2019 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.
ANNOTATIONSCourt 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.
