2021 New Mexico Statutes
Chapter 1 - Elections
Article 2 - Election Officers and Boards
Section 1-2-7 - Election board; qualification of members; qualification of presiding judges; qualification of minors.
A. In order to qualify as a member of the election board, a person shall:
(1) be a voter of the county in which the person is appointed to serve;
(2) be able to read and write;
(3) have the necessary capacity to carry out an election board member's functions with acceptable skill and dispatch; and
(4) execute the election board member's oath of office.
B. Before serving as a presiding judge of an election board, a person shall receive training in the duties of that position and be certified for the position by the county clerk.
C. No person shall be qualified for appointment or service on an election board:
(1) who is a candidate to be voted for at the election;
(2) who is a spouse, parent, child, brother or sister of any candidate to be voted for at the election;
(3) who is married to a parent, child, brother or sister of any candidate to be voted for at the election or who is the parent of the spouse of any candidate to be voted for at the election; or
(4) who is a sheriff, deputy sheriff, marshal, deputy marshal or state or municipal police officer.
D. A county clerk may appoint not more than two minors to serve on an election board under the direct supervision of the presiding judge. A minor appointed by the county clerk shall:
(1) meet the qualifications set forth in Subsection A of this section, except the minor need not be eligible to vote;
(2) be sixteen or seventeen years of age at the time of the election in which the minor is serving as a member of an election board;
(3) be a citizen at the time of the election for which the minor will be serving as a member of an election board;
(4) have the approval of the minor's parent or legal guardian, unless the minor is emancipated;
(5) attend at least one school of instruction in accordance with the provisions of Section 1-2-17 NMSA 1978; and
(6) be appointed to an election board in the county in which the minor's parent or legal guardian resides, in accordance with the provisions of Section 1-2-11 NMSA 1978.
E. A minor appointed to an election board shall not serve as the presiding judge or as an election judge.
History: 1953 Comp., § 3-2-8, enacted by Laws 1969, ch. 240, § 29; 1971, ch. 317, § 3; 1975, ch. 255, § 13; 1981, ch. 159, § 2; 2005, ch. 270, § 12; 2010, ch. 90, § 1; 2011, ch. 137, § 14; 2019, ch. 212, § 20.
ANNOTATIONSCross references. — For secretary of state prescribing form of precinct board member's oath, see 1-11-16 NMSA 1978.
The 2019 amendment, effective April 3, 2019, replaced "precinct board" with "election board" throughout the section.
The 2011 amendment, effective July 1, 2011, required members of precinct boards to be voters of the county in which they serve; prohibited the appointment of a person who is married to a person related to a candidate to be voted for at the election or who is the parent of the spouse of a candidate; and permitted the appointment of minors only to the precinct board in the county in which the minor's parents or legal guardian reside.
The 2010 amendment, effective May 19, 2010, in the catchline, added "qualification of minors"; in Subsection A(3), after "capacity to carry out", deleted "his" and added "a precinct board member's"; and added Subsections D and E.
The 2005 amendment, effective July 1, 2005, added Subsection B to provide that a person shall receive training and be certified before serving as a presiding judge of a precinct board.
Oath of precinct official. — Former Election Code provision, as amended, dealing with oath of precinct election officials merely required that each group of officials certify that they had and would discharge the duties of their respective offices faithfully and impartially. Seele v. Smith, 1947-NMSC-068, 51 N.M. 484, 188 P.2d 337.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections § 90.
29 C.J.S. Elections § 61.
