2020 New Mexico Statutes
Chapter 1 - Elections
Article 3 - Precincts and Polling Places
Section 1-3-1 - Nature of a precinct; maps.
A. Each precinct as nearly as practicable shall be composed of contiguous and compact areas having clearly definable boundaries. All precinct boundaries shall comply with the provisions of the Precinct Boundary Adjustment Act [1-3-10 to 1-3-14 NMSA 1978].
B. A precinct shall be divided or its boundaries adjusted if the precinct has had more than:
(1) seven hundred fifty votes cast by voters of that precinct at a general election, based on the two most recent general elections; or
(2) two thousand five hundred persons residing within the boundaries of the precinct, based on the most recent federal decennial census.
C. A precinct may be combined with another precinct or its boundaries adjusted if the precinct has had less than:
(1) one hundred votes cast by voters of that precinct at a general election, based on the two most recent general elections; or
(2) five hundred persons residing within the boundaries of the precinct, based on the most recent federal decennial census.
D. A precinct shall not be combined with an adjoining precinct as provided in Subsection C of this section if the combination of the two precincts would:
(1) violate the maximum votes cast or population requirements of Subsection B of this section; or
(2) cross any local, state or federal district or districted boundary lines.
E. The secretary of state shall provide and maintain a suitable map showing the current geographical boundaries with designation of each precinct, local government, representative district and senatorial district in the county. The size and form of such maps shall be prescribed by the secretary of state. A word description of the geographical boundaries shall be attached to each map, along with a description of the changes from the previous map of the area. The map, with attached description, is a public record.
History: 1953 Comp., § 3-3-1, enacted by Laws 1969, ch. 240, § 50; 1975, ch. 255, § 27; 1977, ch. 64, § 1; 1984 (1st S.S.), ch. 3, § 1; 1991 (1st S.S.), ch. 6, § 1; 1995, ch. 126, § 1; 2019, ch. 212, § 35.
ANNOTATIONSCross references. — For definition of precinct, see 1-1-11 NMSA 1978.
For Absent Voter Precinct Act, see 1-6-19 NMSA 1978.
The 2019 amendment, effective April 3, 2019, revised the provisions related to precinct boundaries; in Subsection B, after "A precinct", deleted "for general or primary election purposes shall not have had more than eight" and added "shall be divided or its boundaries adjusted if the precinct has had more than", added new paragraph designation "(1)", in Paragraph B(1), after the paragraph designation, added "seven", after "hundred", added "fifty", after "votes cast", deleted "in person in" and added "by voters of", after "precinct at", deleted "the last preceding", and after "general election,", added "based on the two most recent general elections; or", and added new Paragraph B(2); added new Subsections C and D and redesignated former Subsection C as Subsection E; in Subsection E, after the subsection designation, deleted "Each county clerk" and added "The secretary of state", after "each precinct,", added "local government", and after "attached to each map,", deleted "Such" and added "along with a description of the changes from the previous map of the area. The"; and deleted former Subsection D, which related to the delivery of each map to the secretary of state.
The 1995 amendment, effective June 16, 1995, deleted "provided that on and after January 1, 1990, such precinct" at the end of the first sentence and inserted "all precinct" at the beginning of the second sentence in Subsection A.
The 1991 (1st S.S.) amendment, effective October 4, 1991, deleted a proviso from the end of Subsection B relating to precincts having more than 800 votes cast in the last general election; deleted former Subsection C, which provided "Precincts for election purposes shall be designated consecutively in the county by number"; redesignated former Subsections D and E as Subsections C and D; and added the second sentence in Subsection C.
Commissioner to locate polling places to accommodate voters. — This section specifically requires that the board of county commissioners so locate polling places that no polling place located within any precinct or election district may be required to accommodate more than 600 (now 800) voters. 1962 Op. Att'y Gen. No. 62-34.
Accommodation requirements not impliedly repealed. — Section 1-9-5 NMSA 1978 is determinative of the number of machines which the board of county commissioners [now county clerk] must acquire for use at any general or special election, but does not repeal by implication the provisions of this section limiting the number of voters which any polling place may be required to accommodate. 1962 Op. Att'y Gen. No. 62-34.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections §§ 7, 8, 9, 13, 16, 17, 21, 24, 25, 28 et seq., 51.
Voter's right to set aside apportionment because of discrimination, 2 A.L.R. 1332, 22 A.L.R. 1189.
Want of contiguity as invalidating apportionment, 2 A.L.R. 1337.
Inequality of population or lack of compactness of territory as invalidating apportionment of representatives, 2 A.L.R. 1337.
Power of judiciary to compel legislature to make apportionment of representatives of election districts as required by constitutional provision, 46 A.L.R. 964.
Detachment of land from municipality as invalid alteration of legislative districts, 117 A.L.R. 267.
Inequalities in population of election districts or voting units, other than districts or units for election to congress or state or territorial offices, as rendering apportionment violative of Federal Constitution - post-Baker cases, 143 A.L.R. Fed. 631.
29 C.J.S. Elections § 53.
