2018 New Mexico Statutes
Chapter 1 - Elections
Article 13 - Post-Election Duties
Section 1-13-16 - Post-election duties; state canvass method.
A. The state canvass shall be made from the election returns transmitted directly to the secretary of state from each of the precinct boards and, in the case of candidates voted upon by a district composed of two or more counties, from the certificates transmitted by the county canvassing boards.
B. Upon the completion of the canvass, but not sooner than the thirty-first day after any primary, general or district special election, the state canvassing board shall issue to those candidates entitled by law the appropriate certificate of election or, in the case of a primary election, a certificate of nomination.
C. The state canvassing board may designate a person or persons to compare the totals appearing on the election returns, statements of canvass and certificates and to certify the results of their findings to the state canvassing board.
History: 1953 Comp., § 3-13-17, enacted by Laws 1969, ch. 240, § 319; 1977, ch. 222, § 80; 1979, ch. 378, § 16.
Cross references. — For ballots cast by unregistered or otherwise unqualified electors not to be canvassed, see 1-4-1 NMSA 1978.
Since not possible to determine for whom unregistered persons had voted, state canvassing board acted correctly in taking position that it could not throw out all of the votes of six precincts when doing so could not change result of election. Reese v. Dempsey, 1944-NMSC-057, 48 N.M. 485, 153 P.2d 127.
Certificate of election furnishes prima facie right to office only, and in a canvass of returns no one is foreclosed thereby if any other statutory remedy, including recount or contest remains available. Reese v. Dempsey, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157.
Party affiliation to be included in index of registered electors. — In providing for an index of registered electors, legislature intended not merely that state canvassing board be provided with names and addresses of registrants, but that their party affiliation also be included. Reese v. Dempsey, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157.
Board may initiate mandamus for indexes. — State canvassing board could initiate mandamus proceedings to aid in obtaining certified lists or indexes of voters from county clerks. Reese v. Dempsey, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157.
Mandamus for board to procure indexes not too broad. — An alternative writ of mandamus which commanded state canvassing board to procure from county clerks of designated counties indexes of registered voters, showing their names, addresses and party affiliations, duly certified, was not too broad. Reese v. Dempsey, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157.
State board may deduct unregistered votes though it arrived at ultimate fact of right to vote through findings of a judicial officer. Reese v. Dempsey, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157.
Certified copies of registration lists not part of returns. — Under former statute, certified copies of registration lists filed with secretary of state were not part of "returns" required to be canvassed by state canvassing board. Chavez v. Hockenhull, 1934-NMSC-093, 39 N.M. 79, 39 P.2d 1027.
