2018 New Mexico Statutes
Chapter 1 - Elections
Article 2 - Election Officers and Boards
Section 1-2-12 - Precinct board; number for each precinct.

A. For primary, general and special federal elections, the precinct board shall consist of:

(1) a presiding judge;

(2) two election judges; and

(3) one election clerk.

B. The county clerk, in appointing precinct boards for primary, general and special federal elections:

(1) shall appoint presiding judges and election judges so that at least one election judge shall not be of the same political party, if any, as the presiding judge; and

(2) may appoint teams of presiding judges and election judges for absent voter precincts, recount precinct boards and alternate voting locations, provided that each team meets the requirements pursuant to Paragraph (1) of this subsection.

C. For all other elections, the precinct board shall consist of:

(1) a presiding judge;

(2) one election judge; and

(3) one election clerk.

D. If the county clerk determines that additional election clerks are needed, the clerk may appoint such additional election clerks as the clerk deems necessary.

E. County clerk employees may be appointed to assist a precinct board.

History: 1953 Comp., § 3-2-11, enacted by Laws 1969, ch. 240, § 32; 1975, ch. 255, § 17; 1981, ch. 159, § 3; 1985, ch. 160, § 1; 1991, ch. 105, § 4; 1993, ch. 314, § 4; 1993, ch. 316, § 4; 1995, ch. 124, § 2; 2009, ch. 150, § 2; 2011, ch. 137, § 16; 2015, ch. 145, § 9.

Cross references. — For appointment of precinct board, see 1-2-6 and 1-2-10 NMSA 1978.

For qualification of board members, see 1-2-7 NMSA 1978.

The 2015 amendment, effective July 1, 2015, authorized the county clerk to appoint teams of presiding judges and election judges for recount precinct boards and authorized the county clerk to appoint county clerk employees to assist a precinct board; in Paragraph (2) of Subsection B, after "voter precincts", added "recount precinct boards"; and added Subsection E.

The 2011 amendment, effective July 1, 2011, provided the method for appointing presiding judges and election judges and eliminated the authority of election clerks to appoint additional election clerks.

The 2009 amendment, effective June 19, 2009, in Subsection B, deleted "When one voting machine is to be used in a precinct" and added "For primary, general and special federal elections"; in Subsection C, deleted "When two voting machine are to be used in a precinct" and added "For all other elections"; in Paragraph (2) of Subsection C, changed "two" to "one"; deleted "judges who shall be of different political parties" and added "judge"; in Paragraph (3) of Subsection C, changed "two" to "one"; deleted "clerks who shall be of different political parties" and added "clerk"; and deleted Subsection D, which provided for cases in which three voting machines are used.

The 1995 amendment, effective January 1, 1996, substituted "multipartisan" for "bipartisan" in the section heading; and in Subsection A, rewrote Paragraphs (2) and (3) and added Paragraph (4).

The 1993 amendment, made a minor stylistic change in Subsection E and substituted "certificate" for "affidavit" in Subsection F.

The 1991 amendment, effective April 2, 1991, deleted former Subsection E which read "Alternates for each precinct board shall be selected in the same proportion as precinct board members"; redesignated former Subsections F and G as Subsections E and F; and made a minor stylistic change in Subsection E.

County commissioners as election judges unconstitutional. — Former absent voter's law which attempted to constitute board of county commissioners as judges of election was unconstitutional as contrary to N.M. Const., art. VII, § 1, which provides that not more than two judges of election shall belong to same political party at time of their appointment. Thompson v. Scheier, 1936-NMSC-026, 40 N.M. 199, 57 P.2d 293.

Mandamus not granted after election. — Mandamus to revoke the appointment of one judge of election from the republican party and make the appointment from the democratic party would not be granted after the election as the issue had become moot. Board of Comm'rs v. Coors, 1925-NMSC-023, 30 N.M. 482, 239 P. 524.

Election judges have no tenure. — Election judges created for a specific purpose and to perform certain public duties have no definite tenure of office. Territory ex rel. Lester v. Suddith, 1910-NMSC-068, 15 N.M. 728, 110 P. 1038.

Appointment of officials for each precinct. — The appointment of election judges and other election officials for each precinct and election district is contemplated under the primary law. 1943-44 Op. Att'y Gen. No. 44-4442.