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. ANNOTATIONS Cross references. — For quo warranto proceedings not affecting […]
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 […]
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 […]
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. […]
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 […]
History: Laws 2005, ch. 270, § 75; repealed by Laws 2009, ch. 233, § 3.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 — Laws 2009, ch. 233, § 3 repealed 1-14-13.1 NMSA 1978, as enacted by Laws 2005, ch. 270, § 75, relating to post-election duties, random voting system checks and recounts, effective June 19,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 […]
A. At least ninety days prior to each general election, the secretary of state shall contract with an auditor qualified by the state auditor to audit state agencies to oversee a check on the accuracy of precinct electronic vote tabulators, alternate voting location electronic vote tabulators and absent voter precinct electronic vote tabulators. The voting […]
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 […]
A. Whenever any candidate believes that any error or fraud has been committed by any precinct board [election 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 election in the precinct […]
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 cost of a recount for each precinct […]
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 county clerk to convene a recount precinct board [election board] […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 statewide and federal office, the number […]
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 outcome of a nonpartisan judicial retention election is […]
