2019 New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Article 3 - Quo Warranto
Section 44-3-15 - [Election contest statutes unaffected.]
This act [44-3-1 to 44-3-16 NMSA 1978] shall not be construed to in any way affect the provisions of the statutes now in force in relation to election contests.
History: Laws 1919, ch. 28, § 15; C.S. 1929, § 115-115; 1941 Comp., § 26-215; 1953 Comp., § 22-15-15.
ANNOTATIONSCompiler's notes. — Provisions for election contests, when this section was enacted, were codified as 2066 to 2080, 1915 Code. These provisions were subsequently repealed by Laws 1927, ch. 41, § 722 (the 1927 Election Code which has subsequently been repealed). For present provisions as to contest, see 1-14-1 to 1-14-21 NMSA 1978.
Quo warranto is not cumulative remedy or one in addition to any special statutory remedy for contesting elections contained in the Election Code. State v. Rodriguez, 1958-NMSC-136, 65 N.M. 80, 332 P.2d 1005.
Section superseded by former Election Code. — Provisions relating to contest of elections in 1927 Election Code enacted after this section sets up an exclusive remedy and supersedes the remedy by statutory quo warranto. State ex rel. Abercrombie v. Dist. Court, 1933-NMSC-057, 37 N.M. 407, 24 P.2d 265.
Statutory remedy for contesting elections to public office is exclusive, and has superseded quo warranto. Orchard v. Board of Comm'rs, 1938-NMSC-011, 42 N.M. 172, 76 P.2d 41 (decided under former election laws).
If other election provision applies, quo warranto is not available. — Quo warranto is no longer available to an unsuccessful candidate if the contest procedure established by the Election Code applies to the public office in question. State v. Rodriguez, 1958-NMSC-136, 65 N.M. 80, 332 P.2d 1005 (decided under former Election Code).
Writ lies if no other statutory provision exists. — Quo warranto was a proper action to bring since there was no provision in the Election Code or other related statutes providing for contests for municipal school board elections. State v. Rodriguez, 1958-NMSC-136, 65 N.M. 80, 332 P.2d 1005 (decided under former Election Code).
