A. If for any cause a member of the election board fails to appear for the assigned duty to which the member was appointed, the remaining board members shall immediately notify the county clerk.
B. In the event of a vacancy in an election board position by reason of death, removal from the county, disqualification, refusal to serve, failure to appear for an assigned duty or excusal by the county clerk for sufficient cause, the county clerk may appoint a qualified person to fill the vacancy.
C. No vacancy shall prevent the remaining board members from proceeding to open the polls or otherwise perform their duties for the election in their assigned location.
History: 1978 Comp., § 1-2-15, enacted by Laws 1991, ch. 105, § 6; 2019, ch. 212, § 25.
Repeals and reenactments. — Laws 1991, ch. 105, § 6 repealed former 1-2-15 NMSA 1978, as enacted by Laws 1969, ch. 240, § 35, relating to precinct board, vacancy on election day, and enacted the above section, effective April 2, 1991.
The 2019 amendment, effective April 3, 2019, changed the name of "precinct board" to "election board", and revised the provisions related to vacancies on an election board; replaced "precinct board" with "election board" throughout the section; in the section heading, deleted "vacancy on election day" and added "vacancies"; in Subsection A, after "member of the", deleted "precinct board is not present on election day at the precinct for which he or she" and added "election board fails to appear for the assigned duty to which the member", after "shall", added "immediately", and after "county clerk", deleted "who shall fill the vacancy"; deleted former Subsection B and added new Subsection B; and in Subsection C, after "No vacancy", deleted "on election day", after "open the polls", deleted "and conducting" and added "or otherwise perform their duties for", and after "assigned", deleted "precinct" and added "location".
Structure 2021 New Mexico Statutes
Article 2 - Election Officers and Boards
Section 1-2-1 - Secretary of state; chief election officer; rules.
Section 1-2-2 - Secretary of state; general duties.
Section 1-2-2.1 - Administrative complaints; procedures.
Section 1-2-3 - Secretary of state; instructions; forms; certificates.
Section 1-2-3.1 - Secretary of state; multipurpose registration form.
Section 1-2-5 - Secretary of state; election seminars.
Section 1-2-6 - Election board; appointment.
Section 1-2-9 - Election board; standby list.
Section 1-2-11 - Election board; assignment.
Section 1-2-12 - Election board; positions on each board.
Section 1-2-14 - Election boards; notice of appointment.
Section 1-2-15 - Election board; vacancies.
Section 1-2-16 - Election board; compensation.
Section 1-2-17 - Election board; schools of instruction.
Section 1-2-18 - Election board members; identification badges.
Section 1-2-19 - Oral assistance for language minority voters.
Section 1-2-20 - Messengers; compensation.
Section 1-2-21 - Challengers; appointment.
Section 1-2-22 - Challengers, watchers and election observers; qualifications; restrictions.
Section 1-2-23 - Challengers; permitted activities.
Section 1-2-24 - Challengers; identification badges.
Section 1-2-26 - Challengers; penalty.
Section 1-2-27 - Watchers; appointment.
Section 1-2-29 - Watchers and election observers; permissible activities.
Section 1-2-30 - Watchers and election observers; penalty.