SENATE BILL 245
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Ramsay L. Gorham
AN ACT
RELATING TO ELECTIONS; ALLOWING RECOUNTS FOR ELECTIONS IN WHICH THERE ARE NO CANDIDATES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 1-14-14 NMSA 1978 (being Laws 1969, Chapter 240, Section 343, as amended) is amended to read:
"1-14-14. RECOUNTS--RECHECKS--APPLICATION.--
A. Whenever any candidate for any office for which the state canvassing board or county canvassing board issues a certificate of nomination or election believes that any error or fraud has been committed by any precinct board in counting or tallying the emergency paper ballots, provisional paper ballots or absentee ballots, in the verification of the votes cast on the voting machines or in the certifying of the results of any election whereby the results of the election in the precinct have not been correctly determined, declared or certified, the candidate, within six days after completion of the canvass by the proper canvassing board, may have a recount of the emergency paper ballots, provisional paper ballots or absentee ballots, or a recheck of the votes shown on the voting machines, that were cast in the precinct.
B. The county canvassing board shall recount the emergency paper ballots, provisional paper ballots or absentee ballots, or recheck the votes recorded on the voting machines, if, within six days of completion of the county canvass, the district court of the county receives a written petition from at least twenty-five voters of the county requesting a recount or recheck of the results in an election on a ballot question.
[B.] C. In the case of any office for which the state canvassing board issues a certificate of nomination or election, application for recount or recheck shall be filed with the secretary of state.
[C.] D. In the case of any office for which the county canvassing board issues a certificate of nomination or election, application for recount or recheck shall be filed with the district judge for the county in which the applicant resides.
E. In the case of an election on a ballot question, the petition for recount or recheck shall be filed with the district judge for the county in which the petitioners reside."
Section 2. Section 1-14-17 NMSA 1978 (being Laws 1969, Chapter 240, Section 346, as amended) is amended to read:
"1-14-17. RECOUNT AND RECHECK PROCEEDINGS--COUNTY.--
A. Immediately upon filing of the application or petition for recount or recheck, the district judge shall by order fix the place and date of the recount or recheck, which date shall not be more than ten days after the filing of the application or petition. Such order of the district judge shall direct the county clerk to issue a summons to the precinct board of the precinct complained of. It shall command them to attend at the time and place specified therein and to make such recount or recheck.
B. The summons shall be forthwith personally served by the sheriff upon each precinct board member.
C. The county clerk shall notify the county chairman of each political party that participated in the election in that precinct of the date and place fixed for the recount or recheck. The notice shall be by registered mail.
D. The precinct board, district judge and county clerk shall meet at the county courthouse at 10:00 a.m. on the date set.
E. The ballot boxes or voting machines of the precincts involved in the recount or recheck shall be unlocked, and the precinct board shall recount and retally the emergency paper ballots, provisional paper ballots and absentee ballots, or recheck the votes cast on the voting machine, for the office in question or the ballot question in the presence of the district judge, or person designated to act for him, the county clerk and any other person who desires to be present.
F. At the recount, the precinct board of a precinct using emergency paper ballots, provisional paper ballots or absentee ballots shall recount and retally only the ballots [which] that the presiding judge accepted and placed in the ballot box as legal ballots at the time they were cast.
G. After completion of the recount or recheck, the emergency paper ballots, provisional paper ballots or absentee ballots shall be placed in the ballot box and locked, or the voting machines shall be locked and resealed, and the precinct board shall certify to the county canvassing board the results of the recount or recheck. The district judge and county clerk shall certify that such recount or recheck was made in their presence."
Section 3. Section 1-14-18 NMSA 1978 (being Laws 1969, Chapter 240, Section 347, as amended) is amended to read:
"1-14-18. RECOUNT--RECHECK--RECANVASS BY CANVASSING BOARDS.--
A. Immediately upon receipt of the certificate of recount or recheck from all the precinct boards making a recount or recheck, the proper canvassing board shall meet and recanvass the returns for the office in question or the ballot question.
B. In making the recanvass, the proper canvassing board shall be bound by the certificates of recount or recheck from the precinct boards instead of the original returns from those precinct boards.
C. After the recanvass, if it appears that fraud or error has been committed sufficient to change the winner of the election, then the proper canvassing board shall revoke the certificate of nomination or election already issued to any person for that office and shall issue a certificate of nomination or election in favor of the person receiving a plurality of the votes cast at the election as shown by the recount or recheck, and such certificate shall supersede all others and entitle the holder to the same rights and [priviileges] privileges as if such certificate had been originally issued by the canvassing board.
D. After the recanvass, if it appears that fraud or error has been committed sufficient to change the results of the election in the case of a ballot question, then the state canvassing board shall revoke the declaration already issued on that ballot question and declare the results of the election as shown by the recount or recheck, and the declaration of results shall supersede all others as if the declaration has been originally issued by the canvassing board."
Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.
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