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AN ACT

RELATING TO ELECTIONS; PROVIDING FOR AUTOMATIC RECOUNTS OF

CERTAIN ELECTIONS; PROVIDING FOR RECOUNT AND RECHECK

PROCEDURES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE

ELECTION CODE.

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:

"AUTOMATIC RECOUNTS--ELECTIONS FOR STATE AND FEDERAL

OFFICES--PROCEDURES.--

A. An automatic recount of the vote is required

when the canvass of returns for a federal or state office in a

primary or general election indicates that the margin between

the two candidates receiving the greatest number of votes for

the office is less than one-half of one percent of the total

votes cast for that office in that election.

B. The secretary of state shall file notice with

the state canvassing board within five days of the completion

of the state canvass that an automatic recount is required,

and the state canvassing board shall order a recount of the

ballots for the specified office.

C. Automatic recounts shall be conducted pursuant

to the recount procedures established in Sections 1-14-16 and

1-14-18 through 1-14-22 NMSA 1978.

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D. For the purposes of this section, "state

office" means the office of governor, lieutenant governor,

state auditor, state treasurer, attorney general, secretary of

state, supreme court justice, court of appeals judge, district

judge, magistrate judge, public regulation commissioner,

commissioner of public lands, state senator or state

representative."

Section 2. A new section of the Election Code is

enacted to read:

"AUTOMATIC RECOUNTS--EXPENSES.--The secretary of state

shall reimburse the counties for the costs of conducting an

automatic recount with money appropriated to the secretary.

In the event that current year appropriations to the secretary

of state do not cover the cost of an automatic recount, the

secretary may apply to the state board of finance for an

emergency grant to cover those costs pursuant to Section 6-1-2

NMSA 1978."

Section 3. Section 1-14-16 NMSA 1978 (being Laws 1969,

Chapter 240, Section 345, as amended) is repealed and a new

Section 1-14-16 NMSA 1978 is enacted to read:

"1-14-16. RECOUNT OR RECHECK PROCEEDINGS.--

A. Immediately after filing of the application for

recount or recheck, or notice of an automatic recount, the

appropriate canvassing board shall issue an order to the

county clerk of each county where a precinct specified in the

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application or notice is located commanding the county clerk

to convene the absent voter precinct board at the county seat

on a day specified in the order, which date shall not be more

than ten days after the filing of the application for a

recount or recheck or notice of an automatic recount.

B. Upon receipt of the order, the county clerk

shall send notices by registered mail of the date fixed for

the recount or recheck to the district judge for the county,

the absent voter precinct board members and the county chair

of each of the political parties that participated in the

election for the office in question.

C. The absent voter precinct board, district judge

and county clerk shall meet on the date fixed for the recount

or recheck, and the ballot boxes and ballot containers or

voting machines of the precincts involved in the recount or

recheck shall be opened. The absent voter precinct board

shall recount and retally the ballots, or recheck the votes

cast on the voting machines, as the case may be, for the

office in question in the presence of the county clerk,

district judge, or person designated to act for the district

judge, and any other person who may desire to be present.

D. After completion of the recount or recheck, the

absent voter precinct board shall replace the ballots in the

ballot boxes and ballot containers and lock them, or the

voting machines shall be locked and resealed, and the precinct

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board shall certify to the secretary of state the results of

the recount or recheck. The district judge, or the person

designated to act for the district judge, and the county clerk

shall also certify that the recount or recheck was made in

their presence."

Section 4. 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 absent voter precinct boards

making a recount or recheck, the proper canvassing board shall

meet and recanvass the returns for the office in question.

B. In making the recanvass, the proper canvassing

board shall be bound by the certificates of recount or recheck

from the absent voter precinct boards instead of the original

returns from the 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

privileges as if such certificate had been originally issued

by the canvassing board."

Section 5. REPEAL.--Section 1-14-17 NMSA 1978 (being

Laws 1969, Chapter 240, Section 346, as amended) is repealed.

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