2020 New Mexico Statutes
Chapter 1 - Elections
Article 8 - Nominations and Primary Elections
Section 1-8-5 - Canvassing boards; certification of nominees of parties participating in primary.
Immediately upon completion of their respective canvasses, the state and county canvassing boards shall certify to the county clerk the name of each person who has been nominated by each participating political party in the primary election, and the offices for which they have been nominated. The county clerk shall send a certified list of all persons so nominated to the secretary of state.
History: 1953 Comp., § 3-8-5, enacted by Laws 1969, ch. 240, § 155.
ANNOTATIONSSince it was not possible to determine for whom unregistered persons had voted, state canvassing board acted correctly in taking position that it could not throw out all the votes of six precincts, disenfranchising a large number of voters, when doing so could not change result of contested race. Reese v. Dempsey, 1944-NMSC-057, 48 N.M. 485, 153 P.2d 127 (decided under former law).
Certificate of election furnishes prima facie right to office only, and in a canvass of returns, no one is foreclosed thereby if any other statutory remedy, including recount or contest, remain available. Reese v. Dempsey, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157.
Certificate of tally may be used in recount where ballots destroyed. — Since ballots cast at election were not available for use during recount because they had been destroyed by election officials, the authentic certificate of tally of votes might be considered in absence of fraud on part of officials. Walker v. Mechem, 1952-NMSC-072, 56 N.M. 529, 246 P.2d 201.
