2020 New Mexico Statutes
Chapter 1 - Elections
Article 2 - Election Officers and Boards
Section 1-2-23 - Challengers; permitted activities.

A. A challenger, upon presentation of the written appointment to the precinct board [election board], shall be permitted to be present at any time from the time the precinct board [election board] convenes at the polling place until the completion of the precinct board's [election board's] duties after the polls close.

B. A challenger, for the purpose of interposing challenges, may:

(1) view the signature roster or precinct voter list for the purpose of determining whether the challenger desires to interpose a challenge when a signature roster or precinct voter list is used;

(2) view the application to vote form before the voter receives a ballot for the purpose of determining whether the challenger desires to interpose a challenge when an application to vote form is used;

(3) view the signature roster or checklist of voters to determine whether entries are being made in accordance with the Election Code;

(4) view each voting machine before the polls are opened to ensure that the public counter is at zero, that the results tape contains no votes and that there are no voted ballots in the voting machine bins; and

(5) make in any polling place and preserve for future reference written memoranda of any action or omission on the part of any member of the precinct board [election board].

History: 1953 Comp., § 3-2-21, enacted by Laws 1969, ch. 240, § 42; 1975, ch. 255, § 23; 2009, ch. 150, § 3; 2011, ch. 137, § 22.

Bracketed 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.

Cross references. — For watchers and precinct board members making memoranda of actions or omissions, see 1-2-29 and 1-12-6 NMSA 1978.

For entries by precinct board, see 1-12-11 NMSA 1978.

For interposing challenges, see 1-12-20 NMSA 1978.

The 2011 amendment, effective July 1, 2011, permitted challengers to view an application to vote form before a voter receives a ballot, the signature roster or checklist of voters, and the voting machine to ensure that no votes have been registered.

The 2009 amendment, effective June 19, 2009, in Paragraph (1) of Subsection B, added "the challenger or alternate challenger"; and in Paragraph (3) of Subsection B, after "envelope and to see", deleted "that all ballot labels are in their proper places and".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections §§ 96, 97.

29 C.J.S. Elections § 55.