Post-Election Duties

NMSA 1978 ch. 1, art. 13

in effect

NMSA 1978, § 1-13-1 Post-election duties; county canvassing board

1-13-1. Post-election duties; county canvassing board A. The board of county commissioners is ex officio the county canvassing board in each county. B. The board of county commissioners may designate the board of registration to serve as the county canvassing board for the county. The designation shall be made in the polling place resolution adopted pursuant to Section 1-3-2 NMSA 1978 and is valid for all statewide and special elections conducted within the county until the expiration of the resolution. C. The county canvass report prepared by the county clerk and approved by the county canvassing board shall consist of: (1) the certificate of canvass to be signed by the county clerk and the county canvassing board members; (2) a report of the final vote counts for each candidate contest and ballot question voted on by voters of the county separated by mailed ballots, early voting and election day voting; (3) a report of the total ballots requested, returned, accepted and rejected from uniformed-service voters or overseas voters; and (4) a report of all provisional ballots accepted and rejected. D. Immediately after the meeting of the county canvassing board, the county clerk shall transmit a copy of the county canvass report, along with any hand tally sheets, to the secretary of state. 1953 Comp., § 3-13-1, enacted by Laws 1969, ch. 240, § 303; 2019, ch. 212, § 120; 2023, ch. 39, § 67.

NMSA 1978, § 1-13-2 Post-election duties; missing returns

1-13-2. Post-election duties; missing returns A. If at the time the county canvassing board meets it appears that a precinct board [election board] has not delivered the election returns to the county clerk, the county canvassing board shall immediately issue a summons to bring before it the delinquent precinct board [election board] together with the missing election returns. The summons shall be served by the sheriff, without cost to the county, and the members of the precinct board [election board] shall not be paid for their service on election day. B. If within ten days after the date of the election the secretary of state has not received the election returns of any precinct, the secretary of state may send a special messenger to the county and precinct to secure and convey the missing returns to the secretary of state. 1953 Comp., § 3-13-2, enacted by Laws 1969, ch. 240, § 304; 1977, ch. 222, § 73.

NMSA 1978, § 1-13-4 Post-election duties; county canvass; method

1-13-4. Post-election duties; county canvass; method The county clerk shall: A. appoint an election board to conduct a machine-tabulation or hand-tally if the county clerk has received and logged any: (1) paper ballots not previously tabulated; (2) absentee ballots delivered to an election board not previously tabulated; (3) provisional paper ballots that have been qualified and contain votes that are to be counted; or (4) ballots with write-in votes not previously counted; B. prepare the report of the canvass of the election returns by carefully examining the returns of each precinct to ascertain if they contain the properly executed certificates required by the Election Code and to ascertain whether any discrepancy, omission or error appears on the face of the election returns; C. present the report of the canvass to the county canvassing board for the board's consideration and approval; and D. provide the county canvassing board a summary report of the ballots tallied by the election board pursuant to Subsection A of this section and deliver directly to the secretary of state a cumulative report to be used in the event of a recount. 1953 Comp., § 3-13-4, enacted by Laws 1969, ch. 240, § 306; 1977, ch. 222, § 74; 2019, ch. 212, § 121; 2023, ch. 39, § 68.

NMSA 1978, § 1-13-5 Post-election duties; county canvass; defective returns; correction

1-13-5. Post-election duties; county canvass; defective returns; correction A. The county canvassing board shall immediately issue a summons directed to the precinct board [election board], commanding them to forthwith appear and make the necessary corrections or supply omissions if: (1) it appears on the face of the election returns that any certificate has not been properly executed; (2) it appears that there is a discrepancy within the election returns; (3) it appears that there is a discrepancy between the number of votes set forth in the certificate for any candidate and the number of electors voting as shown by the election returns; or (4) it appears that there is any omission, informality, ambiguity, error or uncertainty on the face of the returns. B. The summons shall be served by the sheriff as in the manner of civil cases, and for each service the sheriff shall be allowed the same mileage as is paid in civil cases. The mileage shall be paid by each member of the precinct board [election board] served. C. After issuing the necessary summonses, the county canvassing board shall proceed with the canvass of all correct election returns. 1953 Comp., § 3-13-5, enacted by Laws 1969, ch. 240, § 307; 1977, ch. 222, § 75.

NMSA 1978, § 1-13-6 Post-election duties; county canvass; defective returns; notification of secretary of state

1-13-6. Post-election duties; county canvass; defective returns; notification of secretary of state If the county canvassing board discovers any defective returns and issues a summons for the precinct board [election board], it shall immediately notify the secretary of state both orally and in writing that the returns from the specified precinct are defective. The secretary of state shall immediately transmit to the county canvassing board the defective returns from the precinct specified, after first making a photocopy of each of the covers and pages of the returns. The photocopy shall be kept on file for inspection as are the original returns. 1953 Comp., § 3-13-6, enacted by Laws 1969, ch. 240, § 308.

NMSA 1978, § 1-13-7 Post-election duties; county canvass; when recheck is required

1-13-7. Post-election duties; county canvass; when recheck is required A. If it appears that the defective returns cannot be corrected without a recheck of the voting machines, the county canvassing board shall immediately notify the district court in writing. B. The district court shall fix a time and place which shall be not more than one week after receipt of notice from the county canvassing board for a recheck of the machines from the precinct. C. The county clerk shall immediately notify the county chairmen of the political parties who participated in the election of the time and place of the recheck. D. At the time and place set by the district court the recheck shall be conducted as provided in Section 1-13-9 NMSA 1978. E. After the recheck, the election returns shall be corrected in duplicate to conform to the facts. F. After being properly corrected, the election returns shall be disposed of as in the first instance: one each to the county clerk and one each to the secretary of state. 1953 Comp., § 3-13-7.1, enacted by Laws 1977, ch. 222, § 76.

NMSA 1978, § 1-13-8 Post-election duties; county canvass; search for missing returns

1-13-8. Post-election duties; county canvass; search for missing returns If it is necessary to open a ballot box on election night through the adjournment of the state canvass to ascertain if missing election returns are enclosed in the ballot box, the ballot box shall be opened in the presence of the presiding judge and two election judges of an election board that meets the requirements of Subsection B of Section 1-2-12 NMSA 1978 by the county clerk or a deputy clerk designated by the county clerk. The county clerk or deputy clerk may remove the missing returns necessary to canvass the election. The presiding judge and election judges shall document the search for missing returns using a form prescribed by the secretary of state. 1953 Comp., § 3-13-8, enacted by Laws 1969, ch. 240, § 310; 1977, ch. 222, § 77; 2011, ch. 137, § 101; 2023, ch. 39, § 69.

NMSA 1978, § 1-13-9 Post-election duties; county canvass; voting machine recheck

1-13-9. Post-election duties; county canvass; voting machine recheck A. During the official canvass of an election, the county canvassing board, upon written request of any candidate in the election or upon receipt of a written petition of twenty-five voters of the county, shall make, in the presence of the district judge, a recheck and comparison of the results shown on the official returns being canvassed with the results appearing on the alphanumeric printout of the contest, candidates and vote totals of each voting machine used in the election. B. The necessary corrections, if any, shall be made on the returns, and the results of the election, as shown by the recheck and comparison, shall be declared. 1953 Comp., § 3-13-10, enacted by Laws 1969, ch. 240, § 312; 1977, ch. 222, § 78; 2015, ch. 145, § 68.

NMSA 1978, § 1-13-10 Post-election duties; voting machine recheck; cost

1-13-10. Post-election duties; voting machine recheck; cost A. Before any recheck and comparison of returns and voting machines is made pursuant to Section 1-13-9 NMSA 1978, the candidate making the request, or the petitioners, shall deposit a sum of money or a surety bond made in favor of the county to defray the cost of the recheck. The state canvassing board shall determine the estimated actual cost of a recheck per voting machine no later than March 15 of even-numbered years. B. If the recheck alters the winner of the election, the deposit or surety bond shall be returned and the cost of the recheck shall be paid by the county. If the recheck does not alter the winner of the election, the deposit or surety bond shall be forfeited and the money from the deposit or bond shall be placed in the county general fund. 1953 Comp., § 3-13-11, enacted by Laws 1969, ch. 240, § 313; 1973, ch. 4, § 6; 2023, ch. 39, § 70.

NMSA 1978, § 1-13-11 Post-election duties; tie vote

1-13-11. Post-election duties; tie vote In the event of a tie vote between any candidates in the election for the same office, the determination as to which of the candidates shall be declared to have been nominated or elected shall be decided by lot. The method of determining by lot shall be agreed upon by a majority of a committee consisting of the tied candidates, the county chairmen of the political parties that participated in the election and the district judge. The county canvassing board shall issue the certificate of nomination or election to the candidate chosen by lot. 1953 Comp., § 3-13-12, enacted by Laws 1969, ch. 240, § 314.

NMSA 1978, § 1-13-12 Post-election duties; mandamus to compel canvass

1-13-12. Post-election duties; mandamus to compel canvass The district court, upon petition of any voter, may issue a writ of mandamus to the county canvassing board to compel it to approve the report of the county canvass and certify the election returns. 1953 Comp., § 3-13-13, enacted by Laws 1969, ch. 240, § 315; 2019, ch. 212, § 122.

NMSA 1978, § 1-13-13 Post-election duties; county canvassing board; certifying results

1-13-13. Post-election duties; county canvassing board; certifying results A. The county canvassing board shall meet to approve the report of the canvass of the returns and declare the results no sooner than six days and no later than ten days from the date of the election. A county canvassing board in a county with more than one hundred fifty thousand voters shall meet to approve the report of the canvass of the returns and declare the results no sooner than six days and no later than thirteen days from the date of the election. B. The county canvassing board, immediately upon approval of the report of the canvass of the returns of an election, shall issue a certificate of canvass of the results of the election and send one copy of the certified results to: (1) the county clerk; (2) each local governing body with a candidate or ballot question receiving votes from any precinct in the county; (3) the secretary of state; (4) the state records center; (5) the state canvassing board, in the case of a statewide election or a special state election and the results are for candidates or ballot questions voted on by the voters of more than one county; and (6) in the case of a municipality whose laws provide for a top-two runoff, the municipality and the county clerk, if the results indicate the need for a top-two runoff election. C. On the thirty-first day after any primary or general election, the secretary of state shall issue to those candidates entitled by law election certificates, or certificate of nomination in the case of the primary election, to all county officers, magistrates and to members of the legislature elected from districts wholly within the county. In addition, the county canvassing board, immediately after completion of the canvass, shall declare the results of the election and of all ballot questions affecting only precincts within the county. 1953 Comp., § 3-13-14, enacted by Laws 1969, ch. 240, § 316; 1979, ch. 378, § 15; 2015, ch. 145, § 69; 2019, ch. 212, § 123.

NMSA 1978, § 1-13-14 Post-election duties; opening the ballot box

1-13-14. Post-election duties; opening the ballot box Once the ballot box has been locked by the precinct board [election board] after its first count and tally, no person shall open the ballot box or remove its contents except by court order or as otherwise provided by the Election Code. 1953 Comp., § 3-13-15, enacted by Laws 1969, ch. 240, § 317; 2015, ch. 145, § 70.

NMSA 1978, § 1-13-15 Post-election duties; statewide election; state canvass

1-13-15. Post-election duties; statewide election; state canvass A. The state canvassing board shall meet in the state capitol on the third Tuesday after each statewide election and proceed to approve the report of the canvass and declare the results of the election or nomination of each candidate voted upon by the entire state and by the voters of more than one county. B. The state canvassing board shall also meet in the state capitol on the third Tuesday after each statewide election or special state election to approve the report of the canvass and declare the result of the vote on any constitutional amendment or any ballot question voted upon by the voters of more than one county. C. Upon the completion of the state canvass, the secretary of state shall notify each county clerk of that fact. 1953 Comp., § 3-13-16, enacted by Laws 1969, ch. 240, § 318; 1977, ch. 222, § 79; 2019, ch. 212, § 124.

NMSA 1978, § 1-13-16 Post-election duties; secretary of state duties

1-13-16. Post-election duties; secretary of state duties A. The report of the state canvass shall be made from the election returns transmitted directly to the secretary of state from each of the election boards and, in the case of candidates voted upon by a district composed of two or more counties, from the certificates transmitted by the county canvassing boards. The secretary of state shall prepare the report of the state canvass; provided that the state canvassing board may designate a person or persons to compare the totals appearing on the election returns, statements of canvass and certificates and to certify the results of their findings to the state canvassing board. B. Upon approval of the report of the state canvass, but not sooner than the thirty-first day after any primary or general election, the secretary of state shall issue to those candidates entitled by law the appropriate certificate of election or, in the case of a primary election, a certificate of nomination. C. Upon receipt of the reports of the county canvass of a local election from each county, the secretary of state shall: (1) not sooner than the twenty-fourth day after a regular local election, issue to those candidates entitled by law the appropriate certificate of election; (2) not sooner than the seventh day following a top-two runoff election and no later than the last business day before the first day of the new term of office, issue to those candidates entitled by law the appropriate certificate of election; and (3) no later than the seventeenth day following a special local election in which votes were cast by the voters of more than one county, declare the result of the vote on any ballot question and issue a certificate of canvass of the results of the special election. 1953 Comp., § 3-13-17, enacted by Laws 1969, ch. 240, § 319; 1977, ch. 222, § 80; 1979, ch. 378, § 16; 2019, ch. 212, § 125.

NMSA 1978, § 1-13-17 Post-election duties; nature of documents

1-13-17. Post-election duties; nature of documents The returns and certificates sent to the secretary of state are public documents, subject to inspection during customary office hours by candidates and by the chairman of the state central committee of each political party or his accredited representative, and may be copied upon request of a candidate or state chairman. 1953 Comp., § 3-13-18, enacted by Laws 1969, ch. 240, § 320.

NMSA 1978, § 1-13-18 Post-election duties; state canvass; corrections

1-13-18. Post-election duties; state canvass; corrections The state canvassing board shall carefully examine all election returns and certificates issued by the county canvassing boards. If any discrepancy, omission or error appears on their face, the state canvassing board shall immediately forward such returns or certificate to the district court in which the precinct or county canvassing board is situated. The district judge upon receipt of such returns or certificate shall issue a summons to the responsible precinct board [election board] or county canvassing board, directing them to appear forthwith before him to complete or correct such returns or certificate. 1953 Comp., § 3-13-19, enacted by Laws 1969, ch. 240, § 321.

NMSA 1978, § 1-13-19 Post-election duties; proceedings for contempt

1-13-19. Post-election duties; proceedings for contempt Failure of any person to obey any summons required to be issued by, or issued pursuant to, the Election Code [Chapter 1 NMSA 1978] is contempt and is punishable as provided by law. 1953 Comp., § 3-13-20, enacted by Laws 1969, ch. 240, § 322.

NMSA 1978, § 1-13-20 Post-election duties; expense of corrections

1-13-20. Post-election duties; expense of corrections The expense of any proceeding to complete or correct any returns or certificate shall be paid from the county general fund upon voucher signed by the county clerk. 1953 Comp., § 3-13-21, enacted by Laws 1969, ch. 240, § 323; 1973, ch. 4, § 7.

NMSA 1978, § 1-13-21 Clearing voting systems; transferring ballots

1-13-21. Clearing voting systems; transferring ballots A. The county clerk shall not clear the votes recorded on the removable storage media devices until at least forty-five days after adjournment of the county or state canvassing board, whichever is later. B. The county clerk shall not clear and shall keep locked those removable media storage devices from voting systems used to tabulate votes for precincts where a recount, judicial inquiry or inspection is sought, subject to order of the district court or other authority having jurisdiction of the contest or inspection. C. Beginning forty-five days after the adjournment of the state or county canvassing board, whichever is later, or forty-five days after completion of a recount or judicial inquiry, the county clerk may transfer ballots from the locked ballot boxes for disposition pursuant to Section 1-12-69 NMSA 1978. 1953 Comp., § 3-13-22.1, enacted by Laws 1971, ch. 317, § 21; 1981, ch. 153, § 1; 2007, ch. 337, § 15; 2011, ch. 137, § 102; 2015, ch. 145, § 71; 2019, ch. 212, § 126.

NMSA 1978, § 1-13-22 Post-election duties; responsibility for voting machines

1-13-22. Post-election duties; responsibility for voting machines After the election, the county clerk shall have custody of the voting machines. The county clerk shall furnish all necessary protection to see that the transported and stored voting machines are not tampered with or damaged. The county clerk shall take the proper action to see that the voting machines are not tampered with or damaged during the time the machines are at the polling places. 1953 Comp., § 3-13-23, enacted by Laws 1969, ch. 240, § 325; 1971, ch. 317, § 22; 1977, ch. 222, § 81; 1991, ch. 106, § 11.

NMSA 1978, § 1-13-23 Post-election duties; records

1-13-23. Post-election duties; records A. The returns and certificates of the result of the county canvass are public documents, subject to inspection and retention as provided by Section 1-12-69 NMSA 1978. The certificate of results of the canvass of the election shall, forty-five days after the election or recount after any contest has been settled by the court, be preserved as a permanent record in the state records center. A copy of the certificate of results of the canvass of the election shall be preserved as a permanent record in the office of the county clerk in a separate book maintained for recording the results of elections. B. The returns and certificates of the result of the state canvass are public documents, subject to inspection and retention as provided by Section 1-12-69 NMSA 1978. The certificate of results of the canvass of the election shall, forty-five days after the election or recount after any contest has been settled by the court, be preserved as a permanent record in the state records center. A copy of the certificate of results of the canvass of the election shall be preserved as a permanent record in the office of the secretary of state in a separate book maintained for recording the results of elections. 1978 Comp., § 1-22-17, enacted by Laws 1985, ch. 168, § 19; 1987, ch. 249, § 50; repealed and reenacted by Laws 2018, ch. 79, § 30; recompiled and amended as § 1-13-23 by Laws 2019, ch. 212, § 127.

NMSA 1978, § 1-13-24 Post-election duties; unopposed write-in candidates

1-13-24. Post-election duties; unopposed write-in candidates A. In a general election, the proper canvassing board shall not certify the election of an unopposed write-in candidate unless the candidate receives at least the number of write-in votes equal to two percent of the total vote in the state, district or county in which the candidate seeks election that were cast for governor in the last preceding general election in which a governor was elected. B. In a regular local election, the secretary of state shall not issue a certificate of election to an unopposed write-in candidate unless the candidate receives either one hundred votes or the number of write-in votes equal to at least ten percent of the total number of ballots on which the office appears that are cast in the regular local election. C. In a primary election, the proper canvassing board shall not certify the nomination of an unopposed write-in candidate unless the candidate receives at least the number of write-in votes in the primary election as the write-in candidate would need for signatures on a nominating petition pursuant to the requirements set out in Section 1-8-33 NMSA 1978. D. In an election to fill a vacancy in the office of United States representative, the state canvassing board shall not certify the election of an unopposed write-in candidate unless the candidate receives at least the number of write-in votes equal to two percent of the total vote in the congressional district in which the candidate seeks election that were cast for governor in the last preceding general election in which a governor was elected. Laws 2019, ch. 212, § 128.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18502/index.doFetched: 10/20/2026