2021 New Mexico Statutes
Chapter 73 - Special Districts
Article 14 - Conservancy Districts; Definitions; Organization and Management
Section 73-14-64 - [Conduct of election; procedure.] (Repealed effective July 1, 2022.)

Universal Citation: NM Stat § 73-14-64 (2021)

The judges of election shall select one of their number to act as clerk of election and shall open the polls at 9:00 o'clock a.m., and close the polls at 6:00 p.m. on the day of election.

If within one-half hour after the time so set for the opening of the polls it shall appear that any of the judges so appointed is unable to serve as such, those qualified electors then present at the polls may select another judge to fill the vacancy.

Immediately after the closing of the polls, the judges of election shall proceed to open the ballot boxes, count the total votes cast and those cast for each candidate and by triplicate copies, each to be signed by all three judges, certify the same to the board of directors then in office. One of said certificates together with all ballots cast, shall be placed in the ballot box, which shall be securely locked and sealed, and shall be delivered to the secretary of the board of directors then in office by one or more of said judges of election in person, not less than twenty-four hours after the closing of the polls. One of said certificates shall be mailed to said secretary of the board and the third shall be filed with the county clerk of the county in which said precinct is situate, likewise within twenty-four hours after said polls are closed.

History: 1941 Comp., § 77-2738, enacted by Laws 1943, ch. 126, § 11; 1953 Comp., § 75-28-43.

ANNOTATIONS

Delayed repeals. — Laws 2018, ch. 79, § 176 repeals 73-14-64 NMSA 1978, effective July 1, 2022.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Paper ballots safest route. — The use of paper ballots in accordance with Sections 73-14-63 and 73-14-64 NMSA 1978 would appear to be the safest route to follow in conducting the conservancy district election. Such ballots could be handed to qualified electors who could mark the ballots in the same booths as contain the voting machines used in the city elections and after leaving the booth, drop such ballots into a separate ballot box provided for that purpose. 1959 Op. Att'y Gen. No. 59-136.

Use of voting machines. — If voting machines are used by the conservancy district, they should not be the same machines used in the city election. The statutory requirements for certification of conservancy ballots to the secretary of the board and the different provisions for the hours the polls are to remain open preclude the use of the same machines for both municipal and conservancy district elections. 1959 Op. Att'y. Gen. No. 59-136.

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