2020 New Mexico Statutes
Chapter 1 - Elections
Article 13 - Post-Election Duties
Section 1-13-6 - Post-election duties; county canvass; defective returns; notification of secretary of state.
If the county canvassing board discovers any defective returns and issues a summons for the precinct board [election board], it shall immediately notify the secretary of state both orally and in writing that the returns from the specified precinct are defective. The secretary of state shall immediately transmit to the county canvassing board the defective returns from the precinct specified, after first making a photocopy of each of the covers and pages of the returns. The photocopy shall be kept on file for inspection as are the original returns.
History: 1953 Comp., § 3-13-6, enacted by Laws 1969, ch. 240, § 308.
ANNOTATIONSBracketed 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.
Duty of board limited to finding 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.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 398.
29 C.J.S. Elections § 238.
