reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Appendix A - Emergency and Temporary Acts › App.A:10-5 Authority conferred to continue only during present war

App.A:10-5. Authority conferred to continue only during present war
The authority hereby conferred to accept grants and loans shall continue in effect so long as the United States of America continues in the present wars with the governments of Japan, Germany and Italy, or any of them, and until the making of a treaty or treaties of peace concluding all of said wars.
L.1942, c. 226, p. 607, s. 5.
2023 New Jersey Revised Statutes › Appendix A - Emergency and Temporary Acts › App.A:10-7 Expenditures by municipalities for civil defense constitute source of State for determining amount of Federal funds to be matched

App.A:10-7. Expenditures by municipalities for civil defense constitute source of State for determining amount of Federal funds to be matched
The State of New Jersey hereby determines that expenditures made or authorized to be made by any municipality of this State from municipal funds, for civil defense purposes of the kind and character for which Federal funds are made available by the Act of the Eighty-first Congress of the United States, entitled "An act to authorize a Federal Civil Defense program, and for other purposes," shall constitute a source of the State for the basis of determining the amount of said Federal funds to be equally matched by this State to the same effect as though there had been a direct appropriation of State funds for said purposes instead of municipal funds.
L.1951, c. 146, p. 610, s. 1.
2023 New Jersey Revised Statutes › Appendix A - Emergency and Temporary Acts › App.A:10-8 Certification to Division of Local Government in Treasury Department of amounts expended for civil defense by municipalities

App.A:10-8. Certification to Division of Local Government in Treasury Department of amounts expended for civil defense by municipalities
The officers of every municipality, who are required to certify to the Division of Local Government in the Treasury Department the municipal budget, shall separately certify, annually or oftener if required, to the said division, any and all amounts expended or appropriated for civil defense purposes, with sufficient identification to show the amounts allocated to such purposes as are within the purposes available for Federal funds under said Act of Congress. The said division shall compute the total amounts so certified and report the result to the State Treasurer or to such officer in the said department who shall be designated by the State Treasurer. The said amounts shall be included in the amounts used or certified for the purpose of determining the amounts authorized to be contributed by the Federal Defense Administrator to this State, equally matched by this State, pursuant to the provisions of said Act of Congress, and upon the receipt by the State of any of said Federal funds for said purposes, which include sums equally matching the sums so expended or authorized by any municipality, an equivalent amount shall be transmitted to said municipality for expenditure by the municipality for the said authorized civil defense purposes. In the event that the said Federal funds do not equal the said municipal expenditures or appropriations but represent a proportion thereof, the amount of such proportionate contribution shall be transmitted to the municipality in the same manner and for the like purposes.
L.1951, c. 146, p. 611, s. 2.
2023 New Jersey Revised Statutes › Appendix A - Emergency and Temporary Acts › App.A:10-9 Forms; rules and regulations

App.A:10-9. Forms; rules and regulations
The Director of the Division of Local Government is authorized and directed to provide the necessary forms and prescribe the rules and regulations to effectuate the purposes of this act.
L.1951, c. 146, p. 612, s. 3.
2023 New Jersey Revised Statutes › Appendix A - Emergency and Temporary Acts › App.A:11-2 Legislative findings

App.A:11-2. Legislative findings
The Legislature finds that there is a need to encourage existing private businesses and industries to expand and to attract new businesses into the State in order to create more employment opportunities for the citizens of New Jersey; that the expansion and attraction of private enterprise is promoted both by the creation of an effective Economic Development Program and the availability of trained workers in this State; and, that public moneys should be made available to encourage private employers to develop and to expand job opportunities and for the training of unemployed or underemployed citizens of this State.
L.1974, c. 195, s. 2, eff. Jan. 3, 1975.
2023 New Jersey Revised Statutes › Appendix A - Emergency and Temporary Acts › App.A:11-3 Expenditures to restructure and expand division of economic development

App.A:11-3. Expenditures to restructure and expand division of economic development
The Commissioner of Labor and Industry is authorized to expend funds, appropriated from the Unemployment Compensation Auxiliary Fund, to restructure and expand the existing Division of Economic Development to provide professional and technical assistance to industry to aid in the development of job opportunities for citizens of this State.
L.1974, c. 195, s. 3, eff. Jan. 3, 1975.
2023 New Jersey Revised Statutes › Appendix A - Emergency and Temporary Acts › App.A:11-4 Agreements for training of workers

App.A:11-4. Agreements for training of workers
4. The Commissioner of Labor and Industry is authorized to enter into agreements with private employers and the Federal Government, or any agency thereof, or any corporation, association, or public or private institution for the training of workers under such terms as the Commissioner of Labor and Industry may establish.
L.1974,c.195,s.4.
2023 New Jersey Revised Statutes › Appendix A - Emergency and Temporary Acts › App.A:11-5 Authorization to pay training costs and allowances; acceptance of grants.

App.A:11-5 Authorization to pay training costs and allowances; acceptance of grants.
5. Pursuant to any agreement entered into under this act, the Commissioner of Labor and Industry is authorized to pay such direct training costs, training allowances, and administrative expenses as he shall deem necessary. The commissioner may accept grants from the Federal Government, or any agency thereof, or from any foundation, corporation, association, or individual to defray the cost of direct training, training allowances, or administrative expenses.
L.1974,c.195,s.5.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-1 - Election Code.

Chapter 1 NMSA 1978 may be cited as the "Election Code".
History:
1953 Comp., § 3-1-1, enacted by Laws 1969, ch. 240, § 1; 1975, ch. 255, § 1.
ANNOTATIONS
Temporary provisions.
— Laws 2019, ch. 212, § 283 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 provision that elections are to be free and open,
see
N.M. Const., art. II, § 8.
For elective franchise generally,
see
N.M. Const., art. VII.
For date for holding general elections,
see
N.M. Const., art. XX, § 6.
For provision prohibiting abridging right of suffrage because of race, color or previous servitude,
see
N.M. Const., art. XXI, § 5.
Ballot requirements to protect public.
— In an effort to protect the public from the undesirable effects of an unrestrained nominating process, the legislature has seen fit to place certain requirements on the amount of public support a potential candidate must demonstrate before being placed on the ballot. There is no reason to suspect that these requirements are unreasonable.
Bardacke v. Dunigan
, 1982-NMSC-093,98 N.M. 473, 649 P.2d 1386.
1927 act.
— The 1927 act was a comprehensive Election Code.
State ex rel. Abercrombie v. District Court of Fourth Judicial Dist
., 1933-NMSC-057, 37 N.M. 407, 24 P.2d 265.
Applicability to referendum.
— Former Election Code, and especially Article 7 thereof relating to elections on constitutional amendments and other questions, included and applied to referendum.
State v. Perrault
, 1929-NMSC-099, 34 N.M. 438, 283 P. 902.
Secrecy and purity of ballot to be protected.
— Constitutional and statutory provisions calculated to protect the secrecy and purity of the ballot are to receive favorable consideration.
State ex rel. Read v. Crist
, 1919-NMSC-005, 25 N.M. 175, 179 P. 629.
Constructions of election laws should further free exercise of franchise.
— In construing election statutes, no construction of constitutional or statutory provisions is to be indulged which will defeat or unduly restrict or obstruct the free exercise of the elective franchise unless such is compelled by the strict letter of the law. 1963 Op. Att'y Gen. No. 63-139.
Law reviews.
—
For note, "Why Gunaji v. Macias Matters to Candidates and Voters: Its Impact on New Mexico Election Law," see 33 N.M.L. Rev 431 (2003).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What changes in voting practices or procedures must be precleared under § 5 of Voting Rights Act of 1965 (42 USCA § 1973c) - Supreme Court cases, 146 A.L.R. Fed. 619.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-1.1 - Purpose of [Election] Code.

It is the purpose of the Election Code [Chapter 1 NMSA 1978] to secure the secrecy of the ballot, the purity of elections and guard against the abuse of the elective franchise. It is also the purpose of the Election Code to provide for efficient administration and conduct of elections.
History:
1978 Comp., § 1-1-1.1, enacted by Laws 1979, ch. 74, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-2 - Headings.

Article and section headings do not in any manner affect the scope, meaning or intent of the provisions of the Election Code [Chapter 1 NMSA 1978].
History:
1953 Comp., § 3-1-2, enacted by Laws 1969, ch. 240, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections §§ 2, 3.
29 C.J.S. Elections § 7(4).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-2.1 - Ballot box key.

As used in the Election Code, "ballot box key" means:
A. a physical key that opens a lock used to secure a ballot box; or
B. the number on a numbered seal affixed to secure a ballot box.
History:
Laws 2011, ch. 137, § 3.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 137, § 111 made Laws 2011, ch. 137, § 3 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-3 - "Shall" and "may".

As used in the Election Code [Chapter 1 NMSA 1978], "shall" is mandatory and "may" is permissive.
History:
1953 Comp., § 3-1-3, enacted by Laws 1969, ch. 240, § 3.
ANNOTATIONS
"May"
is not infrequently used interchangeably with "must," and, as used in former section dealing with county canvass, imported an absolute obligation.
Reese v. Dempsey
, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157 (decided under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-3.1 - Election cycle.

Except as otherwise provided, as used in the Election Code:
A. "election cycle" means the period beginning on January 1 after the last general election and ending on December 31 after the general election;
B. "general election cycle" means the period beginning on the day after the primary election and ending on December 31 after the general election; and
C. "primary election cycle" means the period beginning on January 1 after the last general election and ending on the day of the primary election.
History:
Laws 2003, ch. 356, § 1; 2011, ch. 137, § 4; 2019, ch. 262, § 3.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, revised the definition of "election cycle" as used in the Election Code; in Subsection A, after "beginning on", deleted "the day" and added "January 1", and after "ending on", deleted "the day of" and added "December 31 after"; in Subsection B, after "ending on", deleted "the day of" and added "December 31 after"; and in Subsection C, after "beginning on", deleted "the day" and added "January 1".
Temporary provisions.
— Laws 2019, ch. 262, § 16 provided that the secretary of state, in consultation with the attorney general, shall promulgate rules to implement the amendatory provisions of this act by August 1, 2019.
The 2011 amendment,
effective July 1, 2011, redefined "election cycle" and added definitions of "general election cycle" and "primary election cycle".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-3.2 - Election observer.

As used in the Election Code, "election observer" means a person registered with the United States department of state as an international election observer or a person registered with the New Mexico secretary of state who is an academic engaged in research on elections and the election process.
History:
Laws 2011, ch. 137, § 1.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 137, § 111 made Laws 2011, ch. 137, § 1 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-3.3 - Election-related organization.

As used in the Election Code, "election-related organization" means an organization registered with the secretary of state that is involved in election monitoring or voter turnout activities, but does not include a qualified political party in an election in which the political party is represented on the ballot.
History:
Laws 2011, ch. 137, § 2; 2019, ch. 212, § 1.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, revised the definition of "election-related organization" as used in the Election Code; and added "but does not include a qualified political party in an election in which the political party is represented on the ballot".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-4 - Qualified elector.

A. As used in the Election Code and rules promulgated by the secretary of state, "qualified elector" means any resident of this state who is qualified to vote under the provisions of the constitution of New Mexico and the constitution of the United States and includes any qualified resident.
B. As used in all other statutes and rules of New Mexico, unless otherwise defined, "qualified elector" means a "voter" as that term is defined in Section 1-1-5 NMSA 1978.
History:
1953 Comp., § 3-1-4, enacted by Laws 1969, ch. 240, § 4; 1975, ch. 255, § 2; 2011, ch. 137, § 5; 2019, ch. 212, § 2.
ANNOTATIONS
Cross references.
— For qualifications of voters,
see
N.M. Const., art. VII, § 1.
For voting age unaffected by general lowering of age of majority to 18,
see
28-6-1 NMSA 1978.
The 2019 amendment,
effective April 3, 2019, revised the definition of "qualified elector" as used in the Election Code; in Subsection A, added "and rules promulgated by the secretary of state", and after "United States", added "and includes any qualified resident"; and added Subsection B.
The 2011 amendment,
effective July 1, 2011, defined "qualified elector" as a resident of New Mexico.
Compiler's notes.
— A three-judge federal district court sitting in Trujillo v. Garley, U.S. Dist. Ct., Civ. A. No. 1353, entered a declaratory judgment on August 11, 1948, that Indians in New Mexico are entitled to vote, the former provisions of the New Mexico constitution to the contrary notwithstanding. The case was not appealed.
Qualification of grand juror.
— Grand juror did not have to be a properly registered voter to be a qualified elector, for purposes of sitting on the grand jury.
State v. Chama Land & Cattle Co
., 1990-NMCA-129, 111 N.M. 317, 805 P.2d 86.
A juror has only to meet the requirements of N.M. Const., art. VII, § 1 to be a qualified elector under 38-5-1 NMSA 1978, and therefore to be qualified to serve as a grand juror.
State v. Chama Land & Cattle Co
., 1990-NMCA-129, 111 N.M. 317, 805 P.2d 86.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Women's suffrage amendment to federal or state constitution as affecting pre-existing constitutional or statutory provisions which limited rights or duties to legal or male voters, 71 A.L.R. 1332, 157 A.L.R. 461.
Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.
29 C.J.S. Elections § 1(7).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-4.1 - Federal qualified elector.

As used in the Election Code, "federal qualified elector" means:
A. a uniformed-service voter; or
B. an overseas voter.
History:
Laws 2015, ch. 145, § 1.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 145, § 103 made Laws 2015, ch. 145, § 1 effective July 1, 2015.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-5 - Voter.

As used in the Election Code, "voter" means any qualified elector or federal qualified elector who is registered to vote under the provisions of the Election Code.
History:
1953 Comp., § 3-1-5, enacted by Laws 1969, ch. 240, § 5; 2011, ch. 137, § 6; 2015, ch. 145, § 4; 2019, ch. 212, § 3.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, revised the definition of "voter" as used in the Election Code; and after "registered", added "to vote".
The 2015 amendment,
effective July 1, 2015, removed the specific reference to overseas voter, the meaning of which is included in the definition of federal qualified elector; after "any qualified elector", added "or", and after "federal qualified elector", deleted "or overseas voter".
The 2011 amendment,
effective July 1, 2011, included federal qualified voters and overseas voter in the definition of "voter".
Qualification of grand juror.
— Grand juror did not have to be a properly registered voter to be a qualified elector, for purposes of sitting on the grand jury.
State v. Chama Land & Cattle Co
., 1990-NMCA-129, 111 N.M. 317, 805 P.2d 86.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Incompetents: voting rights of persons mentally incapacitated, 80 A.L.R.3d 1116.
29 C.J.S. Elections § 1(8).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-5.1 - Early voter.

As used in the Election Code [Chapter 1 NMSA 1978], "early voter" means a voter who votes in person before election day, and not by mail.
History:
Laws 2003, ch. 357, § 7.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 357 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-5.3 - Overseas voter.

As used in the Election Code, "overseas voter" means an individual who is a United States citizen, who is outside the United States and who:
A. is temporarily absent from the individual's residence in this state;
B. before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements;
C. before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements; or
D. was born outside the United States, is not otherwise described in this section and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements, if:
(1) the last place where a parent or legal guardian of the individual was, or would have been, eligible to vote before leaving the United States is within this state; and
(2) the individual has not previously registered to vote in any other state.
History:
Laws 2015, ch. 145, § 2.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 145, § 103 made Laws 2015, ch. 145, § 2 effective July 1, 2015.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-5.4 - Uniformed-service voter.

As used in the Election Code, "uniformed-service voter" means an individual who is a United States citizen, whose voting residence is in this state, who otherwise satisfies this state's voter eligibility requirements and who is:
A. a member of the active or reserve components of the army, navy, air force, marine corps or coast guard of the United States who is on active duty and who by reason of that active duty is absent from the state;
B. a member of the merchant marine, the commissioned corps of the public health service, the astronaut program of the national aeronautics and space administration or the commissioned corps of the national oceanic and atmospheric administration of the United States and who by reason of that service is absent from the state;
C. a member on activated status of the national guard or state militia and who by reason of that active duty is absent from the member's county of residence; or
D. a spouse or dependent of a member referred to in Subsection A, B or C of this section and who, by reason of active duty or service of the member, is absent from the state; provided the spouse or dependent is an individual recognized as a spouse or dependent by the entity under which the member is serving.
History:
Laws 2015, ch. 145, § 3.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 145, § 103 made Laws 2015, ch. 145, § 3 effective July 1, 2015.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-5.5 - Power of attorney; prohibited use.

A power of attorney or other form of proxy is not valid for use by a person in any procedure or transaction concerning elections, including voter registration, petition signature, voter-registration cancellation, absentee ballot requests or voting another person's ballot.
History:
Laws 2015, ch. 145, § 5.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 145, § 103 made Laws 2015, ch. 145, § 5 effective July 1, 2015.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-5.6 - Ballot question.

As used in the Election Code, "ballot question" means a question submitted to the voters of the state or a local government on a ballot pursuant to the provisions of the Election Code and does not include a candidate nomination, election contest or nonpartisan judicial retention election.
History:
Laws 2019, ch. 212, § 10.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-5.7 - County.

As used in the Election Code, "county" means a county in this state, including a combined city and county corporation, incorporated county, urban county or single urban government.
History:
Laws 2019, ch. 212, § 11.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-5.8 - Municipality.

As used in the Election Code, "municipality" means an incorporated city, town or village, whether incorporated under general act, special act, special charter or territorial charter, but does not mean a combined city and county corporation, an incorporated county or a single urban government.
History:
Laws 2019, ch. 212, § 12.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-5.9 - Proper filing officer.

As used in the Election Code, "proper filing officer" means, for the purposes of filing:
A. reports required by the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978] and the School District Campaign Reporting Act [1-22A-1 to 1-22A-10 NMSA 1978], the secretary of state;
B. declarations of candidacy and candidate qualification documents by any candidate for statewide or federal office, the secretary of state; and
C. declarations of candidacy and candidate qualification documents by all other candidates, the county clerk of the county in which the candidate resides.
History:
Laws 2019, ch. 212, § 14.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-5.10 - Qualified resident.

As used in the Election Code, "qualified resident" means an individual who is under the age of eighteen and, except for the age requirement, otherwise satisfies the state's voter eligibility requirements as a qualified elector or a federal qualified elector.
History:
Laws 2019, ch. 212, § 15.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-5.11 - Special election.

As used in the Election Code, "special election" means an election at which only ballot questions are considered and that is held at a time other than a statewide election.
History:
Laws 2019, ch. 212, § 16.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-5.12 - Statewide election.

As used in the Election Code, "statewide election" means:
A. a general election;
B. a political party primary;
C. a regular local election; or
D. with respect to the applicable counties and precincts, an election called to fill a vacancy in the office of United States representative.
History:
Laws 2019, ch. 212, § 17.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-5.13 - United States.

As used in the Election Code, "United States" means the several states and the District of Columbia, but does not mean Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
History:
Laws 2019, ch. 212, § 18.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-6 - Recheck and recount.

As used in the Election Code [Chapter 1 NMSA 1978]:
A. "recheck" pertains to electronic vote tabulating systems and means a verification procedure whereby a printout of the electronic record of votes cast in an election is made from each electronic memory device in the electronic vote tabulating system and the results are compared with the results shown on the official returns; and
B. "recount" pertains to all paper ballots, including absentee ballots, provisional paper ballots, optical scan paper ballots and any other paper ballot and means a verification procedure whereby the voters' selections for an office are retallied and the results compared with the results shown on the official returns.
History:
1953 Comp., § 3-1-5.1, enacted by Laws 1977, ch. 222, § 1; 2005, ch. 270, § 8; 2007, ch. 337, § 3; 2009, ch. 150, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection B, after "pertains to", deleted "emergency" and added "all"; after "paper ballots", added "including"; deleted "retabulated by feeding the ballots into an electronic vote tabulating system, and the voters' selections on ballots that cannot be read by the system are counted by hand" and added the word "retallied".
The 2007 amendment,
effective July 1, 2007, amended Subsection A to define "recheck" as pertaining to electronic vote tabulating systems; and Subsection B to define "recount" to include a verification procedure whereby voters' selections are retabulated by feeding the ballots into an electronic vote tabulating system.
The 2005 amendment,
effective July 1, 2005, in Subsection A, changed "voting machines" to "electronic voting systems"; deleted the former provision that "recheck" means a verification procedure where the center counter compartment door of the voting machine is opened; provided that "recheck" means the verification procedure where a printout of the electronic records of votes cast in an election is made from each electronic memory device in the electronic voting system; deleted the former provision that the results of the balloting as shown on the counters of the machine are compared with the official returns; and in Subsection B, defined "recount" to include provisional paper ballots, optical scan paper ballots, voter verifiable and auditable paper ballots, paper ballots printed by electronic voting systems and any other paper ballot; deleted the former provision that "recount" means a retabulation and retallying of individual ballots; and defined "recount" to mean a verification procedure whereby the voters' selection on the paper ballot may be counted by hand and the results compared to the official returns.
Examination of write-in scrolls
constitutes a "recheck," and is covered by 1-14-14 NMSA 1978.
Weldon v. Sanders
, 1982-NMSC-136, 99 N.M. 160, 655 P.2d 1004.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-7.1 - Residence for purpose of candidacy and signing of petitions; rule for determining.

For the purpose of determining the residence of a person desiring to be a candidate for the nomination or election to an office under the provisions of the Election Code [Chapter 1 NMSA 1978] or for the purpose of determining the residence of any signer of a petition required by the Election Code, permanent residence shall be resolved in favor of that place shown on the person's certificate of registration as his permanent residence, provided the person resides on the premises.
History:
1978 Comp., § 1-1-7.1, enacted by Laws 1979, ch. 378, § 1; 1985, ch. 207, § 1; 1993, ch. 314, § 1; 1993, ch. 316, § 1.
ANNOTATIONS
Cross references.
— For rules for determining residency for voting,
see
1-1-7 NMSA 1978.
For elections covered by this chapter,
see
1-1-19 NMSA 1978.
1993 amendments.
— Identical amendments to this section were enacted by Laws 1993, ch. 314, § 1 and Laws 1993, ch. 316, § 1, both effective June 18, 1993, which substituted "certificate" for "affidavit" near the end of the section. The section was set out as amended by Laws 1993, ch. 316, § 1.
See
12-1-8 NMSA 1978.
Multiple residences not precluded.
— This section and 1-1-7 NMSA 1978 merely codify the supreme court's pronouncement in
State ex rel. Magee v. Williams
, 1953-NMSC-082, 57 N.M. 588, 261 P.2d 131, and do not preclude the possibility of multiple residences.
Apodaca v. Chavez
, 1990-NMSC-028, 109 N.M. 610, 788 P.2d 366.
Family home as permanent residence.
— Political candidate's Santa Fe county family home remained his permanent residence, even though he maintained a home in Rio Arriba county where he resided with his wife and two children.
Apodaca v. Chavez
, 1990-NMSC-028, 109 N.M. 610, 788 P.2d 366.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections §§ 255 et seq., 267 et seq.
29 C.J.S. Elections §§ 110, 114, 130.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-8 - Election returns.

As used in the Election Code [Chapter 1 NMSA 1978], "election returns" means the certificate of the precinct board [election board] showing the total number of votes cast for each candidate, or for or against each proposed constitutional amendment or other question, and may include statements of canvass, signature rosters, poll books, tally books, machine printed returns and, in any canvass of returns for county candidates, the original certificates of registration in the possession of the county clerk, together with the copies of certificates of registration in the office of the county clerk.
History:
1953 Comp., § 3-1-7, enacted by Laws 1969, ch. 240, § 7; 1977, ch. 222, § 2; 1993, ch. 314, § 2; 1993, ch. 316, § 2.
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.
1993 amendments.
— Identical amendments to this section were enacted by Laws 1993, ch. 314, § 2 and Laws 1993, ch. 316, § 2, both effective June 18, 1993, which substituted "certificates" for "affidavits" following "original" and "copies of certificates" for "duplicate affidavits". The section was set out as amended by Laws 1993, ch. 316, § 2.
See
12-1-8 NMSA 1978.
Actual ballots not included.
— The county canvassing board is limited by 1-13-4 and 1-13-5 NMSA 1978 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.
Copies of registration lists not included.
— Under former Election Code, definition of "returns" did not include certified copies of registration lists filed with secretary of state.
Chavez v. Hockenhull
, 1934-NMSC-093, 39 N.M. 79, 39 P.2d 1027.
Poll lists and tally sheets were considered part of returns
for purposes of former provisions dealing with correction of returns and county canvassing board certificates by order of state canvassing board.
Chavez v. Hockenhull
, 1934-NMSC-093, 39 N.M. 79, 39 P.2d 1027.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Injunction against canvassing of votes and declaring result of election, 1 A.L.R.2d 588.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-9 - Recompiled.

History:
1953 Comp., § 3-1-8, enacted by Laws 1969, ch. 240, § 8; 1975, ch. 255, § 3; 1983, ch. 258, § 1; 1995, ch. 124, § 1; § 1-1-9 NMSA 1978, recompiled and amended as § 1-7-7 by Laws 2011, ch. 137, § 48.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 48 recompiled and amended 1-1-9 NMSA 1978 as 1-7-7 NMSA 1978, effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-10 - Qualified political party.

As used in the Election Code [Chapter 1 NMSA 1978], "qualified political party" means a political party that has complied with the provisions of Section 1-7-2 NMSA 1978.
History:
1953 Comp., § 3-1-9, enacted by Laws 1969, ch. 240, § 9; 1977, ch. 222, § 3; 1981, ch. 140, § 1; 1989, ch. 392, § 1.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-11 - Precinct.

As used in the Election Code, "precinct" means a designated division of a county for election and redistricting purposes.
History:
1953 Comp., § 3-1-10, enacted by Laws 1969, ch. 240, § 10; 2019, ch. 212, § 5.
ANNOTATIONS
Cross references.
— For nature of precinct,
see
1-3-1 NMSA 1978.
The 2019 amendment,
effective April 3, 2019, revised the definition of "precinct" as used in the Election Code; and after "county for election", added "and redistricting", and after "purposes", deleted the remainder of the section, which related to a polling place and precinct board for each precinct.
Polling place required.
— If a precinct, or any portion thereof, is involved in any election whatsoever in this state, at least one polling place must be provided therein, and all of the voters in that precinct involved in the election must be permitted and required to vote in that polling place. 1954 Op. Att'y Gen. No. 54-6067 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-12 - Consolidated precinct.

A. As used in the Election Code, "consolidated precinct" means a single precinct or the combination of two or more precincts into one polling place for the purpose of establishing a voter convenience center pursuant to the provisions of Section 1-3-4 NMSA 1978.
B. When consolidated precincts are used to establish a voter convenience center in a statewide election, references to "precincts" in the voting process shall be applicable to consolidated precincts.
History:
1953 Comp., § 3-1-11, enacted by Laws 1969, ch. 240, § 11; 1975, ch. 255, § 4; 2011, ch. 131, § 1; 2011, ch. 137, § 7; 2019, ch. 212, § 6.
ANNOTATIONS
Cross references.
— For consolidation of precincts,
see
1-3-4 and 1-3-5 NMSA 1978.
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, revised the definition of "consolidated precinct" as used in the Election Code; in Subsection A, after "means", added "a single precinct or", and after "polling place", added "for the purpose of establishing a voter convenience center"; and in Subsection B, after "are used", added "to establish a voter convenience center", and after the next occurrence of "in", deleted "an" and added "a statewide".
The 2011 amendment,
effective July 1, 2011, corrected the statutory reference to the method of consolidating precincts and clarifies the meaning of "precincts".
Laws 2011, ch. 131, § 1 and Laws 2011, ch. 137, § 7 enacted identical amendments to this section. The section was set out as amended by Laws 2011, ch. 137, § 7.
See
12-1-8 NMSA 1978.
Constitutional requisite for consolidation.
— Any statute providing for consolidation of precincts in any given election is void and unconstitutional unless the old precincts are abolished and a new precinct, including the area desired to be consolidated, is legally created. 1954 Op. Att'y Gen. No. 54-6067 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-13 - Election board.

As used in the Election Code, "election board" means the judges of election in accordance with Article 7, Section 1 of the constitution of New Mexico and the election clerks that are appointed pursuant to Section 1-2-12 NMSA 1978 and serving in a polling place or tallying ballots that have been cast in a statewide or special election.
History:
1953 Comp., § 3-1-12, enacted by Laws 1969, ch. 240, § 12; 2011, ch. 137, § 8; 2019, ch. 212, § 7.
ANNOTATIONS
Cross references.
— For appointment and qualification of board members,
see
1-2-6 and 1-2-7 NMSA 1978.
For composition of board,
see
1-2-12 NMSA 1978.
For school of instruction,
see
1-2-17 NMSA 1978.
The 2019 amendment,
effective April 3, 2019, changed the name of "precinct board" to "election board", and defined "election board" as used in the Election Code; in the section heading, deleted "precinct" and added "election"; after "Election Code", deleted "precinct" and added "election", after "board", deleted "or 'poll workers'", after "means the", deleted "appointed election officials" and added "judges of election in accordance with Article 7, Section 1 of the constitution of New Mexico and the election clerks that are appointed pursuant to Section 1-2-12 NMSA 1978 and", and after "serving", deleted "a single precinct, a consolidated precinct, an absent voter precinct or an alternate voting location" and added "in a polling place or tallying ballots that have been cast in a statewide or special election".
The 2011 amendment,
effective July 1, 2011, defined "poll workers" and added absent voter precincts and alternative voting locations to the list of voting places.
"Precinct board" does not include county clerk.
— For the purposes of the Election Code, "precinct board" means the appointed election officials serving a single precinct or a consolidated precinct and does not include the county clerk.
Gunaji v. Macias
, 2001-NMSC-028, 130 N.M. 734, 31 P.3d 1008.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-14 - Publication.

A. As used in the Election Code, "publication", unless otherwise provided in the constitution of New Mexico or the Election Code, means publication for the required number of times in a newspaper of general circulation in the county. "Publication in Spanish" means publication for the required number of times in an official Spanish language newspaper as set forth in Section 14-11-13 NMSA 1978 or any other Spanish language newspaper that meets the requirements of Section 14-11-2 NMSA 1978 if such newspaper exists in the county and is of general circulation in the county.
B. In addition to publication as required by Subsection A of this section, any publication required of:
(1) the secretary of state shall also be posted in the office of the secretary of state and on the secretary of state's web site; and
(2) the county clerk shall also be posted in the office of the county clerk and on the county's web site, if the county maintains a web site.
History:
1953 Comp., § 3-1-13, enacted by Laws 1969, ch. 240, § 14; 1975, ch. 255, § 5; 1983, ch. 4, § 1; 2011, ch. 137, § 9.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, provided for posting the publication in the offices and on the web sites of the secretary of state and county clerks.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-15 - Posting.

A. As used in the Election Code, "posting" means posting from the date a posting is required until forty-five days after adjournment of the state or county canvassing board or until forty-five days following any recount, contest or other judicial inquiry, whichever is later.
B. A posting as described in Subsection A of this section is satisfied by posting on the website and in a public area in the office of:
(1) the secretary of state, when the secretary of state has the duty to post; or
(2) the county clerk, when the county clerk has the duty to post.
History:
1953 Comp., § 3-1-14, enacted by Laws 1969, ch. 240, § 15; 2011, ch. 137, § 10; 2019, ch. 212, § 8.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, revised the definition of "posting" as used in the Election Code; in Subsection A, after "means posting", deleted "for not less than seven days prior to an election or to an action to be taken" and added "from the date a posting is required until forty-five days after adjournment of the state or county canvassing board or until forty-five days following any recount, contest or other judicial inquiry, whichever is later"; and in Subsection B, in the introductory clause, after "satisfied by posting", added "on the website and in a public area", in Paragraph B(1), after "secretary of state", deleted "and on the secretary of state's web site", and in Paragraph B(2), after "county clerk", deleted "and on the county's web site, if the county maintains a web site".
The 2011 amendment,
effective July 1, 2011, provided for posting in the offices and on the web sites of the secretary of state and county clerks.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Public place defined: what is "public place" within requirement as to posting of election notices, 90 A.L.R.2d 1210.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-16 - Registration officer.

As used in the Election Code, "registration officer" means the secretary of state, a county clerk, a clerk's authorized deputy, a clerk-authorized member of an election board or a state employee performing registration duties in accordance with the federal National Voter Registration Act of 1993 or Section 1-4-5.2 NMSA 1978.
History:
1953 Comp., § 3-1-15, enacted by Laws 1969, ch. 240, § 16; 1995, ch. 198, § 1; 2005, ch. 270, § 4; 2023, ch. 39, § 5.
ANNOTATIONS
Cross references.
— For application for registration to be made to registration officer only,
see
1-4-5 NMSA 1978.
For the National Voter Registration Act of 1993,
see
40 U.S.C. Sections 1973gg et seq.
The 2023 amendment,
effective June 16, 2023, revised the definition of "registration officer"; added "clerk-authorized" preceding "member", added "an election" preceding "board", and after "board", deleted "of registration".
The 2005 amendment,
effective July 1, 2005, provided that "registration officer" included the secretary of state, the authorized deputy of a county clerk, and a state employee performing registration duties in accordance with the federal National Voter Registration Act of 1993 or Section 1-4-5.2 NMSA 1978.
The 1995 amendment,
effective April 6, 1995, inserted "or" following "deputy" and deleted "or a deputy registration officer" from the end.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-16.1 - Registration agent.

As used in the Election Code [Chapter 1 NMSA 1978], "registration agent" means a state or federal employee who provides voter registration at a state agency, or a tribal registration agent office, or any other individual who assists another person in completion of a voter registration application.
History:
Laws 2005, ch. 270, § 3.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 270, § 81 made the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-16.2 - New registrant.

As used in the Election Code [Chapter 1 NMSA 1978], "new registrant" means a person who was not registered to vote in the state at the time the person registered to vote.
History:
Laws 2005, ch. 270, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 270, § 81 made the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-17 - Person authorized to administer oaths.

As used in the Election Code [Chapter 1 NMSA 1978], "person authorized to administer oaths" means any person empowered by the laws of any state, the federal government or of any foreign country to administer oaths.
History:
1953 Comp., § 3-1-16, enacted by Laws 1969, ch. 240, § 17.
ANNOTATIONS
Cross references.
— For false swearing,
see
1-20-10 NMSA 1978.
For oath administered by legislative officers,
see
2-1-2 NMSA 1978.
For oath administered by chairman of board of county commissioners,
see
4-38-11 NMSA 1978.
For oath administered by county surveyor,
see
4-42-3 NMSA 1978.
For oath administered by county clerks, district court clerks, probate court clerks, secretary of state, etc.,
see
14-13-3 NMSA 1978.
For oath administered by magistrates,
see
35-3-1 NMSA 1978.
For oath administered by highway commission,
see
67-3-10 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-18 - Oath includes affirmation.

As used in the Election Code [Chapter 1 NMSA 1978], "oath" includes affirmation in all cases where an affirmation may be substituted for an oath, and in like cases the word "swear" includes affirm.
History:
1953 Comp., § 3-1-17, enacted by Laws 1969, ch. 240, § 18.
ANNOTATIONS
Cross references.
— For executing false statement of eligibility to vote as perjury,
see
1-12-8 NMSA 1978.
For false swearing to secure assistance in voting as perjury,
see
1-12-13 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-20 - Major fractions.

In any place in the Election Code [Chapter 1 NMSA 1978] requiring counting or computation of numbers, any fraction or decimal greater than one-half of a whole number shall be counted as a whole number.
History:
1978 Comp., § 1-1-20, enacted by Laws 1979, ch. 378, § 2.