2018 New Mexico Statutes
Chapter 4 - Counties
Article 38 - Board of County Commissioners
Section 4-38-23 - Change in precincts; certificates and map to secretary of state.
The county clerk of each county shall, as often as a new precinct shall be organized in his county or the boundaries of any precinct shall be altered, within thirty days, make out and transmit to the secretary of state a certified statement of the names and boundaries of the precincts so organized, and of the boundaries of any precinct the boundaries of which shall have been altered, and a copy of a map showing such organizations or alterations.
History: Laws 1876, ch. 1, § 32; C.L. 1884, § 363; C.L. 1897, § 682; Code 1915, § 1239; C.S. 1929, § 33-4305; 1941 Comp., § 15-3518; 1953 Comp., § 15-37-20; Laws 1969, ch. 90, § 4; 1975, ch. 255, § 129.
Cross references. — For description of precinct boundaries and map generally, see 4-38-20 NMSA 1978.
For duty of board of county commissioners to cause preparation of boundary description and map, see 4-38-22 NMSA 1978.
For precincts and polling places generally, see Chapter 1, Article 3 NMSA 1978.
Procedure for change in precinct. — Section 4-38-22 NMSA 1978 and this section 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 4-38-22 NMSA 1978 and this section 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.
