Bets and wagers on an election authorized by the constitution and laws of the United States, or by the laws of this state, are gaming within the meaning of this chapter [44-5-1 to 44-5-14 NMSA 1978].
History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 10; C.L. 1884, § 2299; C.L. 1897, § 3208; Code 1915, § 2516; C.S. 1929, § 58-110; 1941 Comp., § 25-1010; 1953 Comp., § 22-10-10.
Compiler's notes. — The term "this chapter" was substituted for the term "this act" by the 1915 Code compilers and refers to ch. 48 of the 1915 Code.
Section applied to sheriff's election at general election. — This section applied to a bet or wager upon the result of the election of sheriff at a general election. Armstrong v. Aragon, 1905-NMSC-003, 13 N.M. 19, 79 P. 291.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 C.J.S. Gaming § 89.
Structure 2021 New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Article 5 - Gambling Debts and Losses
Section 44-5-2 - [Contents of complaint.]
Section 44-5-5 - [Defense in action by assignee.]
Section 44-5-7 - [How defenses under this article may be asserted.]
Section 44-5-8 - [Suit before magistrate; interrogatories to defendant.]
Section 44-5-9 - [Answer to interrogatories not evidence in criminal prosecution.]
Section 44-5-10 - [Election bets included.]
Section 44-5-11 - [Stakeholder's liability; demand required.]
Section 44-5-12 - [Garnishment against winner in action by creditor against loser.]