2018 New Mexico Statutes
Chapter 4 - Counties
Article 38 - Board of County Commissioners
Section 4-38-21 - Creation of new precincts; petition necessary.
The board of county commissioners shall not set off or organize any new precinct for any reason other than that provided for in the Election Code [Chapter 1 NMSA 1978] unless a petition is first presented to the board, signed by at least ten percent of the registered voters resident within the boundaries of the proposed new precinct. Precincts so created shall be as compact in form and cover as small an area as practicable and shall be so established and their boundaries so fixed as to have boundaries that comply with the requirements of the Precinct Boundary Adjustment Act [1-3-10 through 1-3-14 NMSA 1978] and that serve the greatest convenience of the voters therein.
History: Laws 1876, ch. 1, § 15; C.L. 1884, § 346; C.L. 1897, § 665; Code 1915, § 1207; Laws 1921, ch. 15, § 1; 1927, ch. 95, § 1; C.S. 1929, § 33-4221; 1941 Comp., § 15-3516; 1953 Comp., § 15-37-18; Laws 1969, ch. 90, § 2; 1984 (1st S.S.), ch. 3, § 7; 1991 (1st S.S.), ch. 6, § 9.
Cross references. — For preparation and submission to secretary of state of boundary description and map upon organization of new precinct or alteration of boundaries of precinct, see 4-38-22, 4-38-23 NMSA 1978.
For precincts and polling places generally, see Chapter 1, Article 3 NMSA 1978.
The 1991 (1st S.S.) amendment, effective October 4, 1991, substituted "is first presented" for "be first presented", "at least ten percent of the registered voters" for "at least fifty voters", and "that comply with the requirements of the Precinct Boundary Adjustment Act and that" for "that are visible on the ground as shown on the standard base map provided by the secretary of state and that".
Powers of board of county commissioners as to creation or change of precincts. — The board of county commissioners of each county is empowered with the express authority to either create new precincts within the county, or to alter the boundaries of any precinct or demarcation in the county. 1961-62 Op. Att'y Gen. No. 62-17.
This section, while it prescribes certain guides to be followed by the county commissioners in fixing the boundaries and areas of new precincts, nevertheless vests certain discretion in the board of county commissioners as to precinct boundaries and areas. Furthermore, whether such creation of new precincts shall be had at all is also a matter of discretion with the board of county commissioners, and although the petitions may be proper in all manner it is not mandatory for the board of county commissioners to act favorably upon such petitions. 1957-58 Op. Att'y Gen. No. 57-240.
