Chapter 1 — Chapter 1

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 impo…

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 prescrib…

History: Laws 2005, ch. 270, § 75; repealed by Laws 2009, ch. 233, § 3.

A. At least ninety days prior to each statewide election or as soon as practicable prior to an election to fill a vacancy in the office of United States representative, the secretary of state shall contract with an auditor qualified by the state auditor to audit state agencies to…

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 f…

A. Whenever any candidate believes that any error or fraud has been committed by any precinct board in counting or tallying the ballots, in the verification of the votes cast on the voting machines or in the certifying of the results of any election whereby the results of the ele…

A. An applicant for a recount shall deposit with the proper canvassing board or, in the case of an office for which the state canvassing board issues a certificate of nomination or election, with the secretary of state sufficient cash, or a sufficient surety bond, to cover the co…

A. Immediately after filing of the application for recount or recheck, or notice of an automatic recount, the appropriate canvassing board shall issue an order to the county clerk of each county where a precinct specified in the application or notice is located commanding the cou…

History: 1953 Comp., § 3-14-21, enacted by Laws 1969, ch. 240, § 346; 1977, ch. 222, § 85; repealed by Laws 2008, ch. 41, § 5.

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 pr…

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…

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.

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…

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 rech…

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 pro…

A. To ensure the accuracy of electronic vote tabulating systems, in a recount, the votes from a random selection of ballots shall be tallied by hand, and the votes from the same ballots shall be tabulated by the electronic vote tabulating systems to be used in the recount. For st…

A. An automatic recount of the vote is required when the canvass of returns indicates that the margin between the two candidates receiving the greatest number of votes for an office, the margin between those supporting and those opposing a ballot question or the margin affecting …

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 …

Any action to contest an election shall be commenced by filing a verified complaint of contest in the district court of the county where either of the parties resides. Such complaint shall be filed no later than thirty days from issuance of the certificate of nomination or issuan…

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 cost…

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.

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 cont…

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 b…

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: 195…

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 impo…

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 …

Each presidential elector shall be paid per diem for each day's attendance and mileage from his residence to the state capitol and return to his place of residence one time, as provided for state officers in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], and he shall …

Candidates for the office of United States senator shall be nominated during the year of the general election next preceding the expiration of the term of office of the United States senator whose successor is to be nominated and elected. Nominations shall be in the manner prescr…

The United States senator shall be elected at the general election next succeeding nomination for that office. History: 1953 Comp., § 3-15-12, enacted by Laws 1969, ch. 240, § 362.

The vote for the office of United States senator shall be cast, counted, returned and canvassed in the same manner as the vote is cast, counted, returned and canvassed for state officers. Upon completion of the canvass, the state canvassing board shall immediately transmit the re…

A. Immediately upon there being a vacancy in the office of United States senator, the governor shall make a temporary appointment to fill the vacancy until such time as an election is held to fill the vacancy for the unexpired term. B. The election to fill the vacancy for the une…

New Mexico is divided into three congressional districts to be known and designated as congressional district one, congressional district two and congressional district three. History: 1953 Comp., § 3-15-15, enacted by Laws 1969, ch. 240, § 365; 1982 (2nd S.S.), ch. 4, § 1; repea…

ANNOTATIONS Compiler’s notes. — The New Mexico congressional districts adopted in Jepsen v. Vigil-Giron, D-0101-CV-2001-02177 (N.M. 1st Jud. Dist. January 8, 2002) and set forth in Section 1-15-15.1 NMSA 1978, were held to be malapportioned and therefore unconstitutional in Egolf…

ANNOTATIONS Compiler’s notes. — Laws 2021 (2nd S.S.), ch. 2, § 5 directed the compiler to remove the provisions of 1-15-15.2 from the NMSA 1978, effective March 17, 2022.

A. Congressional district one is composed of Bernalillo county precincts 2 through 23, 25 through 28, 30, 39, 68, 69, 78 through 80, 83, 84, 86, 87, 89, 100 through 103, 105, 107, 108, 110, 111, 113, 114, 116, 121 through 126, 128, 129, 131 through 133, 150 through 155, 161 throu…

A. Precinct designations and boundaries used in the 2021 congressional redistricting are those precinct designations and boundaries established pursuant to the Precinct Boundary Adjustment Act and revised and approved pursuant to that act by the secretary of state as of November …

One representative in congress shall be nominated and elected from each congressional district for voting purposes. Ballots for representatives in congress shall designate the office as congressional district one, congressional district two and congressional district three. Only …

ANNOTATIONS Repeals. — Laws 1982 (3d S.S.), ch. 3, § 11, effective June 23, 1982, and Laws 1983, ch. 232, § 17, effective June 17, 1983, both repealed 1-15-17.1 NMSA 1978, which provided that the provisions of Laws 1982 (2nd S.S.), ch. 4 would be repealed in the event that either…

ANNOTATIONS Repeals. — Laws 1983, ch. 232, § 17, repealed 1-15-18 NMSA 1978, as enacted by Laws 1969, ch. 240, § 368, relating to a vacancy in the office of the United States representative in congress. For present provisions, see 1-15-18.1 NMSA 1978, effective June 17, 1983.

A. Within ten days after a vacancy occurs in the office of United States representative, the secretary of state shall, by proclamation, call an election to be held not less than seventy-seven nor more than ninety-one days after the date of the vacancy for the purpose of filling t…

"Expiring term" means a term of office which expires not later than three months after the general election at which it is filled. History: 1953 Comp., § 3-15-19, enacted by Laws 1969, ch. 240, § 369.

Presidential electors shall not be nominated at the primary election. History: 1953 Comp., § 3-15-2, enacted by Laws 1969, ch. 240, § 352.

A. In all instances where the expiring term of the office of United States senator or representative and the term next succeeding the expiring term are to be voted upon at the same general election, the same individual may be a candidate for both the expiring term and next succee…

A. If any political party convention nominates any individual to be placed on the general election ballot for the term next succeeding the expiring term, then such person nominated by the party convention shall be deemed to also be designated by the convention for the expiring te…

Notwithstanding any of the provisions of the Primary Election Law [1-8-10 to 1-8-52 NMSA 1978], a candidate for both the expiring term and the next succeeding term of the same office shall pay only the fee required of a candidate for the office for one full term of such office. H…

If the same individual is a candidate at a general election for both the expiring term and the succeeding term, his name shall appear but once on the ballot, and the name of the office, followed by the words, "full and expiring terms". History: 1953 Comp., § 3-15-23, enacted by L…

A. Any qualified political party in New Mexico desiring to have candidates for president and vice president on the general election ballot in a presidential election year shall, at a state party convention held in the year of such election, choose from the voters of the party the…

A. The names of the presidential elector nominees shall not be placed upon the general election ballot; instead, the secretary of state shall certify to the county clerks the names of persons nominated by each qualified political party for the offices of president and vice presid…

The "Agreement Among the States to Elect the President by National Popular Vote" is enacted into law and entered into on behalf of New Mexico with any and all other states legally joining therein in a form substantially as follows: "AGREEMENT AMONG THE STATES TO ELECT THE PRESIDE…

Presidential electors for the state shall perform the duties of the presidential electors required by law and the constitution of the United States. History: 1953 Comp., § 3-15-5, enacted by Laws 1969, ch. 240, § 355.