2019 New Mexico Statutes
Chapter 1 - Elections
Article 13 - Post-Election Duties
Section 1-13-9 - Post-election duties; county canvass; voting machine recheck.

A. During the official canvass of an election, the county canvassing board, upon written request of any candidate in the election or upon receipt of a written petition of twenty-five voters of the county, shall make, in the presence of the district judge, a recheck and comparison of the results shown on the official returns being canvassed with the results appearing on the alphanumeric printout of the contest, candidates and vote totals of each voting machine used in the election.

B. The necessary corrections, if any, shall be made on the returns, and the results of the election, as shown by the recheck and comparison, shall be declared.

History: 1953 Comp., § 3-13-10, enacted by Laws 1969, ch. 240, § 312; 1977, ch. 222, § 78; 2015, ch. 145, § 68.

Cross references. — For recounts and rechecks, see 1-14-14 to 1-14-21 NMSA 1978.

For unlawful opening of voting machine, see 1-20-5 NMSA 1978.

The 2015 amendment, effective July 1, 2015, amended the procedures for a voting machine recheck upon written request for a recheck; in Subsection A, after "the results appearing", deleted "and registered", after "on the", deleted "counter dials" and added "alphanumeric printout of the contest, candidates and vote totals"; deleted Subsection B and redesignated the succeeding subsection accordingly.

District judge serves as aid to canvassing board in canvass of election returns. Reese v. Dempsey, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157 (decided under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections § 180; 26 Am. Jur. 2d Elections § 396.

Treatment of excess or illegal ballots when it is not known for which candidate or on which side of a proposition they were cast, 155 A.L.R. 677.

29 C.J.S. Elections §§ 38, 237(1), 237(3).