2019 New Mexico Statutes
Chapter 1 - Elections
Article 13 - Post-Election Duties
Section 1-13-5 - Post-election duties; county canvass; defective returns; correction.

A. The county canvassing board shall immediately issue a summons directed to the precinct board [election board], commanding them to forthwith appear and make the necessary corrections or supply omissions if:

(1) it appears on the face of the election returns that any certificate has not been properly executed;

(2) it appears that there is a discrepancy within the election returns;

(3) it appears that there is a discrepancy between the number of votes set forth in the certificate for any candidate and the number of electors voting as shown by the election returns; or

(4) it appears that there is any omission, informality, ambiguity, error or uncertainty on the face of the returns.

B. The summons shall be served by the sheriff as in the manner of civil cases, and for each service the sheriff shall be allowed the same mileage as is paid in civil cases. The mileage shall be paid by each member of the precinct board [election board] served.

C. After issuing the necessary summonses, the county canvassing board shall proceed with the canvass of all correct election returns.

History: 1953 Comp., § 3-13-5, enacted by Laws 1969, ch. 240, § 307; 1977, ch. 222, § 75.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.

Cross references. — For mileage allowed sheriff for service of process, see 4-41-19 to 4-41-22 NMSA 1978.

For service of summons, see Rule 1-004 NMRA.

County canvassing board may not examine actual ballots. — The county canvassing board is limited to examining only the "election returns." This does not include the actual ballots. Weldon v. Sanders, 1982-NMSC-136, 99 N.M. 160, 655 P.2d 1004.

Canvassing board may not correct errors. — The duty of the county canvassing board is limited to finding errors, not correcting them. If an error is found, the precinct board and the secretary of state must be notified. Weldon v. Sanders, 1982-NMSC-136, 99 N.M. 160, 655 P.2d 1004.

When trial court may disregard county canvasses. — If county canvasses are conducted in contravention of the Election Code, the trial court is correct in disregarding the county canvasses and relying on the precinct returns. Weldon v. Sanders, 1982-NMSC-136, 99 N.M. 160, 655 P.2d 1004.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 396.

Power of election officers to withdraw or change their returns, 168 A.L.R. 855.

Power to enjoin canvassing votes and declaring result of election, 1 A.L.R.2d 588.

29 C.J.S. Elections § 237(1).