2020 New Mexico Statutes
Chapter 1 - Elections
Article 2 - Election Officers and Boards
Section 1-2-6 - Election board; appointment.

A. The county clerk on or before forty-two days next preceding a statewide election shall appoint the necessary election boards for that election, and before twenty-one days next preceding a special election the county clerk shall appoint the necessary election boards for that election. The appointment of the members of each election board shall be in writing and delivered to the person receiving the appointment.

B. The county clerk shall maintain in a public place in the county clerk's office a list of the members of the election board, the positions of the election board members and the assignments of the election board members. The list shall be made available at least forty days before a statewide election and at least twenty days before a special election and shall be updated when changed until forty-five days after adjournment of the state or county canvassing board or until forty-five days following any recount, contest or other judicial inquiry, whichever is later.

History: 1953 Comp., § 3-2-7, enacted by Laws 1969, ch. 240, § 28; 1971, ch. 317, § 2; 1975, ch. 255, § 12; 1991, ch. 105, § 1; 2019, ch. 212, § 19.

The 2019 amendment, effective April 3, 2019, changed the name of "precinct board" to "election board", and revised the provisions for appointing an election board by the county clerk; in the section heading, deleted "Precinct" and added "Election", and after "appointment", deleted "term"; in Subsection A, after "on or before", deleted "fifty-five" and added "forty-two", after "next preceding", deleted "the primary" and added "a statewide", and after "shall appoint the", deleted "precinct board for each precinct" and added the remainder of the subsection; and deleted former Subsections B and C and added a new Subsection B.

Cross references. — For definition of precinct board, see 1-1-13 NMSA 1978.

For attendance of board members at polling place, see 1-12-2 NMSA 1978.

The 1991 amendment, effective April 2, 1991, deleted "and a list of alternates for precinct board members of each precinct" at the end of Subsection A; deleted "and the alternates for members of the precinct board" following "board" in Subsection B; in Subsection C, deleted "representative district and" following "removal from the" and "from the list of alternates" following "qualified person"; and deleted former Subsection D, relating to filling vacancies in the office of alternate precinct board member.

Constitutional grounds for contest. — A candidate's claimed majority, adversely affected by conduct of election officials, afforded sufficient grounds for an election contest under N.M. Const., art. VII, § 5. Seele v. Smith, 1947-NMSC-068, 51 N.M. 484, 188 P.2d 337.

Erring officials not liable where foreseeability rule applicable. — Where secretary of state erroneously instructed precinct election officials to mail election returns to county clerk, as result of which they did not arrive within 24 hours as prescribed by law and were not counted, the foreseeability rule was applicable and erring officials were not liable to candidate who was denied emoluments of office until he had established his right thereto in an election contest. Valdez v. Gonzales, 1946-NMSC-044, 50 N.M. 281, 176 P.2d 173.

Election irregularities. — Elections conducted fairly and honestly will not be set aside for mere irregularity in the appointment of election officers or in the conduct of the election where no fraud or illegal voting is shown. Carabajal v. Lucero, 1916-NMSC-045, 22 N.M. 30, 158 P. 1088.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections § 89 et seq.

29 C.J.S. Elections §§ 55 to 63.