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.
History: 1953 Comp., § 3-13-7.1, enacted by Laws 1977, ch. 222, § 76.
Cross references. — For application for recount, see 1-14-14 NMSA 1978.
For recounts, see 1-14-14 to 1-14-21 NMSA 1978.
Compiler's notes. — Several of the following notes are from cases decided under former Election Code provisions.
Court to correct election official's error in counting ballot. — The supreme court can correct any error of law appearing on the face of a ballot which has been made by election officials in counting a ballot for a candidate which is not a vote for that candidate. Turner v. Judah, 1955-NMSC-058, 59 N.M. 470, 286 P.2d 317.
Court to decline jurisdiction when number of unregistered votes cannot affect result. — District court should decline jurisdiction, leaving vote of a contested precinct to be included in official county canvass, when total number of unregistered votes cast cannot possibly affect the result. Miera v. Martinez, 1944-NMSC-005, 48 N.M. 30, 145 P.2d 487.
Applicability to primary elections. — Former provision dealing with recount upon finding that ballots were cast by unregistered persons was applicable to primary elections. Reese v. Dempsey, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 389, 391, 399.
29 C.J.S. Elections §§ 237(3), 239.
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.