2020 New Mexico Statutes
Chapter 1 - Elections
Article 14 - Contests and Recounts
Section 1-14-4 - Contest of election; judgment; effect; costs.

Judgment shall be rendered in favor of the party for whom a majority of the legal votes shall be proven to have been cast, and shall be to the effect that he is entitled to the office in controversy with all the privileges, powers and emoluments belonging thereto and for his costs. If the contestant prevails he shall have judgment placing him in possession of the contested office and for the emoluments thereof from the beginning of the term for which he was elected and for his costs.

History: 1953 Comp., § 3-14-12, enacted by Laws 1969, ch. 240, § 337.

Cross references. — For cost of recount proceedings, see 1-14-15 NMSA 1978.

Purpose. — This section was intended to place the successful contestant of a general election into the office to which he is entitled. In the words of the statute, there is no "office in controversy" when the results of a primary are contested. It is the legal entitlement to the certificate of nomination which is in controversy. Eturriaga v. Valdez, 1963-NMSC-123, 109 N.M. 205, 784 P.2d 24.

A primary election contest becomes moot, as a general rule, if not finally determined prior to the balloting in the general election. Eturriaga v. Valdez, 1963-NMSC-123, 109 N.M. 205, 784 P.2d 24.

Advanced and paid costs may be adjudged. — The costs advanced and paid by the contestant are the only costs which may be adjudged against the contestee. Montoya v. McManus, 1961-NMSC-060, 68 N.M. 381, 362 P.2d 771.

Judgment on pleadings when no answer filed. — District court properly rendered a judgment on the pleadings when contestee in election contest did not file and serve answer to notice of contest within 20 days from service of notice as required by former statute. Ostic v. Stephens, 1951-NMSC-063, 55 N.M. 497, 236 P.2d 727.

May recover salary by judgment. — By judgment placing successful contestant in possession of the office, he may also recover from the ousted official the salary which has been paid to him. 1931 Op. Att'y Gen. No. 31-109 (decided under 1929 Comp. § 41-611).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 453, 459.

Attorney's fees to successful party in election contest, validity of statute allowing, 11 A.L.R. 884, 90 A.L.R. 530.

Costs or reimbursement for expenses incident to election contest or recount, 106 A.L.R. 928.

29 C.J.S. Elections §§ 302 to 307, 319.