Chapter 1 — Chapter 1

History: 1953 Comp., § 3-12-94, enacted by Laws 1977, ch. 222, § 63; repealed by Laws 2009, ch. 150, § 37.

No person shall remove any paper ballot from any polling place unless authorized by law. History: 1953 Comp., § 3-12-95, enacted by Laws 1977, ch. 222, § 64; 2009, ch. 150, § 25.

A. A voter who accidentally spoils or erroneously prepares the voter's paper ballot may return the spoiled or erroneously prepared paper ballot to the presiding judge and receive a new paper ballot. B. The presiding judge in delivering the new paper ballot shall announce the name…

Immediately upon the time of the closing of the polls, the election judges and presiding judge, in the presence of those lawfully permitted to be present, shall publicly destroy all unused paper ballots. History: 1953 Comp., § 3-12-97, enacted by Laws 1977, ch. 222, § 66; 2009, c…

History: 1953 Comp., § 3-12-98, enacted by Laws 1977, ch. 222, § 67; repealed by Laws 2009, ch. 150, § 37.

A. The presiding judge and the election judges, assisted by the election clerks, shall count the number of paper ballots that were not tabulated by the electronic vote tabulator, write the number of such ballots on each copy of the certificate of returns for that polling place an…

sheets; disposition. A. After all certificates have been executed, the presiding judge and the two election judges shall place the checklist of voters and one copy of the certificate of returns in that polling place in the stamped, addressed envelope provided for that purpose and…

After all certificates have been executed, the election board shall place the bundles of tabulated paper ballots in the ballot box and the ballot box shall be closed and locked. History: 1953 Comp., § 3-12-101, enacted by Laws 1977, ch. 222, § 70; 1987, ch. 249, § 42; 2009, ch. 1…

A. If it appears that defective returns cannot be corrected without a recount of the paper ballots, the county canvassing board shall immediately notify the district court in writing. B. The district court shall fix a time and place, which shall be not more than one week after re…

A. Paper ballots marked by voters and records requisite to voting in any election shall be retained and preserved for the greater of: (1) twenty-two months from the date of the election for any election in which a federal office appears on the ballot; (2) ten months from the date…

permitted to vote upon choosing to affiliate with a party. A. A person shall not vote in a primary, general or statewide special election unless the person is a voter of the county in which the person offers to vote. A valid original certificate of registration in the county regi…

election. A. At each election day polling location, other than a consolidated precinct where any voter in the county may vote, the precinct board [election board] shall post securely at or near the entrance of the polling place one copy of an alphabetical list of voters and a map…

A. A voter whose name does not appear on the voter list and signature roster for the precinct in which the voter offers to vote shall be permitted to vote in the precinct pursuant to the federal National Voter Registration Act of 1993 and Section 1-12-8 NMSA 1978. B. The judges o…

A. The signature roster and checklist of voters for any precinct shall contain for each voter, as shown in the county register, the voter's: (1) name; (2) gender; (3) place of residence; (4) year of birth; (5) party affiliation, if any; and (6) precinct of residence. B. In additi…

distribution. A. The county clerk shall prepare and certify the accuracy of one signature roster and one checklist of voters for each precinct. The county clerk shall deliver such roster and checklist to each precinct board [election board]. The voter shall sign the signature ros…

precinct. A. The county clerk shall report to the secretary of state the vote totals in each precinct on election night. B. The county clerk shall maintain voting data by precinct that includes the number of voters who voted early in-person, absentee by mail and on election day a…

History: 1953 Comp., § 3-4-8.2, enacted by Laws 1977, ch. 222, § 7; 1978 Comp., § 1-4-10, recompiled as § 1-12-71 by Laws 2011, ch. 137, § 109; 2015, ch. 145, § 67; 2018, ch. 79, § 13; repealed by Laws 2019, ch. 212, § 284.

History: 1978 Comp., § 1-12-72, enacted by Laws 2020 (1st S.S.), ch. 2, § 2; repealed by Laws 2020 (1st S.S.), ch. 2, § 3.

A. A person shall be permitted to vote on a provisional paper ballot even though the person's original certificate of registration cannot be found in the county register or even if the person's name does not appear on the signature roster, provided: (1) the person's residence is …

registration; procedures. If a voter whose name is not in the signature roster presents the voter's receipt of the voter's certificate of registration, the voter shall be allowed to vote on a provisional paper ballot in the proper precinct in accordance with the provisions of Sec…

voter; procedures. A. A voter who requested and received an absentee ballot shall be allowed to deliver the official mailing envelope containing the voter's absentee ballot on election day to any polling location in the county in which the voter is registered if the voter present…

History: 1953 Comp., § 3-12-12, enacted by Laws 1969, ch. 240, § 248; 1978 Comp., § 1-12-9 recompiled as § 1-20-8.1 by Laws 2011, ch. 137, § 109.

History: Laws 1995, ch. 198, § 15; 1978 Comp., § 1-12-9.1 recompiled as § 1-20-13.1 by Laws 2011, ch. 137, § 109.

A. The board of county commissioners is ex officio the county canvassing board in each county. B. The board of county commissioners may designate the board of registration to serve as the county canvassing board for the county. The designation shall be made in the polling place r…

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…

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 …

The district court, upon petition of any voter, may issue a writ of mandamus to the county canvassing board to compel it to approve the report of the county canvass and certify the election returns. History: 1953 Comp., § 3-13-13, enacted by Laws 1969, ch. 240, § 315; 2019, ch. 2…

A. The county canvassing board shall meet to approve the report of the canvass of the returns and declare the results no sooner than six days and no later than ten days from the date of the election. A county canvassing board in a county with more than one hundred fifty thousand …

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 L…

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 vote…

A. The report of the state canvass shall be made from the election returns transmitted directly to the secretary of state from each of the election boards and, in the case of candidates voted upon by a district composed of two or more counties, from the certificates transmitted b…

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 …

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 di…

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.

A. If at the time the county canvassing board meets it appears that a precinct board [election board] has not delivered the election returns to the county clerk, the county canvassing board shall immediately issue a summons to bring before it the delinquent precinct board [electi…

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.

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 me…

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 th…

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 a…

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 candida…

History: 1953 Comp., § 3-13-3, enacted by Laws 1969, ch. 240, § 305; repealed by Laws 2019, ch. 212, § 284.

The county clerk shall: A. appoint an election board to conduct a machine-tabulation or hand-tally if the county clerk has received and logged any: (1) paper ballots not previously tabulated; (2) absentee ballots delivered to an election board not previously tabulated; (3) provis…

correction. A. The county canvassing board shall immediately issue a summons directed to the precinct board [election board], commanding them to forthwith appear and make the necessary corrections or supply omissions if: (1) it appears on the face of the election returns that any…

notification of secretary of state. If the county canvassing board discovers any defective returns and issues a summons for the precinct board [election board], it shall immediately notify the secretary of state both orally and in writing that the returns from the specified preci…

A. If it appears that the defective returns cannot be corrected without a recheck of the voting machines, the county canvassing board shall immediately notify the district court in writing. B. The district court shall fix a time and place which shall be not more than one week aft…

If it is necessary to open a ballot box on election night through the adjournment of the state canvass to ascertain if missing election returns are enclosed in the ballot box, the ballot box shall be opened in the presence of the presiding judge and two election judges of an elec…

A. During the official canvass of an election, the county canvassing board, upon written request of any candidate in the election or upon receipt of a written petition of twenty-five voters of the county, shall make, in the presence of the district judge, a recheck and comparison…

Any unsuccessful candidate for nomination or election to any public office may contest the election of the candidate to whom a certificate of nomination or a certificate of election has been issued. History: 1953 Comp., § 3-14-1, enacted by Laws 1969, ch. 240, § 326.

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 …

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…