourth degree felony.
NM Stat § 1-12-33 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-33 - Conduct of election; office of county clerk to remain open.

The county clerk or some duly authorized deputy or assistant shall keep the office of the county clerk continuously open for twenty-four hours next after the closing of the polls for any primary, general or statewide special election. The office shall be kept open for the purpose of receiving the ballot boxes, election returns and materials. If all such items have been received from each precinct in the county before the expiration of the twenty-four hour period, the office of the county clerk may be closed except during regular office hours. History: 1953 Comp., § 3-12-57, enacted by Laws 1969, ch. 240, § 293. ANNOTATIONSClerk to keep office open in primary. — The county clerk's office must be kept open continuously for 24 hours after closing of polls in a primary election. 1942 Op. Att'y Gen. No. 42-4154 (opinion rendered under former law).
NM Stat § 1-12-34 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-34 - Conduct of election; copies of election return certificates.

Upon completion of the certificate of returns, the presiding judge shall deliver all returns to the county clerk on election night with the exception of the one legible copy from each voting machine posted on the outside of the entrance door to the polling place. History: 1953 Comp., § 3-12-58, enacted by Laws 1969, ch. 240, § 294; 1991, ch. 105, § 33. ANNOTATIONSThe 1991 amendment, effective April 2, 1991, rewrote this section which read "Upon completion of the certificate of returns, the presiding judge shall deliver upon demand, one copy thereof to a representative of each political party present, bearing the precinct board signatures, the same as on the original. The presiding judge shall also post one signed copy of the certificate in the polling place. Certified copies of the certificate may be taken and used as evidence in all cases the same as the original certificate. The secretary of state shall supply printed forms of such additional certificates." ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 400. 29 C.J.S. Elections § 237(4).
NM Stat § 1-12-35 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-35 - Repealed.

History: 1953 Comp., § 3-12-59, enacted by Laws 1969, ch. 240, § 295; 1981, ch. 149, § 6; repealed by Laws 2011, ch. 137, § 110.ANNOTATIONSRepeals. — Laws 2011, ch. 137, § 110 repealed 1-12-35 NMSA 1978, as enacted by Laws 1969, ch. 240, § 295, relating to closing polls and locking voting machines, effective July 1, 2011. For provisions of former section, see the 2010 NMSA 1978 on NMOneSource.com.
NM Stat § 1-12-36 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-36 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 149, § 10, repealed 1-12-36 NMSA 1978, as enacted by Laws 1973, ch. 358, § 1, relating to the procedure for opening voting machines, effective June 19, 1981.
NM Stat § 1-12-37 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-37 - Conduct of election; voting machines; verification of returns.

Two election officials of different parties shall verify that the counter settings registered on the machine-printed returns are legible. The machine-printed returns shall show the number of votes cast for each candidate and the number of votes cast for and against any constitutional amendment or other question submitted, and the return shall be signed by each member of the precinct board [election board] and two watchers of opposing interest, if there be such. History: 1953 Comp., § 3-12-61.1, enacted by Laws 1973, ch. 358, § 2; 1977, ch. 222, § 43; 1981, ch. 149, § 7; 2011, ch. 137, § 97. 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, eliminated the procedure for canvassing machine-printed returns that are not legible. 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).
NM Stat § 1-12-37.1 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-37.1 - Repealed.

History: Laws 2002, ch. 51, § 1; 2009, ch. 150, § 18; repealed by Laws 2011, ch. 137, § 110.ANNOTATIONSRepeals. — Laws 2011, ch. 137, § 110 repealed 1-12-37.1 NMSA 1978, as enacted by Laws 2002, ch. 51, § 1, relating to remedy for use of incorrect ballots, effective July 1, 2011. For provisions of former section, see the 2010 NMSA 1978 on NMOneSource.com.
NM Stat § 1-12-38 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-38 - Voting machines; printomatic voting machine; admittance of watchers and candidates; proclamation of results.

During the reading of the results of the votes cast, any candidate or watcher who desires to be present shall be admitted to the polling place. The proclamation of the result of the votes cast shall be distinctly announced by the presiding judge, who shall read the name of each candidate and the vote registered on the printed returns. The presiding judge shall also read the vote cast for and against each constitutional amendment or other question submitted. During the proclamation, ample opportunity shall be given to any person lawfully present to compare the result so proclaimed with the printed returns, and any necessary corrections shall then and there be made by the precinct board [election board]. History: 1953 Comp., § 3-12-62.1, enacted by Laws 1973, ch. 358, § 3. 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 permissible and impermissible activities of watchers, see 1-2-29 NMSA 1978.
NM Stat § 1-12-39 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-39 - Conduct of election; voting machine; completion of locking procedures.

Before adjourning, the precinct board [election board] shall complete the locking procedures on the voting machine. History: 1953 Comp., § 3-12-63, enacted by Laws 1969, ch. 240, § 299. 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.
NM Stat § 1-12-40 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-40 - Repealed.

History: 1953 Comp., § 3-12-64, enacted by Laws 1969, ch. 240, § 300; 1973, ch. 358, § 4; 1977, ch. 222, § 44; 1981, ch. 149, § 8; repealed by Laws 2011, ch. 137, § 110.ANNOTATIONSRepeals. — Laws 2011, ch. 137, § 110 repealed 1-12-40 NMSA 1978, as enacted by Laws 1969, ch. 240, § 300, relating to voting machines and duration of locking and sealing, effective July 1, 2011. For provisions of former section, see the 2010 NMSA 1978 on NMOneSource.com.
NM Stat § 1-12-41 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-41 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 153, § 2, repealed 1-12-41 NMSA 1978, as enacted by Laws, 1977, ch. 222, § 45, relating to the clearing of voting machines, effective June 19, 1981.
NM Stat § 1-12-42 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-42 - Conduct of election; employees; time to vote.

A. On election day a voter may absent himself from employment in which he is engaged for two hours for the purpose of voting between the time of opening and the time of closing the polls. The voter shall not be liable to any penalty for such absence; however, the employer may specify the hours during this period in which the voter may be absent. B. The provisions of Subsection A of this section do not apply to an employee whose work day begins more than two hours subsequent to the time of opening the polls, or ends more than three hours prior to the time of closing the polls. C. The provisions of Subsection A of this section apply to elections of Indian nations, tribes or pueblos for a voter who is enrolled as a member of the Indian nation, tribe or pueblo and is qualified to vote in the election. D. A person who refuses the right granted in this section to an employee is guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100). History: 1953 Comp., § 3-12-66, enacted by Laws 1969, ch. 240, § 302; 2001, ch. 106, § 1. ANNOTATIONSThe 2001 amendment, effective June 15, 2001, added present Subsection C; redesignated former Subsection C as Subsection D; and in present Subsection D, deleted "or corporation" preceding "who refuses". Adjustment of working hours allowed. — An employer's adjustment of its customary daily work schedule on election day, so as to release its employees from work more than three hours prior to the closing of the polls, without any wage deduction for the shortened workday, came within the exception provided by Subsection B and did not, therefore, violate Subsection A. State v. Kenneth P. Thompson Co., 1985-NMCA-098, 103 N.M. 453, 708 P.2d 1054. Work day means the normal or usual work day as scheduled by the employer during the course of the year. An employer may not adjust the working hours on election day to bring the working hours of employees within the exemption provision. 1974 Op. Att'y Gen. No. 74-36. Employer not to designate lunch or other period outside normal hours. — The employer may not designate a period in which the employee may absent himself that includes either the employee's normal lunch period or that includes a period either prior or subsequent to his normal working hours. 1974 Op. Att'y Gen. No. 74-36.
NM Stat § 1-12-43 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-43 - Emergency situations.

A. If any electronic vote tabulator becomes disabled while being used to the extent that any voter is unable to cast a vote for all the candidates or questions of the voter's choice and have such vote recorded by the electronic vote tabulator, it shall be repaired, if possible, or another electronic vote tabulator shall be promptly substituted. B. If a disabled electronic vote tabulator cannot be repaired in a reasonable length of time and if there are no other electronic vote tabulators available for substitution, the presiding judge shall order marked ballots to be collected and securely preserved until they may be tabulated pursuant to rules promulgated by the secretary of state. C. A voter shall not be denied the opportunity to mark a ballot for later tabulation due to the lack of a functioning electronic vote tabulator. D. The county clerk shall provide additional ballots if needed and when requested by the precinct board [election board]. History: 1953 Comp., § 3-12-77, enacted by Laws 1977, ch. 222, § 46; 2009, ch. 150, § 19; 2011, ch. 137, § 98. 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 care and custody of voting machines, see 1-9-12 NMSA 1978. The 2011 amendment, effective July 1, 2011, eliminated the requirement that counties appropriate funds for maintaining electronic vote tabulators. The 2009 amendment, effective June 19, 2009, in Subsection A, after "If any", deleted "voting machine" and added "electronic vote tabulator", after "recorded by the", deleted "machine" and added "electronic vote tabulator"; and after "or another", deleted "machine" and added "electronic vote tabulator"; in Subsection B, after "substituting", deleted "voting machines" and added "electronic vote tabulators"; in Subsection C, after "If a disabled", deleted "voting machines" and added "electronic vote tabulators"; after "there are no other", deleted "voting machines" and added "electronic vote tabulator"; after "judge shall order", deleted "emergency paper" and added "marked" and after "ballots to be", deleted "substituted and used" and added the remainder of the sentence; added Subsection D; and in Subsection E, after "provide additional", deleted "emergency paper". Booth necessary for paper ballots. — At least one voting booth should be supplied to take care of the voting that may be necessary for voting by paper ballots at voting machine polling places. 1954 Op. Att'y Gen. No. 54-5920 (opinion rendered under former law).
NM Stat § 1-12-44 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-44 - Recompiled.

History: 1953 Comp., § 3-12-78, enacted by Laws 1977, ch. 222, § 47; 1987, ch. 249, § 39; 1991, ch. 105, § 34; § 1-12-44 NMSA 1978, recompiled as § 1-10-12 NMSA 1978 by Laws 2009, ch. 150, § 10.ANNOTATIONSRecompilations. — Laws 2009, ch. 150, § 10 recompiled former 1-12-44 NMSA 1978, relating to emergency situations, emergency paper ballots and general requirements, as 1-10-12 NMSA 1978, effective June 19, 2009.
NM Stat § 1-12-45 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-45 - Repealed.

History: 1953 Comp., § 3-12-79, enacted by Laws 1977, ch. 222, § 48; 1979, ch. 57, § 2; repealed by Laws 2009, ch. 150, § 37.ANNOTATIONSRepeals. — Laws 2009, ch. 150, § 37 repealed 1-12-45 NMSA 1978, as enacted by Laws 1977, ch. 222, § 48, relating to emergency situations, emergency paper ballots, form for primary, effective June 19, 2009. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com.
NM Stat § 1-12-45.1 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-45.1 - Repealed.

History: 1978 Comp., § 1-12-45.1, enacted by Laws 1991, ch. 105, § 35; repealed by Laws 2009, ch. 150, § 37.ANNOTATIONSRepeals. — Laws 2009, ch. 150, § 37 repealed 1-12-45.1 NMSA 1978, as enacted by Laws 1991, ch. 105, § 35, relating to emergency situations, counties using marksense ballots, effective June 19, 2009. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com.
NM Stat § 1-12-46 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-46 - Repealed.

History: 1953 Comp., § 3-12-80, enacted by Laws 1977, ch. 222, § 49; repealed by Laws 2009, ch. 150, § 37.ANNOTATIONSRepeals. — Laws 2009, ch. 150, § 37 repealed 1-12-46 NMSA 1978, as enacted by Laws 1977, ch. 222, § 49, relating to emergency situations, emergency paper ballots, form for general election, effective June 19, 2009. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com.
NM Stat § 1-12-47 (2021)
2021 New Mexico Statutes|Chapter 1 - Elections|Article 12 - Conduct of Elections|Section 1-12-47 - Recompiled.

History: 1953 Comp., § 3-12-81, enacted by Laws 1977, ch. 222, § 50; recompiled by Laws 2009, ch. 150, § 11.ANNOTATIONSRecompilations. — Laws 2009, ch. 150, § 11 recompiled former 1-12-47 NMSA 1978, relating to emergency situations, emergency paper ballots and write-in candidates, as 1-10-13 NMSA 1978, effective June 19, 2009.