2020 New Mexico Statutes
Chapter 1 - Elections
Article 3 - Precincts and Polling Places
Section 1-3-5 - Precincts; powers of county commissioners.

A. The board of county commissioners shall by resolution:

(1) create additional precincts to meet the requirements of Section 1-3-1 NMSA 1978; and

(2) divide, abolish, combine or adjust the boundaries of any precincts as necessary to meet legal and constitutional requirements for redistricting.

B. Any necessary precinct boundary adjustments shall be submitted to the secretary of state no later than the first Monday in December of each odd-numbered year to become effective January 1 next succeeding the approval of the boundary adjustment. No precinct shall be created, divided, abolished or combined or the boundaries adjusted less than four months prior to a statewide election, except by order of the district court.

C. The county clerk shall notify the secretary of state in writing of any proposed changes in precincts or the designation of polling places made by the board of county commissioners and shall furnish the current geographical boundaries, designation and word description of each new polling place and each new or changed precinct.

D. The secretary of state shall review all new or changed precinct maps submitted pursuant to this section for compliance under the Precinct Boundary Adjustment Act [1-3-10 to 1-3-14 NMSA 1978] and Section 1-3-1 NMSA 1978.

E. Precincts shall be designated solely by whole numbers.

History: 1953 Comp., § 3-3-6, enacted by Laws 1969, ch. 240, § 55; 1975, ch. 255, § 31; 2019, ch. 212, § 38.

The 2019 amendment, effective April 3, 2019, provided additional duties for the board of county commissioners relating to precincts; added a new Subsection A and subsection designation "B."; in Subsection B, after the subsection designation, added the first sentence, after "divided, abolished or", deleted "consolidated" and added "combined", after "boundaries", deleted "or polling place therein changed" and added "adjusted", and after "prior to", deleted "each" and added "statewide"; and added new Subsections C through E.

Court action required to change precinct boundaries. — Precinct boundaries cannot be changed less than four months before any election unless court action is initiated as prescribed in 1-3-6 NMSA 1978. 1960 Op. Att'y Gen. No. 60-67.

To create new precincts it is necessary to follow the procedure set forth in 4-38-21 NMSA 1978 [repealed]. 1946 Op. Att'y Gen. No. 46-4841.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 29 C.J.S. Elections § 54.