reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-40 - Repealed.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Comp., § 3-12-64, enacted by Laws 1969, ch. 240, § 300; 1973, ch. 358, § 4; 1977, ch. 222, § 44; 1981, ch. 149, § 8; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-12-40 NMSA 1978, as enacted by Laws 1969, ch. 240, § 300, relating to voting machines and duration of locking and sealing, effective July 1, 2011.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
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-41 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 153, § 2, repealed 1-12-41 NMSA 1978, as enacted by Laws, 1977, ch. 222, § 45, relating to the clearing of voting machines, effective June 19, 1981.
2023 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.
ANNOTATIONS
The 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. S
tate 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.
2023 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.
ANNOTATIONS
Bracketed 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).
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-48 - Repealed.

History:
1953 Comp., § 3-12-82, enacted by Laws 1977, ch. 222, § 51; repealed by Laws 2009, ch. 150, § 37.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 150, § 37 repealed 1-12-48 NMSA 1978, as enacted by Laws 1977, ch. 222, § 51, relating to emergency situations, emergency paper ballots and number supplied, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-49 - Recompiled.

History:
1953 Comp., § 3-12-83, enacted by Laws 1977, ch. 222, § 52; recompiled by Laws 2009, ch. 150, § 12.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 150, § 12 recompiled former 1-12-49 NMSA 1978, relating to emergency situations and election supplies, as 1-10-14 NMSA 1978, effective June 9, 2009.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-50 - Repealed.

History:
1953 Comp., § 3-12-84, enacted by Laws 1977, ch. 222, § 53; 1993, ch. 314, § 56; 1993, ch. 316, § 56; repealed by Laws 2009, ch. 150, § 37.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 150, § 37 repealed 1-12-50 NMSA 1978, as enacted by Laws 1977, ch. 222, § 53, relating to emergency situations, emergency paper ballots, one to a voter, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-51 - Paper ballots; unauthorized receipt or delivery of paper ballot.

Except for absentee ballots and unless otherwise provided by law, a voter shall not receive a paper ballot from any person other than from a member of the precinct board [election board] or at an alternate voting location. No person other than a member of the precinct board [election board] or officer authorized by law shall deliver a paper ballot to any voter.
History:
1953 Comp., § 3-12-85, enacted by Laws 1977, ch. 222, § 54; 2009, ch. 150, § 20; 2011, ch. 137, § 99.
ANNOTATIONS
Bracketed 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 restriction that prohibited a voter from receiving a paper ballot from a polling place where the voter is not authorized to vote.
The 2009 amendment,
effective June 19, 2009, at the beginning of the sentence, added "Except for absentee ballots and"; after "shall not receive", deleted "an emergency"; after "authorized to vote", added "or at an alternate early voting location"; and after "law shall deliver", deleted "an emergency".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-52 - Repealed.

History:
1953 Comp., § 3-12-86, enacted by Laws 1977, ch. 222, § 55; repealed by Laws 2009, ch. 150, § 37.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 150, § 37 repealed 1-12-52 NMSA 1978, as enacted by Laws 1977, ch. 222, § 55, relating to emergency situations and occupation of voting machines when used to mark emergency paper ballots, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-53 - Repealed.

History:
1953 Comp., § 3-12-87, enacted by Laws 1977, ch. 222, § 56; 1979, ch. 57, § 3; 2005, ch. 270, § 74; repealed by Laws 2009, ch. 150, § 37.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 150, § 37 repealed 1-12-53 NMSA 1978, as enacted by Laws 1977, ch. 222, § 56, relating to emergency situations; voters; emergency paper ballots; general election and marking, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-54 - Repealed.

History:
1953 Comp., § 3-12-88, enacted by Laws 1977, ch. 222, § 57; 1979, ch. 57, § 4; repealed by Laws 2009, ch. 150, § 37.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 150, § 37 repealed 1-12-54 NMSA 1978, as enacted by Laws 1977, ch. 222, § 57, relating to emergency situations, voting on constitutional amendments and other questions by emergency paper ballot, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-55 - Paper ballots; marking.

All marks on the paper ballot shall be made only with the recommended or provided marking device.
History:
1953 Comp., § 3-12-89, enacted by Laws 1977, ch. 222, § 58; 1979, ch. 57, § 5; 2009, ch. 150, § 21.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, deleted former language which required ballots to be marked with a cross or a check and defined each term.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 341 et seq.
29 C.J.S. Elections §§ 176 to 178.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-56 - Repealed.

History:
1953 Comp., § 3-12-90, enacted by Laws 1977, ch. 222, § 59; repealed by Laws 2009, ch. 150, § 37.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 150, § 37 repealed 1-12-56 NMSA 1978, as enacted by Laws 1977, ch. 222, § 59, relating to emergency situations, emergency paper ballots and identification marks, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-57 - Paper ballots; procedure after marking.

After marking and preparing a paper ballot in a polling place, the voter:
A. shall not show it to any person in the polling place in such a way as to reveal its contents; and
B. shall feed the paper ballot into the electronic vote tabulator.
History:
1953 Comp., § 3-12-91, enacted by Laws 1977, ch. 222, § 60; 2009, ch. 150, § 22; 2019, ch. 212, § 115.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, in the introductory clause, after "polling place", deleted "alternate voting location" and in Subsection A, after "any person in", added "the polling place in".
The 2009 amendment,
effective June 19, 2009, after "After marking and preparing", deleted "his emergency"; after "paper ballot", added "in a polling place or alternate voting location"; deleted former Subsection A, which require a voter to fold the ballot so that the number on the ballot appears on the outside; in Subsection B, at the beginning of the sentence, deleted "deliver it to the presiding judge who shall then detach the visible number on the ballot, hand it to the voter, then deposit the emergency" and added "feed the"; and after "paper ballot", deleted "in the ballot box in the presence of the voter" and added the remainder of the sentence.
Power of election judges to reject ballots.
— After ballots had been tendered by the voter and deposited in the ballot box, the quasi-judicial function to reject ballots given election judges by Comp. Laws 1897, §§ 1665, 1668 became exhausted, and thereafter their powers as to such ballots became purely ministerial.
Territory of New Mexico ex rel. Lester v. Suddith
, 1910-NMSC-068, 15 N.M. 728, 110 P. 1038 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections §§ 328, 337.
29 C.J.S. Elections §§ 206, 207.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-58 - Recompiled.

History:
1953 Comp., § 3-12-92, enacted by Laws 1977, ch. 222, § 61; 2009, ch. 150, § 23; 1978 Comp., § 1-12-58 recompiled as § 1-20-8.2 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-12-58 NMSA 1978 as 1-20-8.2 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-59 - Viewing marked paper ballot.

A. A voter may, on the voter's own initiative and using whatever form of communication or media chosen by the voter, voluntarily communicate any information regarding:
(1) the name of any candidate in a candidate contest for whom the voter voted or for whom the voter abstained from voting;
(2) the affirmative or negative vote cast by the voter on a ballot question or nonpartisan judicial retention election; or
(3) any other information regarding the manner in which a voter marked a paper ballot in an election.
B. No person shall solicit a voter to show the voter's marked paper ballot or coerce a voter to reveal any of the information listed in Subsection A of this section.
C. No person shall disclose without the consent of the voter any of the information listed in Subsection A of this section.
D. A violation of Subsection B or C of this section may constitute the crime of offering a bribe, coercion of employees, coercion of voters, intimidation or conspiracy to violate the Election Code.
History:
1953 Comp., § 3-12-93, enacted by Laws 1977, ch. 222, § 62; 2009, ch. 150, § 24; 2019, ch. 212, § 116.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, authorized voters to disclose information on their ballot, and prohibited the disclosure of information on a ballot without the voter's consent; added a new Subsection A; in Subsection B, after "paper ballot", added "or coerce a voter to reveal any of the information listed in Subsection A of this section."; and added Subsections C and D.
The 2009 amendment,
effective June 19, 2009, deleted the first sentence "Only the presiding judge shall receive from any voter an emergency paper ballot prepared by such voter"; after "No person shall", deleted "examine or"; and after "voter to show", deleted "his emergency" and added the remainder of the sentence.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-60 - Repealed.

History:
1953 Comp., § 3-12-94, enacted by Laws 1977, ch. 222, § 63; repealed by Laws 2009, ch. 150, § 37.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 150, § 37 repealed 1-12-60 NMSA 1978, as enacted by Laws 1977, ch. 222, § 63, relating to emergency situations, emergency paper ballots and removal of ballot numbers, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-61 - Removal of paper ballots from polling place.

No person shall remove any paper ballot from any polling place unless authorized by law.
History:
1953 Comp., § 3-12-95, enacted by Laws 1977, ch. 222, § 64; 2009, ch. 150, § 25.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, after "remove any", deleted "emergency" and after "polling place", deleted "before the completion of the ballot count", and added the remainder of the sentence.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-62 - Paper ballots; spoiled or defaced.

A. A voter who accidentally spoils or erroneously prepares the voter's paper ballot may return the spoiled or erroneously prepared paper ballot to the presiding judge and receive a new paper ballot.
B. The presiding judge in delivering the new paper ballot shall announce the name of the voter and the number of the new paper ballot in an audible tone.
C. Upon the announcement of the presiding judge, the election clerks shall make a record in the signature roster and checklist of registered voters that the voter received a replacement ballot.
D. The voter shall mark the spoiled or erroneously prepared paper ballot with the word "SPOILED" and shall place it in a separate envelope marked "SPOILED BALLOTS", which shall be returned to the county clerk.
History:
1953 Comp., § 3-12-96, enacted by Laws 1977, ch. 222, § 65; 1987, ch. 249, § 40; 1991, ch. 105, § 36; 2009, ch. 150, § 26.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A after "erroneously prepares", deleted "his emergency" and added "the voter's"; after "erroneously prepared", deleted "emergency" and after "receive a new", deleted "emergency"; in Subsection B, after "new" in two places, deleted "emergency"; in Subsection C, after "election clerks shall", deleted "cross out the number of the spoiled or erroneously prepared emergency paper ballot" and added "make a record"; and after "registered voters", deleted "with a single line and shall insert in lieu thereof the number of the new emergency paper" and added the remainder of the sentence; and in Subsection D, after "The", deleted "presiding judge" and added "voter" and after "prepared", deleted "emergency".
The 1991 amendment,
effective April 2, 1991, in Subsection C, inserted "and checklist of registered voters" following "roster" and deleted a second sentence which read "In similar manner, an election judge shall correct the voter's original affidavit of registration" and made a minor stylistic change in Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 29 C.J.S. Elections § 204.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-63 - Election judges; unused paper ballots.

Immediately upon the time of the closing of the polls, the election judges and presiding judge, in the presence of those lawfully permitted to be present, shall publicly destroy all unused paper ballots.
History:
1953 Comp., § 3-12-97, enacted by Laws 1977, ch. 222, § 66; 2009, ch. 150, § 27.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, after "Immediately upon", added "the time of"; after "closing of the polls", deleted "and before any ballot box is unlocked"; and after "unused", deleted "emergency".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 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.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-64 - Repealed.

History:
1953 Comp., § 3-12-98, enacted by Laws 1977, ch. 222, § 67; repealed by Laws 2009, ch. 150, § 37.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 150, § 37 repealed 1-12-64 NMSA 1978, as enacted by Laws 1977, ch. 222, § 67, relating to emergency situations, the county clerk and destruction of unused emergency paper ballots, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-66 - Paper ballots; signature rosters, checklist of voters and tally sheets; disposition.

A. After all certificates have been executed, the presiding judge and the two election judges shall place the checklist of voters and one copy of the certificate of returns in that polling place in the stamped, addressed envelope provided for that purpose and an election judge shall immediately mail it to the secretary of state.
B. The signature roster and the original certificate of returns in that polling place shall be returned to the county clerk. The signature roster and the certificate of returns shall not be placed in the ballot box.
C. Signature rosters, checklists of registered voters, certificates of returns and tally sheets in the custody of the county clerk and the secretary of state may be destroyed only pursuant to Section 1-12-69 NMSA 1978.
History:
1953 Comp., § 3-12-100, enacted by Laws 1977, ch. 222, § 69; 1987, ch. 249, § 41; 1991, ch. 105, § 38; 2009, ch. 150, § 29; 2011, ch. 137, § 100; 2019, ch. 212, § 118.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, replaced "tally sheet" with "certificate of return"; in Subsection A, after "After", deleted "the counting and tallying of paper ballots are completed and after", and after "one copy of the", deleted "tally sheet" and added "certificate of returns in that polling place"; in Subsection B, after "original", deleted "tally sheet" and added "certificate of returns in that polling place", and after "roster and the", deleted "tally sheet" and added "certificate of returns"; and in Subsection C, after "registered voters,", added "certificate of returns".
The 2011 amendment,
effective July 1, 2011, permitted voter records to be destroyed only pursuant to Section 1-12-69 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, in Subsection A, after "tallying of", deleted "emergency"; after "judges shall place", deleted "one copy of the signature roster" and added "the checklist of voters"; and in Subsection B, after "The", deleted "remaining copy of the".
The 1991 amendment,
effective April 2, 1991, inserted "checklists of registered voters" in Subsection C.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-67 - Paper ballots to be placed in ballot box.

After all certificates have been executed, the election board shall place the bundles of tabulated paper ballots in the ballot box and the ballot box shall be closed and locked.
History:
1953 Comp., § 3-12-101, enacted by Laws 1977, ch. 222, § 70; 1987, ch. 249, § 42; 2009, ch. 150, § 30; 2019, ch. 212, § 119.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, replaced "precinct board" with "election board"; and deleted "the paper ballots are tallied, the precinct" and added "all certificates have been executed, the election", and after "bundles of", deleted "counted" and added "tabulated".
The 2009 amendment,
effective June 19, 2009, after "After the" deleted "emergency"; after "board shall place", deleted "the following in the ballot box:"; after "bundles of counted" deleted "emergency"; deleted former Subsection A(2), which required envelopes containing spoiled ballots to be placed in the ballot box; deleted former Subsection A(3), which required envelopes containing rejected ballots to be placed in the ballot box; and in former Subsection B, at the beginning of the sentence, deleted "After the required items have been placed".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 29 C.J.S. Elections § 234.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-68 - Paper ballots; county canvass; when recount is required.

A. If it appears that defective returns cannot be corrected without a recount of the paper ballots, 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 recount of the paper ballots from the precinct.
C. The county clerk shall immediately notify the county chairs of the political parties that participated in the election of the time and place of the recount.
D. At the time and place set by the district court, the ballot box shall be opened in the presence of the district judge or some person designated by the district judge to act for the district court, the precinct board [election board], the county canvassing board and other persons desiring to be present.
E. The precinct board [election board] shall then recount the paper ballots and make a new tally sheet certificate in duplicate to conform to the facts.
F. After the recount is completed, the precinct board [election board] shall replace in the ballot box the paper ballots and other items taken therefrom and shall lock and return the ballot box and one key to the county clerk. The other key shall be returned to the district court or its representative.
G. After being properly corrected, the signature roster and tally sheets 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., § 3-12-102, enacted by Laws 1977, ch. 222, § 71; 1987, ch. 249, § 43; 2009, ch. 150, § 31.
ANNOTATIONS
Bracketed 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 contests and recounts,
see
1-14-1 NMSA 1978 et seq.
The 2009 amendment,
effective June 19, 2009, in Subsection A, after "recount of the", deleted "emergency"; in Subsection B, after "recount of the", deleted "emergency"; and in Subsection F, after "ballot box the", deleted "emergency".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-70 - Reporting of vote totals by precinct; voting data maintained by precinct.

A. The county clerk shall report to the secretary of state the vote totals in each precinct on election night.
B. The county clerk shall maintain voting data by precinct that includes the number of voters who voted early in-person, absentee by mail and on election day and the number of voters who voted using each type of voting system. The county clerk shall report this data to the secretary of state within sixty days following the election, and to no other person. The secretary of state shall then combine the data within a precinct to the extent necessary to protect the secrecy of each voter's ballot in accordance with rules issued by the secretary of state before the data as processed becomes a public record.
History:
Laws 2007, ch. 336, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2007, ch. 336, § 21 contained an emergency clause and was approved April 2, 2007.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-71 - Repealed.

History:
1953 Comp., § 3-4-8.2, enacted by Laws 1977, ch. 222, § 7; 1978 Comp., § 1-4-10, recompiled as § 1-12-71 by Laws 2011, ch. 137, § 109; 2015, ch. 145, § 67; 2018, ch. 79, § 13; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-12-71 NMSA 1978, as enacted by Laws 1977, ch. 222, § 7, relating to restriction on local government elections, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-72 - Repealed.

History:
1978 Comp., § 1-12-72, enacted by Laws 2020 (1st S.S.), ch. 2, § 2; repealed by Laws 2020 (1st S.S.), ch. 2, § 3.
ANNOTATIONS
Repeals.
— Laws 2020 (1st S.S.), ch. 2, § 3 repealed 1-12-72 NMSA 1978, relating to conduct of 2020 general election, special provisions and contingencies, effective December 31, 2020. For provisions of former section,
see
Laws 2020 (1st S.S.), ch. 2, § 2.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 13 - Post-Election Duties › Section 1-13-1 - Post-election duties; county canvassing board.

A. The board of county commissioners is ex officio the county canvassing board in each county.
B. The board of county commissioners may designate the board of registration to serve as the county canvassing board for the county. The designation shall be made in the polling place resolution adopted pursuant to Section 1-3-2 NMSA 1978 and is valid for all statewide and special elections conducted within the county until the expiration of the resolution.
C. The county canvass report prepared by the county clerk and approved by the county canvassing board shall consist of:
(1) the certificate of canvass to be signed by the county clerk and the county canvassing board members;
(2) a report of the final vote counts for each candidate contest and ballot question voted on by voters of the county separated by mailed ballots, early voting and election day voting;
(3) a report of the total ballots requested, returned, accepted and rejected from uniformed-service voters or overseas voters; and
(4) a report of all provisional ballots accepted and rejected.
D. Immediately after the meeting of the county canvassing board, the county clerk shall transmit a copy of the county canvass report, along with any hand tally sheets, to the secretary of state.
History:
1953 Comp., § 3-13-1, enacted by Laws 1969, ch. 240, § 303; 2019, ch. 212, § 120; 2023, ch. 39, § 67.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided the required contents of a county canvass report, and required the county clerk to transmit a copy of the county canvass report to the secretary of state immediately after the meeting of the county canvassing board; and added Subsections C and D.
Temporary provisions.
— Laws 2023, ch. 39, § 97 provided that each election day polling place established in the 2021 polling place resolution for each county or any election day polling place established by any subsequent amendment to such a resolution shall operate as a voter convenience center for all statewide elections in calendar year 2023.
The 2019 amendment,
effective April 3, 2019, added Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 395.
Injunction against canvassing of votes and declaring result of election, 1 A.L.R.2d 588.
29 C.J.S. Elections § 236.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Bracketed 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).
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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 through the adjournment of the state canvass to ascertain if missing election returns are enclosed in the ballot box, the ballot box shall be opened in the presence of the presiding judge and two election judges of an election board that meets the requirements of Subsection B of Section 1-2-12 NMSA 1978 by the county clerk or a deputy clerk designated by the county clerk. The county clerk or deputy clerk may remove the missing returns necessary to canvass the election. The presiding judge and election judges shall document the search for missing returns using a form prescribed by the secretary of state.
History:
1953 Comp., § 3-13-8, enacted by Laws 1969, ch. 240, § 310; 1977, ch. 222, § 77; 2011, ch. 137, § 101; 2023, ch. 39, § 69.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided that if a ballot box is required to be opened at any time during the county or state canvass process, it shall be done in the presence of a presiding judge and two election judges or a deputy clerk; after "a ballot box on election night", added "through the adjournment of the state canvass", after "shall be opened", added "in the presence of the presiding judge and two election judges of an election board that meets the requirements of Subsection B of Section 1-2-12 NMSA 1978", after "by the county clerk", deleted "and the district judge", after the next occurrence of "or", deleted "someone" and added "a deputy clerk", after "designated by the", deleted "district judge. In the presence of the district judge or the designated representative of the district judge" and added "county clerk", after "The county clerk", added "or deputy clerk", and after "necessary to canvass the election", deleted "When such omission or negligence of the precinct board causes an additional expense to be incurred, no compensation shall be paid to the precinct board for its services on election day" and added "The presiding judge and election judges shall document the search for missing returns using a form prescribed by the secretary of state.".
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.
2023 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.
ANNOTATIONS
Cross 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).