reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 13 - Post-Election Duties › Section 1-13-10 - Post-election duties; voting machine recheck; cost.

A. Before any recheck and comparison of returns and voting machines is made pursuant to Section 1-13-9 NMSA 1978, the candidate making the request, or the petitioners, shall deposit a sum of money or a surety bond made in favor of the county to defray the cost of the recheck. The state canvassing board shall determine the estimated actual cost of a recheck per voting machine no later than March 15 of even-numbered years.
B. If the recheck alters the winner of the election, the deposit or surety bond shall be returned and the cost of the recheck shall be paid by the county. If the recheck does not alter the winner of the election, the deposit or surety bond shall be forfeited and the money from the deposit or bond shall be placed in the county general fund.
History:
1953 Comp., § 3-13-11, enacted by Laws 1969, ch. 240, § 313; 1973, ch. 4, § 6; 2023, ch. 39, § 70.
ANNOTATIONS
Cross references.
— For cost of recount proceedings,
see
1-14-15 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, required the state canvassing board to determine the estimated actual cost of a voting machine recheck; in Subsection A, after "defray the cost of the recheck", deleted "The deposit or the surety bond shall be in the amount of ten dollars ($10.00) for each machine to be rechecked." and added "The state canvassing board shall determine the estimated actual cost of a recheck per voting machine no later than March 15 of even-numbered years.".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 13 - Post-Election Duties › Section 1-13-11 - Post-election duties; tie vote.

In the event of a tie vote between any candidates in the election for the same office, the determination as to which of the candidates shall be declared to have been nominated or elected shall be decided by lot. The method of determining by lot shall be agreed upon by a majority of a committee consisting of the tied candidates, the county chairmen of the political parties that participated in the election and the district judge. The county canvassing board shall issue the certificate of nomination or election to the candidate chosen by lot.
History:
1953 Comp., § 3-13-12, enacted by Laws 1969, ch. 240, § 314.
ANNOTATIONS
Cross references.
— For constitutional provision as to tie vote,
see
N.M. Const., art. V, § 2.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections §§ 411, 429.
29 C.J.S. Elections § 244.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 13 - Post-Election Duties › Section 1-13-14 - Post-election duties; opening the ballot box.

Once the ballot box has been locked by the precinct board [election board] after its first count and tally, no person shall open the ballot box or remove its contents except by court order or as otherwise provided by the Election Code.
History:
1953 Comp., § 3-13-15, enacted by Laws 1969, ch. 240, § 317; 2015, ch. 145, § 70.
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 unlawful opening of ballot box,
see
1-20-4 NMSA 1978.
The 2015 amendment,
effective July 1, 2015, required a court order to open a ballot box once the ballot box has been locked by the precinct board after its first count and tally; and after "contents except", deleted "as" and added "by court order or as otherwise".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 29 C.J.S. Elections § 226.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 13 - Post-Election Duties › Section 1-13-15 - Post-election duties; statewide election; state canvass.

A. The state canvassing board shall meet in the state capitol on the third Tuesday after each statewide election and proceed to approve the report of the canvass and declare the results of the election or nomination of each candidate voted upon by the entire state and by the voters of more than one county.
B. The state canvassing board shall also meet in the state capitol on the third Tuesday after each statewide election or special state election to approve the report of the canvass and declare the result of the vote on any constitutional amendment or any ballot question voted upon by the voters of more than one county.
C. Upon the completion of the state canvass, the secretary of state shall notify each county clerk of that fact.
History:
1953 Comp., § 3-13-16, enacted by Laws 1969, ch. 240, § 318; 1977, ch. 222, § 79; 2019, ch. 212, § 124.
ANNOTATIONS
Cross references.
— For membership and duties of the state canvassing board,
see
N.M. Const., art. V, § 2.
For canvassing returns for officers elected by more than one county,
see
N.M. Const., art. XX, § 7.
The 2019 amendment,
effective April 3, 2019, limited the section's application to statewide elections, and required the state canvassing board to meet after each statewide election or special state election to approve the report of the canvass; in the section heading, added "statewide election"; in Subsection A, after "each", added "statewide", and after "proceed to", added "approve the report of the"; and in Subsection B, after "shall also", added "meet in the state capitol on the third Tuesday after each statewide election or special state election to approve the report of the".
Enforcement not duty of board.
— Enforcement of mandate against voting by unregistered persons and counting of ballots of such persons was not the duty of state canvassing board.
Chavez v. Hockenhull
, 1934-NMSC-093, 39 N.M. 79, 39 P.2d 1027 (decided under former law).
Applicability to land grant board of trustees.
— Provisions relating to state canvassing board did not apply to election for board of trustees of land grant.
Montoya v. Gurule
, 1934-NMSC-092, 39 N.M. 42, 38 P.2d 1118 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 392 et seq.
29 C.J.S. Elections §§ 235 to 240.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 13 - Post-Election Duties › Section 1-13-17 - Post-election duties; nature of documents.

The returns and certificates sent to the secretary of state are public documents, subject to inspection during customary office hours by candidates and by the chairman of the state central committee of each political party or his accredited representative, and may be copied upon request of a candidate or state chairman.
History:
1953 Comp., § 3-13-18, enacted by Laws 1969, ch. 240, § 320.
ANNOTATIONS
Official canvass record used to determine number of signatures required.
— In determining the number of signatures required under Laws 1963, ch. 317, § 7 (now repealed) to be contained in a petition for nomination the official canvass is to be the record that is used. 1964 Op. Att'y Gen. No. 64-35 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 13 - Post-Election Duties › Section 1-13-18 - Post-election duties; state canvass; corrections.

The state canvassing board shall carefully examine all election returns and certificates issued by the county canvassing boards. If any discrepancy, omission or error appears on their face, the state canvassing board shall immediately forward such returns or certificate to the district court in which the precinct or county canvassing board is situated. The district judge upon receipt of such returns or certificate shall issue a summons to the responsible precinct board [election board] or county canvassing board, directing them to appear forthwith before him to complete or correct such returns or certificate.
History:
1953 Comp., § 3-13-19, enacted by Laws 1969, ch. 240, § 321.
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.
Tally sheets and pollbooks considered "face of the returns".
— For purpose of discovering any "discrepancy, omission, or error," and securing correction thereof in conformity with former statutes, not only certificate but also tally sheets and pollbooks were to be considered as constituting the "face of the returns" to be transmitted to secretary of state.
Chavez v. Hockenhull
, 1934-NMSC-093, 39 N.M. 79, 39 P.2d 1027 (decided under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 13 - Post-Election Duties › Section 1-13-19 - Post-election duties; proceedings for contempt.

Failure of any person to obey any summons required to be issued by, or issued pursuant to, the Election Code [Chapter 1 NMSA 1978] is contempt and is punishable as provided by law.
History:
1953 Comp., § 3-13-20, enacted by Laws 1969, ch. 240, § 322.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Inability to comply with judgment or order as defense to charge of contempt, 22 A.L.R. 1256, 31 A.L.R. 649, 40 A.L.R. 546, 76 A.L.R. 390, 120 A.L.R. 703.
Mandamus, contempt for disobedience of, 30 A.L.R. 148.
Contempt, degree of proof necessary in proceeding based on, 49 A.L.R. 975.
Punishment of election officers for contempt, 64 A.L.R. 1019.
Right to punish for contempt for failure to obey court order or decree either beyond power or jurisdiction of court or merely erroneous, 12 A.L.R.2d 1059.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 13 - Post-Election Duties › Section 1-13-20 - Post-election duties; expense of corrections.

The expense of any proceeding to complete or correct any returns or certificate shall be paid from the county general fund upon voucher signed by the county clerk.
History:
1953 Comp., § 3-13-21, enacted by Laws 1969, ch. 240, § 323; 1973, ch. 4, § 7.
ANNOTATIONS
Cross references.
— For cost of recount proceedings,
see
1-14-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 13 - Post-Election Duties › Section 1-13-21 - Clearing voting systems; transferring ballots.

A. The county clerk shall not clear the votes recorded on the removable storage media devices until at least forty-five days after adjournment of the county or state canvassing board, whichever is later.
B. The county clerk shall not clear and shall keep locked those removable media storage devices from voting systems used to tabulate votes for precincts where a recount, judicial inquiry or inspection is sought, subject to order of the district court or other authority having jurisdiction of the contest or inspection.
C. Beginning forty-five days after the adjournment of the state or county canvassing board, whichever is later, or forty-five days after completion of a recount or judicial inquiry, the county clerk may transfer ballots from the locked ballot boxes for disposition pursuant to Section 1-12-69 NMSA 1978.
History:
1953 Comp., § 3-13-22.1, enacted by Laws 1971, ch. 317, § 21; 1981, ch. 153, § 1; 2007, ch. 337, § 15; 2011, ch. 137, § 102; 2015, ch. 145, § 71; 2019, ch. 212, § 126.
ANNOTATIONS
Cross references.
— For unlawful opening of a voting machine,
see
1-20-5 NMSA 1978.
The 2019 amendment,
effective April 3, 2019, revised the date after which the county clerk may clear the votes record on a removable storage media device; and in Subsection A, after "adjournment of the", added "county or", and after "state canvassing board,", added "whichever is later".
The 2015 amendment,
effective July 1, 2015, amended the period of time that the county clerk must preserve votes recorded on a removable storage media device from thirty to forty-five days, and amended the procedures providing for transferring ballots from the locked ballot boxes for disposition pursuant to Section 1-12-69 NMSA 1978; in the catchline, added "transferring ballots"; in Subsection A, after "at least", deleted "thirty" and added "forty-five"; and added Subsection C.
The 2011 amendment,
effective July 1, 2011, prohibited the county clerk from clearing votes recorded on the removable storage media devices until thirty days after adjournment of the canvassing board or when there is a recount, judicial inquiry, or inspection is sought; and eliminated the requirement that the county clerk notify county chairs of each political party before clearing voting system memory cards.
The 2007 amendment,
effective July 1, 2007, provided for clearing the votes recorded on memory cards; requires the county clerk to keep locked memory cards where a recount, judicial inquiry or inspection is sought; and deleted the provision that required the county clerk to obtain an order from the district court to use a voting machine before the expiration of the thirty-day period after adjournment of the canvassing board.
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 13 - Post-Election Duties › Section 1-13-22 - Post-election duties; responsibility for voting machines.

After the election, the county clerk shall have custody of the voting machines. The county clerk shall furnish all necessary protection to see that the transported and stored voting machines are not tampered with or damaged. The county clerk shall take the proper action to see that the voting machines are not tampered with or damaged during the time the machines are at the polling places.
History:
1953 Comp., § 3-13-23, enacted by Laws 1969, ch. 240, § 325; 1971, ch. 317, § 22; 1977, ch. 222, § 81; 1991, ch. 106, § 11.
ANNOTATIONS
Cross references.
— For custody of voting machines,
see
1-9-12 NMSA 1978.
The 1991 amendment,
effective April 2, 1991, rewrote the first sentence which read "After the election, the county clerk shall see that the voting machines are turned back to the custody of the board of county commissioners" and substituted "county clerk" for "board of county commissioners" in the second sentence.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 13 - Post-Election Duties › Section 1-13-23 - Post-election duties; records.

A. The returns and certificates of the result of the county canvass are public documents, subject to inspection and retention as provided by Section 1-12-69 NMSA 1978. The certificate of results of the canvass of the election shall, forty-five days after the election or recount after any contest has been settled by the court, be preserved as a permanent record in the state records center. A copy of the certificate of results of the canvass of the election shall be preserved as a permanent record in the office of the county clerk in a separate book maintained for recording the results of elections.
B. The returns and certificates of the result of the state canvass are public documents, subject to inspection and retention as provided by Section 1-12-69 NMSA 1978. The certificate of results of the canvass of the election shall, forty-five days after the election or recount after any contest has been settled by the court, be preserved as a permanent record in the state records center. A copy of the certificate of results of the canvass of the election shall be preserved as a permanent record in the office of the secretary of state in a separate book maintained for recording the results of elections.
History:
1978 Comp., § 1-22-17, enacted by Laws 1985, ch. 168, § 19; 1987, ch. 249, § 50; repealed and reenacted by Laws 2018, ch. 79, § 30; recompiled and amended as § 1-13-23 by Laws 2019, ch. 212, § 127.
ANNOTATIONS
Recompilations. —
Laws 2019, ch. 212, § 127 recompiled and amended former 1-22-17 NMSA 1978 as 1-13-23 NMSA 1978, effective April 3, 2019.
Repeals and reenactments.
— Laws 2018, ch. 79, § 30 repealed 1-22-17 NMSA 1978 and enacted a new section effective July 1, 2018.
Cross references.
— For the state records center,
see
14-3-8 NMSA 1978.
The 2019 amendment,
effective April 3, 2019, provided that the returns and certificates of the result of a state canvass are public documents and subject to inspection and retention; in Subsection A, after "result of the", added "county", and after "canvass", deleted "of a regular or special local election"; and added Subsection B.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 13 - Post-Election Duties › Section 1-13-24 - Post-election duties; unopposed write-in candidates.

A. In a general election, the proper canvassing board shall not certify the election of an unopposed write-in candidate unless the candidate receives at least the number of write-in votes equal to two percent of the total vote in the state, district or county in which the candidate seeks election that were cast for governor in the last preceding general election in which a governor was elected.
B. In a regular local election, the secretary of state shall not issue a certificate of election to an unopposed write-in candidate unless the candidate receives either one hundred votes or the number of write-in votes equal to at least ten percent of the total number of ballots on which the office appears that are cast in the regular local election.
C. In a primary election, the proper canvassing board shall not certify the nomination of an unopposed write-in candidate unless the candidate receives at least the number of write-in votes in the primary election as the write-in candidate would need for signatures on a nominating petition pursuant to the requirements set out in Section 1-8-33 NMSA 1978.
D. In an election to fill a vacancy in the office of United States representative, the state canvassing board shall not certify the election of an unopposed write-in candidate unless the candidate receives at least the number of write-in votes equal to two percent of the total vote in the congressional district in which the candidate seeks election that were cast for governor in the last preceding general election in which a governor was elected.
History:
Laws 2019, ch. 212, § 128.
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 14 - Contests and Recounts › Section 1-14-2 - Contest of elections; status of person holding certificate.

In case of a contest of an election, the person holding the certificate of election shall take possession and discharge the duties of the office until the contest is decided.
History:
1953 Comp., § 3-14-2, enacted by Laws 1969, ch. 240, § 327.
ANNOTATIONS
Court not bound by certificate excluding returns.
— Certificate of county canvassing board that contestee had been duly elected did not bind district court when certificate improperly excluded returns from a questioned precinct because unregistered persons supposedly voted and it affirmatively appeared that number of unregistered votes cast was not enough to alter the election result.
Miera v. Martinez
, 1944-NMSC-005, 48 N.M. 30, 145 P.2d 487 (decided under former law).
Person holding certificate takes possession and discharges duties of office.
— Election of justices of peace (now magistrates) may be contested before probate judge, and contest must be heard and determined in summary manner; pending such contest, person holding certificate of election takes possession and discharges duties of office.
Quintana v. Tompkins
, 1853-NMSC-001, 1 N.M. 29,
overruled on other grounds
,
Arellano v. Chacon
, 1859-NMSC-002, 1 N.M. 269, (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Right of one holding certificate of election to take office as against incumbent whose term has expired, notwithstanding election contest, 81 A.L.R. 620.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-4 - Contest of election; judgment; effect; costs.

Judgment shall be rendered in favor of the party for whom a majority of the legal votes shall be proven to have been cast, and shall be to the effect that he is entitled to the office in controversy with all the privileges, powers and emoluments belonging thereto and for his costs. If the contestant prevails he shall have judgment placing him in possession of the contested office and for the emoluments thereof from the beginning of the term for which he was elected and for his costs.
History:
1953 Comp., § 3-14-12, enacted by Laws 1969, ch. 240, § 337.
ANNOTATIONS
Cross references.
— For cost of recount proceedings,
see
1-14-15 NMSA 1978.
Purpose.
— This section was intended to place the successful contestant of a general election into the office to which he is entitled. In the words of the statute, there is no "office in controversy" when the results of a primary are contested. It is the legal entitlement to the certificate of nomination which is in controversy.
Eturriaga v. Valdez
, 1963-NMSC-123, 109 N.M. 205, 784 P.2d 24.
A primary election contest becomes moot,
as a general rule, if not finally determined prior to the balloting in the general election.
Eturriaga v. Valdez
, 1963-NMSC-123, 109 N.M. 205, 784 P.2d 24.
Advanced and paid costs may be adjudged.
— The costs advanced and paid by the contestant are the only costs which may be adjudged against the contestee.
Montoya v. McManus
, 1961-NMSC-060, 68 N.M. 381, 362 P.2d 771.
Judgment on pleadings when no answer filed.
— District court properly rendered a judgment on the pleadings when contestee in election contest did not file and serve answer to notice of contest within 20 days from service of notice as required by former statute.
Ostic v. Stephens
, 1951-NMSC-063, 55 N.M. 497, 236 P.2d 727.
May recover salary by judgment.
— By judgment placing successful contestant in possession of the office, he may also recover from the ousted official the salary which has been paid to him. 1931 Op. Att'y Gen. No. 31-109 (decided under 1929 Comp. § 41-611).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections §§ 453, 459.
Attorney's fees to successful party in election contest, validity of statute allowing, 11 A.L.R. 884, 90 A.L.R. 530.
Costs or reimbursement for expenses incident to election contest or recount, 106 A.L.R. 928.
29 C.J.S. Elections §§ 302 to 307, 319.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-5 - Contest of election; appeal.

An appeal shall lie from any judgment or decree entered in the contest proceeding to the supreme court of New Mexico within the time and in the manner provided by law for civil appeals from the district court.
History:
1953 Comp., § 3-14-13, enacted by Laws 1969, ch. 240, § 338.
ANNOTATIONS
Cross references.
— For appeals to the supreme court,
see
39-3-2 NMSA 1978.
County official recall elections.
— The Election Code does not expressly cover an appeal of a decision concerning a county official recall election filed before the election occurred, because is was not, when filed, a contest of an election.
Sparks v. Graves
, 2006-NMCA-030, 139 N.M. 143, 130 P.3d 204.
Constitutional power of superintending control used where appeal inadequate.
— Since the right to vote of large segments of the population would remain undetermined unless a case is at least allowed to proceed beyond its present initial stage, as distinguished from the ordinary election contest, involving more appealable issues, the power of superintending control, described in N.M. Const., art. VI, § 3, may be exercised. In cases (1) where the remedy by appeal seems wholly inadequate, and (2) where the use of the power is necessary to prevent irreparable mischief, great, extraordinary or exceptional hardship, costly delays and unusual burdens of expense, it may be exercised.
Montoya v. McManus
, 1961-NMSC-060, 68 N.M. 381, 362 P.2d 771.
Election contest judgments reviewable under appeal, not writ of error.
— Judgments in election contest cases could be reviewed in supreme court only under statute authorizing appeal, and writs of error did not lie to review such judgments under Laws 1917, ch. 43, §§ 1, 2, 4 (39-3-2, 39-3-15 and 39-3-5 NMSA 1978).
Hannett v. Mowrer
, 1927-NMSC-018, 32 N.M. 231, 255 P. 636.
Appeal deemed inadequate remedy in prohibition proceeding.
— Prohibition proceeding to prevent district court's entertaining contest proceeding for office of district attorney was not denied on ground that there was adequate remedy by appeal, such remedy being deemed inadequate.
Crist v. Abbott
, 1917-NMSC-009, 22 N.M. 417, 163 P. 1085.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 454 et seq.
29 C.J.S. Elections §§ 308 to 318.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-6 - Contest of election; preservation of ballots.

Either the contestant or contestee, within the time provided by the Election Code for the preservation of ballots, may give written notice with delivery confirmation to the county clerk of those counties wherein the contestant or contestee wishes the ballots preserved that a contest is pending in a designated court, and thereupon it is the duty of the county clerk to preserve the ballots of all precincts named in the notice of contest and answer until the contest has been finally determined.
History:
1953 Comp., § 3-14-14, enacted by Laws 1969, ch. 240, § 339; 2015, ch. 145, § 72.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, amended the procedures for requesting preservation of ballots when there is contest of election; and after "may give", added "written", after "notice", deleted "by registered mail" and added "with delivery confirmation", and after "counties wherein", deleted "he" and added "the contestant or contestee".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Custody of ballots since original count, determination of facts as condition of recount, 71 A.L.R. 435.
29 C.J.S. Elections § 234.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-7 - Contest of election; disqualification of trial judge.

Any election contest shall be an action or proceeding within the meaning of Section 38-3-9 NMSA 1978. Any affidavit of disqualification shall be filed on or before the date when the answer is required to be filed to the notice of contest.
History:
1953 Comp., § 3-14-15, enacted by Laws 1969, ch. 240, § 340.
ANNOTATIONS
Cross references.
— For constitutional grounds for designation of judge by agreement or by chief justice,
see
N.M. Const., art. VI, § 15.
For constitutional grounds for disqualification of judges,
see
N.M. Const., art. VI, § 18.
For change of judge, affidavit of disqualification and selection of judge,
see
38-3-9 NMSA 1978.
For disqualification of judge and failure to agree on another,
see
Rule 1-088.1 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 46 Am. Jur. 2d Judges § 207 et seq.
Timeliness of affidavit of disqualification of trial judge under 28 USCS § 144, 141 A.L.R. Fed. 271.
48 C.J.S. Judges § 94.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-8 - Impounding ballots; ballots defined.

As used in Sections 1-14-9 through 1-14-12 NMSA 1978, "ballots" includes tally sheets, registration certificates, paper ballots, absentee ballots, statements of canvass, absentee ballot applications and absentee ballot registers, but does not include voting machines.
History:
1953 Comp., § 3-14-16, enacted by Laws 1971, ch. 249, § 1; 1987, ch. 249, § 44; 1987, ch. 327, § 17; 1991, ch. 105, § 39; 1993, ch. 314, § 57; 1993, ch. 316, § 57.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 249, § 1 repealed former 3-14-16, 1953 Comp., relating to contest of election, impounding ballots, and enacted a new 3-14-16, 1953 Comp.
1993 amendments.
— Identical amendments to this section were enacted by Laws 1993, ch. 314, § 57 and Laws 1993, ch. 316, § 57, both effective June 18, 1993 which substituted "certificates" for "affidavits" and made a minor stylistic change. The section was set out as amended by Laws 1993, ch. 316, § 57.
See
12-1-8 NMSA 1978.
The 1991 amendment,
effective April 2, 1991, substituted "include tally sheets" for "includes poll books, tally books, affidavits for assistance".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-9 - Impounding ballots; application for court order; deposit required.

A. Upon an order of the district court, ballots may be impounded during the period of time between the completion of the county canvass and the last day to file a candidate contest in that election.
B. Any candidate in an election may petition the district court for an order impounding ballots in one or more precincts or polling places within which the candidate's name appeared on the ballot. The action shall be brought in the district court for the county in which the precincts or polling places are located. The petition shall state what specific items of ballots are requested to be impounded. Upon receipt of the petition, along with a sufficient cash deposit or a sufficient surety bond to cover the costs of each precinct or polling place for which impoundment is demanded, the court shall issue an order of impoundment.
C. Ballots shall be impounded in the county courthouse or secured in the county clerk's office. When impounded ballots are being handled, a county clerk or the clerk's agent shall be present to ensure that all documents are properly catalogued and returned in proper order.
D. The state canvassing board shall determine the estimated actual cost of impoundment per polling place and for mailed ballots no later than March 15 of even-numbered years. The secretary of state shall post the impoundment cost determinations on the secretary of state's website when the state canvassing board issues its cost determinations.
History:
1953 Comp., § 3-14-16.1, enacted by Laws 1971, ch. 249, § 2; 2023, ch. 39, § 71.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, amended requirements for ballot impoundment, required the canvassing board to determine the estimated actual cost of impoundment per polling place and for mailed ballots, and required the secretary of state to post the impoundment cost determinations on the secretary of state's website; added a new Subsection A; in Subsection B, after "one or more precincts", added "or polling places", after "within which", deleted "he is a candidate" and added "the candidate's name appeared on the ballot", after "in which the precincts", added "or polling places", and after "cash deposit", deleted "of twenty-five dollars ($25.00) per precinct" and added "or a sufficient surety bond to cover the costs of each precinct or polling place for which impoundment is demanded"; and added Subsections C and D.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-10 - Order of impoundment; contents.

The court order of impoundment shall specify the items of ballots to be impounded and shall direct the state police to:
A. take immediate physical custody of any items ordered impounded and not in use in the precinct in the conduct of the election;
B. take legal custody of items ordered impounded and being used in the conduct of the election by assigning an officer to be physically present in the precinct polling place until the polling place is closed and the results in the precinct have been tallied and certified as required by the Election Code [Chapter 1 NMSA 1978];
C. take physical custody of items ordered impounded and being used in the conduct of the election as soon as the polling place is closed and the results in the precinct have been tallied and certified as required by the Election Code; and
D. deliver all items ordered impounded and taken into physical custody to the district court clerk of the court entering the order for safekeeping subject to further orders of the court.
History:
1953 Comp., § 3-14-16.2, enacted by Laws 1971, ch. 249, § 3.
ANNOTATIONS
Cross references.
— For use of state police in conduct of election,
see
1-12-5 NMSA 1978.
For closing of polls,
see
1-12-26 NMSA 1978.
For counting and tallying,
see
1-12-29 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-11 - Impoundment; subsequent orders; access; termination of order.

A. The party petitioning the court for the original order of impoundment may by motion to the court request an order allowing the party or his attorney access to and inspection of any items impounded. The court shall enter its order allowing access and inspection under conditions set by the court that will assure adequate safeguarding of the impounded items. The order shall, if requested by the petitioner, allow for the copying or reproduction of any items by and at the expense of the petitioner.
B. Ten days from the date of the original order of impoundment or, if an order granting access and inspection has been entered, ten days after that order, the order of impoundment shall automatically terminate unless the court extends the time for good cause shown. The court shall in all cases order the impoundment of ballots terminated no later than thirty days after the entry of the original order of impoundment.
C. Upon the termination of an impoundment of ballots the items impounded shall be delivered by the district court clerk to the person that would have been entitled to the possession of the items under the Election Code [Chapter 1 NMSA 1978] if there had been no impoundment.
History:
1953 Comp., § 3-14-16.3, enacted by Laws 1971, ch. 249, § 4.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-12 - Disposition of deposit in impoundment proceedings.

If the petitioner shall successfully prosecute an election content [contest] or recount proceeding that results in a change in his favor the court shall refund to him the deposit required under Section 1-14-9 NMSA 1978 less any amount expended for guarding and preserving the impounded ballots. In all other cases there shall be no refund. Any amounts not refunded shall be transmitted to the state treasurer for credit to the state general fund.
History:
1953 Comp., § 3-14-16.4, enacted by Laws 1971, ch. 249, § 5.
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 14 - Contests and Recounts › Section 1-14-13 - Post-election duties; proof that no corruption occurred; rejection of ballots.

A. In any election contest a prima facie showing that the precinct board [election board] of any precinct has failed to substantially comply with the provisions of the Election Code [Chapter 1 NMSA 1978] that protect the secrecy and sanctity of the ballot and prescribe duties of the precinct board [election board] during the conduct of election, shall cast upon the candidates of the political party having majority representation on the precinct board [election board] the burden of proving that no fraud, intimidation, coercion or undue influence was exerted by such members of the precinct board [election board], and that the secrecy and purity of the ballot was safeguarded and no intentional evasion of the substantial requirements of the law was made.
B. Upon failure to make such a showing upon which the court shall so find, the votes of that entire precinct shall be rejected; provided, that no such rejection shall be made where it appears to the court that the members of the precinct board [election board] ignored the requirements of the Election Code with the probable interest of procuring the rejection of the entire vote in the precinct.
History:
1953 Comp., § 3-14-17, enacted by Laws 1969, ch. 240, § 342.
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 constitutional provision as to securing the secrecy of the ballot and purity of election,
see
N.M. Const., art. VII, § 1.
Ballot errors by county clerks.
— Although the statute applied to precinct boards, where the county clerk omitted a candidate's name from the ballot, and there was no fraud, the court drew an analogy from this section to order the entire vote of the affected precinct rejected.
Gunaji v. Macias
, 2001-NMSC-028, 130 N.M. 734, 31 P.3d 1008.
Constitutional amendment election.
— There are no lawful grounds for a recount in New Mexico of a constitutional amendment election. 2004 Op. Att'y Gen. No. 04-01.
Law reviews. —
For note, "Why Gunaji v. Macias Matters to Candidates and Voters: Its Impact on New Mexico Election Law", see 33 N.M.L. Rev. 431 (2003).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections §§ 328, 417.
29 C.J.S. Elections §§ 201(2), 249.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-13.1 - Repealed.

History:
Laws 2005, ch. 270, § 75; repealed by Laws 2009, ch. 233, § 3.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 233, § 3 repealed 1-14-13.1 NMSA 1978, as enacted by Laws 2005, ch. 270, § 75, relating to post-election duties, random voting system checks and recounts, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-13.3 - General election audit.

The secretary of state shall issue rules for the conduct and procedures of the post-election voting system check, set minimum qualifications for auditors eligible for selection to conduct post-election evaluations of the accuracy of voting systems and approve the contract terms for auditors. The state auditor shall review the rules, qualification standards and contract terms to ensure they meet audit standards.
History:
Laws 2009, ch. 233, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 233 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-17 - Repealed.

History:
1953 Comp., § 3-14-21, enacted by Laws 1969, ch. 240, § 346; 1977, ch. 222, § 85; repealed by Laws 2008, ch. 41, § 5.
ANNOTATIONS
Repeals.
— Laws 2008, ch. 41, § 5 repealed 1-14-17 NMSA 1978, as enacted by Laws 1969, ch. 240, § 346, relating to recount and recheck proceedings, effective May 14, 2008. For provisions of former section,
see
the 2007 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-18 - Recount; recheck; recanvass by canvassing boards.

A. Immediately upon receipt of the certificate of recount or recheck from all the recount precinct boards [election boards] making a recount or recheck, the proper canvassing board shall meet and recanvass the returns for the office in question.
B. In making the recanvass, the proper canvassing board shall be bound by the certificates of recount or recheck from the recount precinct boards [election boards] instead of the original returns from the precinct boards [election boards].
C. After the recanvass, if it appears that fraud or error has been committed sufficient to change the winner of the election, then the proper canvassing board shall revoke the certificate of nomination or election already issued to any person for that office and shall issue a certificate of nomination or election in favor of the person receiving a plurality of the votes cast at the election as shown by the recount or recheck, and such certificate shall supersede all others and entitle the holder to the same rights and privileges as if such certificate had been originally issued by the canvassing board.
History:
1953 Comp., § 3-14-22, enacted by Laws 1969, ch. 240, § 347; 1977, ch. 222, § 86; 2008, ch. 41, § 4; 2015, ch. 145, § 75.
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 2015 amendment,
effective July 1, 2015, substituted absent voter precinct board with recount precinct board; in Subsection A, after "recheck from all the", deleted "absent voter" and added "recount"; and in Subsection B, after "recheck from the", deleted "absent voter" and added "recount".
The 2008 amendment,
effective May 14, 2008, changed "precinct boards" to "absent voter precinct boards".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 399.
Statutory provisions relating to form or manner in which election returns from voting districts or precincts are to be made, 106 A.L.R. 398.
29 C.J.S. Elections § 239.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-19 - Recount; recheck; candidate for district judge.

If a recount or recheck is demanded on the election of a district judge and the judge of the district was a candidate for partisan office at the election, the chief justice of the supreme court shall designate a district judge who shall act in such proceedings.
History:
1953 Comp., § 3-14-23, enacted by Laws 1969, ch. 240, § 348; 1977, ch. 222, § 87; 2015, ch. 145, § 76.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, clarified that the provision applies to a candidate for a partisan office; and after "candidate", added "for partisan office".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-20 - Recounts; rechecks; appointment of a special master.

If the judge of the district court for the county, or any judge designated in his place, cannot be present at any recount or recheck on the day set, he shall appoint a member of the bar to act for him.
History:
1953 Comp., § 3-14-24, enacted by Laws 1969, ch. 240, § 349; 1977, ch. 222, § 88.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-21 - Recounts; rechecks; mandamus.

If the state canvassing board, the county canvassing board, secretary of state, county clerk or any member of a precinct board [election board] fails or refuses to do or perform any of the acts required of them pertaining to recounts or rechecks, the applicant for recount or recheck may apply to any district court, the court of appeals or the supreme court of New Mexico for writ of mandamus to compel the performance of the required act and such court shall entertain such application.
History:
1953 Comp., § 3-14-25, enacted by Laws 1969, ch. 240, § 350; 1977, ch. 222, § 89.
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 mandamus to compel canvass,
see
1-13-12 NMSA 1978.
For writ of mandamus generally,
see
44-2-1 NMSA 1978 et seq.
Writ properly discharged when necessary persons not made parties.
— Presence of both county clerk and district judge was necessary for a lawful recount, and a writ of mandamus to compel recount was properly discharged since neither county clerk nor district judge or his duly appointed representative was a party.
Chavez v. Baca
, 1943-NMSC-052, 47 N.M. 471, 144 P.2d 175 (decided under former law).
Supreme court was without jurisdiction to mandate
district judge to certify that recount of ballots was made in his presence, since his status in performance of such duty was not that of a state officer, board, commission or of an inferior court.
State ex rel. Scott v. Helmick
, 1930-NMSC-103, 35 N.M. 219, 294 P. 316 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 462.
Mandamus to put one in office, title to which is in dispute, 84 A.L.R. 1114, 136 A.L.R. 1340.
Determination of canvassing board or election official as regards counting or exclusion of ballots as subject of review by mandamus, 107 A.L.R. 618.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-22 - Contests and recounts; provisional, absentee and other paper ballots; use of ballot images.

A. The secretary of state shall issue rules governing and allowing procedures for reviewing the qualification of provisional ballot envelopes, absentee and other paper ballots in the case of a contest or recount of election results. All rejected provisional paper ballot envelopes shall be included in any contest or recount of election results, and a review of the qualification of provisional ballot envelopes shall occur in a recount.
B. Upon petition by the secretary of state or a county clerk, the district court may permit a review of ballot images in place of paper ballots whenever there are defective or missing returns in an election and when the voting system technology captures an image of each ballot in an election.
History:
Laws 2005, ch. 270, § 76; 2007, ch. 336, § 19; 2019, ch. 212, § 129.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, authorized the district court to permit, upon petition by the secretary of state, a review of ballot images in place of paper ballots; in the section heading, added "use of ballot images"; and added Subsection B.
The 2007 amendment,
effective April 2, 2007, eliminated references to recheck.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 14 - Contests and Recounts › Section 1-14-25 - Automatic recounts; expenses.

The secretary of state shall reimburse the counties for the costs of conducting an automatic recount with money appropriated to the secretary. In the event that current year appropriations to the secretary of state do not cover the cost of an automatic recount, the secretary may apply to the state board of finance for an emergency grant to cover those costs pursuant to Section 6-1-2 NMSA 1978.
History:
Laws 2008, ch. 41, § 2.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 41 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 14, 2008, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-1 - Presidential electors; notification of state chairmen.

On or before June 1 of each year in which the president and vice president of the United States are to be elected, the secretary of state shall send written notice to the state chairman of each qualified political party in New Mexico setting forth the method and requirements for nominating and electing presidential electors in this state at the general election.
History:
1953 Comp., § 3-15-1, enacted by Laws 1969, ch. 240, § 351.
ANNOTATIONS
Cross references.
— For qualified political party,
see
1-1-10 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections § 5.
Presidential and vice presidential electors, nomination of, 153 A.L.R. 1066.
Withdrawal of nomination, power of political party as to, 155 A.L.R. 186.
91 C.J.S. United States § 28.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 15 - Presidential Electors, Senators, Congressmen and Expiring Terms › Section 1-15-2 - Presidential electors; primary election.

Presidential electors shall not be nominated at the primary election.
History:
1953 Comp., § 3-15-2, enacted by Laws 1969, ch. 240, § 352.
ANNOTATIONS
Cross references.
— For Primary Election Law not applying to presidential electors,
see
1-8-17 NMSA 1978.
For Presidential Primary Act,
see
1-8-53 to 1-8-63 NMSA 1978.