2019 New Mexico Statutes
Chapter 1 - Elections
Article 13 - Post-Election Duties
Section 1-13-16 - Post-election duties; secretary of state duties.
A. The report of the state canvass shall be made from the election returns transmitted directly to the secretary of state from each of the election 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. The secretary of state shall prepare the report of the state canvass; provided that 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.
B. Upon approval of the report of the state canvass, but not sooner than the thirty-first day after any primary or general election, the secretary of state 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. Upon receipt of the reports of the county canvass of a local election from each county, the secretary of state shall:
(1) not sooner than the twenty-fourth day after a regular local election, issue to those candidates entitled by law the appropriate certificate of election;
(2) not sooner than the seventh day following a top-two runoff election and no later than the last business day before the first day of the new term of office, issue to those candidates entitled by law the appropriate certificate of election; and
(3) no later than the seventeenth day following a special local election in which votes were cast by the voters of more than one county, declare the result of the vote on any ballot question and issue a certificate of canvass of the results of the special election.
History: 1953 Comp., § 3-13-17, enacted by Laws 1969, ch. 240, § 319; 1977, ch. 222, § 80; 1979, ch. 378, § 16; 2019, ch. 212, § 125.
ANNOTATIONSCross references. — For ballots cast by unregistered or otherwise unqualified electors not to be canvassed, see 1-4-1 NMSA 1978.
The 2019 amendment, effective April 3, 2019, provided additional post-election duties for the secretary of state; in the section heading, deleted "state canvass method" and added "secretary of state"; in Subsection A, added the last sentence; in Subsection B, after "Upon", deleted "the completion" and added "approval of the report", after "general", deleted "or district special", and after "election, the", deleted "state canvassing board" and added "secretary of state"; and deleted former Subsection C and added a new Subsection C.
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.
