HOUSE BILL 27

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Justine Fox-Young

AN ACT

RELATING TO ELECTIONS; PROVIDING PROCEDURES FOR A RECOUNT, RECHECK OR CONTEST WHEN THERE IS AN UNDERVOTE OR WINNING MARGIN OF LESS THAN TEN THOUSAND VOTES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Election Code is enacted to read:

     "[NEW MATERIAL] RECOUNT DUE TO UNDERVOTE.--

          A. If there is an undervote of two percent or more in an election or the winning margin of a candidate for governor or president is less then ten thousand votes, a person may contest the election or request that the secretary of state conduct a recheck or recount for that race. The requestor shall not be required to post a bond or incur expenses other than posting the deposit required by the Election Code. The requestor shall be allowed to have an independent expert examine or test the voting systems used in the election.

          B. For the purposes of this section, "undervote" means the percentage of voters that voted in an election that did not cast a vote for any candidate on the ballot for the office of governor or president of the United States."

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