2020 New Mexico Statutes
Chapter 1 - Elections
Article 14 - Contests and Recounts
Section 1-14-5 - Contest of election; appeal.

An appeal shall lie from any judgment or decree entered in the contest proceeding to the supreme court of New Mexico within the time and in the manner provided by law for civil appeals from the district court.

History: 1953 Comp., § 3-14-13, enacted by Laws 1969, ch. 240, § 338.

Cross references. — For appeals to the supreme court, see 39-3-2 NMSA 1978.

County official recall elections. — The Election Code does not expressly cover an appeal of a decision concerning a county official recall election filed before the election occurred, because is was not, when filed, a contest of an election. Sparks v. Graves, 2006-NMCA-030, 139 N.M. 143, 130 P.3d 204.

Constitutional power of superintending control used where appeal inadequate. — Since the right to vote of large segments of the population would remain undetermined unless a case is at least allowed to proceed beyond its present initial stage, as distinguished from the ordinary election contest, involving more appealable issues, the power of superintending control, described in N.M. Const., art. VI, § 3, may be exercised. In cases (1) where the remedy by appeal seems wholly inadequate, and (2) where the use of the power is necessary to prevent irreparable mischief, great, extraordinary or exceptional hardship, costly delays and unusual burdens of expense, it may be exercised. Montoya v. McManus, 1961-NMSC-060, 68 N.M. 381, 362 P.2d 771.

Election contest judgments reviewable under appeal, not writ of error. — Judgments in election contest cases could be reviewed in supreme court only under statute authorizing appeal, and writs of error did not lie to review such judgments under Laws 1917, ch. 43, §§ 1, 2, 4 (39-3-2, 39-3-15 and 39-3-5 NMSA 1978). Hannett v. Mowrer, 1927-NMSC-018, 32 N.M. 231, 255 P. 636.

Appeal deemed inadequate remedy in prohibition proceeding. — Prohibition proceeding to prevent district court's entertaining contest proceeding for office of district attorney was not denied on ground that there was adequate remedy by appeal, such remedy being deemed inadequate. Crist v. Abbott, 1917-NMSC-009, 22 N.M. 417, 163 P. 1085.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 454 et seq.

29 C.J.S. Elections §§ 308 to 318.