2020 New Mexico Statutes
Chapter 1 - Elections
Article 3 - Precincts and Polling Places
Section 1-3-6 - Precincts; boundaries; protest.

A. Any twenty-five or more voters of a precinct dissatisfied with the boundaries fixed for a precinct or location of the polling place designated by the board of county commissioners for that precinct may, within one hundred eighty days from the date a change to the boundaries of a precinct was approved in the case of a protest to the boundaries of a precinct, or at any time not less than one hundred twenty days prior to any statewide election, petition the district court of that county, setting forth the facts and reasons for their dissatisfaction and requesting that the board of county commissioners be required by mandamus to change the boundaries or polling place as set forth in the petition.

B. Upon filing of the petition, the court shall fix a time and place for hearing, which time shall not be more than twenty days from the date the petition was filed. Each member of the board of county commissioners and the person whose name appears first on the petition as a signer shall immediately be given notice by the court of the filing of the petition and the date set for hearing.

C. On the date set for the hearing on the petition, the court shall hear the evidence, decide the issues involved and issue its order as the law and facts require.

History: 1953 Comp., § 3-3-7, enacted by Laws 1969, ch. 240, § 56; 1995, ch. 126, § 3; 2019, ch. 212, § 39.

The 2019 amendment, effective April 3, 2019, changed the period in which voters may petition the district court to protest boundaries fixed for a precinct or the location of the polling place designated by the board of county commissioners; and in Subsection A, after "precinct may", added "within one hundred eighty days from the date a change to the boundaries of a precinct was approved in the case of a protest to the boundaries of a precinct, or", after "not less than", deleted "fifty-five" and added "one hundred twenty", and after "prior to any", deleted "general" and added "statewide".

The 1995 amendment, effective June 16, 1995, substituted "twenty-five" for "ten" in Subsection A.

Petition to be filed 45 days prior to general election regardless of primary date. — This statute is specific in referring to a general election. However, it is also specific in providing that the petition may be filed at any time not less than 45 days prior to the general election. In speaking of the time within which the commissioners may themselves order an abolishment or boundary change of a precinct or election district, the statute requires that action be taken not less than four months prior to any election. When speaking of the time within which a petition must be filed by dissatisfied electors, the statute uses the term general election. There obviously was an intention on the part of the legislature to make a distinction. The term "general election" has an obvious meaning. Therefore, the petition may be filed at any time not less than 45 days prior to the general election regardless of the time relation between the date the petition is filed and the date of the primary. 1962 Op. Att'y Gen. No. 62-43 (opinion rendered under former law).