2018 New Mexico Statutes
Chapter 4 - Counties
Article 38 - Board of County Commissioners
Section 4-38-22 - Change in precincts; map.
Whenever any board of county commissioners organizes new precincts or alters the boundaries of any precinct in the county, they shall cause a map and record thereof to be made by the county clerk, specifying the names and boundaries of such precinct which map and record shall be kept in the office of the clerk.
History: Laws 1876, ch. 1, § 28; C.L. 1884, § 359; C.L. 1897, § 677; Code 1915, § 1208; C.S. 1929, § 33-4222; 1941 Comp., § 15-3517; 1953 Comp., § 15-37-19; Laws 1969, ch. 90, § 3; 1975, ch. 255, § 128.
Cross references. — For description of precinct boundaries and map generally, see 4-38-20 NMSA 1978.
For preparation and transmittal to secretary of state of boundary description and map, see 4-38-23 NMSA 1978.
For precincts and polling places generally, see Chapter 1, Article 3 NMSA 1978.
Procedure for change in precincts. — This section and 4-38-23 NMSA 1978 provide for the preparation of a map and record of the new precinct or precincts created to be filed in the office of the county clerk and for a certified statement of the names and boundaries of the precincts and demarcations so organized to be filed with the secretary of state. 1955-56 Op. Att'y Gen. No. 55-6114.
Necessity for survey. — While it is incumbent upon the board of county commissioners and the county clerk of each county to cause a map to be made specifying the boundaries of each precinct newly created or altered in its geographical area, it is not mandatory if the precinct boundaries can be accurately described and established by other means than actual survey upon the lands involved, that a survey be made over all the lands involved. It is permissive under the provisions of this section and 4-38-23 NMSA 1978 for a county to prepare a map complying with the requirements of these sections, without surveying the entire precinct if the means utilized describe and establish accurately the boundaries delineated. 1961-62 Op. Att'y Gen. No. 62-17.
