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
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 1-14-13.2 - 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 1-14-18 - 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 1-14-23 - Recount procedures.
Section 1-14-24 - Automatic recounts; elections for state and federal offices; procedures.