New Mexico Statutes
Article 14 - Contests and Recounts
Section 1-14-2 - Contest of elections; status of person holding certificate.

In case of a contest of an election, the person holding the certificate of election shall take possession and discharge the duties of the office until the contest is decided.
History: 1953 Comp., § 3-14-2, enacted by Laws 1969, ch. 240, § 327.
Court not bound by certificate excluding returns. — Certificate of county canvassing board that contestee had been duly elected did not bind district court when certificate improperly excluded returns from a questioned precinct because unregistered persons supposedly voted and it affirmatively appeared that number of unregistered votes cast was not enough to alter the election result. Miera v. Martinez, 1944-NMSC-005, 48 N.M. 30, 145 P.2d 487 (decided under former law).
Person holding certificate takes possession and discharges duties of office. — Election of justices of peace (now magistrates) may be contested before probate judge, and contest must be heard and determined in summary manner; pending such contest, person holding certificate of election takes possession and discharges duties of office. Quintana v. Tompkins, 1853-NMSC-001, 1 N.M. 29, overruled on other grounds, Arellano v. Chacon, 1859-NMSC-002, 1 N.M. 269, (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of one holding certificate of election to take office as against incumbent whose term has expired, notwithstanding election contest, 81 A.L.R. 620.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 1 - Elections

Article 14 - Contests and Recounts

Section 1-14-1 - Contest of elections; who may contest.

Section 1-14-2 - Contest of elections; status of person holding certificate.

Section 1-14-3 - Contest of election; filing of complaint.

Section 1-14-4 - Contest of election; judgment; effect; costs.

Section 1-14-5 - Contest of election; appeal.

Section 1-14-6 - Contest of election; preservation of ballots.

Section 1-14-7 - Contest of election; disqualification of trial judge.

Section 1-14-8 - Impounding ballots; ballots defined.

Section 1-14-9 - Impounding ballots; application for court order; deposit required.

Section 1-14-10 - Order of impoundment; contents.

Section 1-14-11 - Impoundment; subsequent orders; access; termination of order.

Section 1-14-12 - Disposition of deposit in impoundment proceedings.

Section 1-14-13 - Post-election duties; proof that no corruption occurred; rejection of ballots.

Section 1-14-13.1 - Repealed.

Section 1-14-13.2 - Post-election duties; voting system check.

Section 1-14-13.3 - General election audit.

Section 1-14-14 - Recounts; rechecks; application.

Section 1-14-15 - Recounts; rechecks; cost of proceedings.

Section 1-14-16 - Recount or recheck proceedings.

Section 1-14-17 - Repealed.

Section 1-14-18 - Recount; recheck; recanvass by canvassing boards.

Section 1-14-19 - Recount; recheck; candidate for district judge.

Section 1-14-20 - Recounts; rechecks; appointment of a special master.

Section 1-14-21 - Recounts; rechecks; mandamus.

Section 1-14-22 - Contests and recounts; provisional, absentee and other paper ballots; use of ballot images.

Section 1-14-23 - Recount procedures.

Section 1-14-24 - Automatic recounts; elections for state and federal offices; procedures.

Section 1-14-24 - Automatic recounts; elections for state and federal offices; procedures. (Effective January 1, 2023.)

Section 1-14-25 - Automatic recounts; expenses.