2020 New Mexico Statutes
Chapter 1 - Elections
Article 25 - Recall
Section 1-25-8 - Recall; affidavit with petition; penalty.

A. When submitted to the county clerk, each petition shall have a notarized affidavit attached. The affidavit shall state that the canvasser circulated that particular petition and witnessed each signature and any other information recorded on the petition.

B. According to the best information and belief of the canvasser, the canvasser shall ensure the following:

(1) each signature is the signature of the person whose name it purports to be;

(2) each signer is a registered voter of the local jurisdiction listed on the petition;

(3) each signature was obtained on or after the filing date; and

(4) each signer had an opportunity to read the information on the completed face sheet or an exact duplicate thereof.

C. Any knowingly false statement made in the affidavit constitutes a fourth degree felony.

History: 1953 Comp., § 77-4A-7, enacted by Laws 1977, ch. 308, § 7; 1985, ch. 169, § 3; 1978 Comp., § 22-7-7, recompiled and amended as § 1-25-8 by Laws 2019, ch. 212, § 166.

Recompilations. — Laws 2019, ch. 212, § 166 recompiled and amended former 22-7-7 NMSA 1978 as 1-25-8 NMSA 1978, effective April 3, 2019.

The 2019 amendment, effective April 3, 2019, revised the contents of the affidavit required to be attached to a recall petition; in the section heading, added "Recall"; in Subsection A, after "canvasser", deleted "is a registered voter of the district and that the canvasser"; and in Subsection B, in Paragraph B(2), after "vote of the", deleted "county and school district" and added "local jurisdiction", and in Paragraph B(3), after "on or after the", added "filing" and after "date", deleted "of initiation".