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.
History: 1953 Comp., § 3-13-16, enacted by Laws 1969, ch. 240, § 318; 1977, ch. 222, § 79; 2019, ch. 212, § 124.
Cross references. — For membership and duties of the state canvassing board, see N.M. Const., art. V, § 2.
For canvassing returns for officers elected by more than one county, see N.M. Const., art. XX, § 7.
The 2019 amendment, effective April 3, 2019, limited the section's application to statewide elections, and required the state canvassing board to meet after each statewide election or special state election to approve the report of the canvass; in the section heading, added "statewide election"; in Subsection A, after "each", added "statewide", and after "proceed to", added "approve the report of the"; and in Subsection B, after "shall also", added "meet in the state capitol on the third Tuesday after each statewide election or special state election to approve the report of the".
Enforcement not duty of board. — Enforcement of mandate against voting by unregistered persons and counting of ballots of such persons was not the duty of state canvassing board. Chavez v. Hockenhull, 1934-NMSC-093, 39 N.M. 79, 39 P.2d 1027 (decided under former law).
Applicability to land grant board of trustees. — Provisions relating to state canvassing board did not apply to election for board of trustees of land grant. Montoya v. Gurule, 1934-NMSC-092, 39 N.M. 42, 38 P.2d 1118 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 392 et seq.
29 C.J.S. Elections §§ 235 to 240.
Structure New Mexico Statutes
Article 13 - Post-Election Duties
Section 1-13-1 - Post-election duties; county canvassing board.
Section 1-13-2 - Post-election duties; missing returns.
Section 1-13-4 - Post-election duties; county canvass; method.
Section 1-13-5 - Post-election duties; county canvass; defective returns; correction.
Section 1-13-7 - Post-election duties; county canvass; when recheck is required.
Section 1-13-8 - Post-election duties; county canvass; search for missing returns.
Section 1-13-9 - Post-election duties; county canvass; voting machine recheck.
Section 1-13-10 - Post-election duties; voting machine recheck; cost.
Section 1-13-11 - Post-election duties; tie vote.
Section 1-13-12 - Post-election duties; mandamus to compel canvass.
Section 1-13-13 - Post-election duties; county canvassing board; certifying results.
Section 1-13-14 - Post-election duties; opening the ballot box.
Section 1-13-15 - Post-election duties; statewide election; state canvass.
Section 1-13-16 - Post-election duties; secretary of state duties.
Section 1-13-17 - Post-election duties; nature of documents.
Section 1-13-18 - Post-election duties; state canvass; corrections.
Section 1-13-19 - Post-election duties; proceedings for contempt.
Section 1-13-20 - Post-election duties; expense of corrections.
Section 1-13-21 - Clearing voting systems; transferring ballots.
Section 1-13-22 - Post-election duties; responsibility for voting machines.
Section 1-13-23 - Post-election duties; records.
Section 1-13-24 - Post-election duties; unopposed write-in candidates.