N.M. Stat. » Chapter 1 — Elections
New Mexico Statutes

N.M. Stat. § 1-13-18 (2026)

Post-election duties; state canvass; corrections

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The state canvassing board shall carefully examine all election returns and certificates issued by the county canvassing boards. If any discrepancy, omission or error appears on their face, the state canvassing board shall immediately forward such returns or certificate to the district court in which the precinct or county canvassing board is situated. The district judge upon receipt of such returns or certificate shall issue a summons to the responsible precinct board [election board] or county canvassing board, directing them to appear forthwith before him to complete or correct such returns or certificate.

History: 1953 Comp., § 3-13-19, enacted by Laws 1969, ch. 240, § 321.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.

Tally sheets and pollbooks considered "face of the returns". — For purpose of discovering any "discrepancy, omission, or error," and securing correction thereof in conformity with former statutes, not only certificate but also tally sheets and pollbooks were to be considered as constituting the "face of the returns" to be transmitted to secretary of state. Chavez v. Hockenhull, 1934-NMSC-093, 39 N.M. 79, 39 P.2d 1027 (decided under former law).

Notes of Decisions
Cited in 3 cases, 2006–2010 · leading case: Cobb v. State Canvassing Bd., 2006-NMSC-034, 140 P.3d 498.
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Cobb v. State Canvassing Bd., 2006-NMSC-034, 140 P.3d 498. · cites it 2× “The State Canvassing Board meets to conduct the canvass, see NMSA 1978, § 1-13-15 (1977), issue certificates of elections or nominations, see NMSA 1978, § 1-13-16 (1979), and examine election returns and certificates issued by the county canvassing boards, see NMSA 1978, §…”
Am. Ass'n of People with Disabilities v. Herrera, 690 F. Supp. 2d 1183 (D.N.M. 2010). · cites it 2× “Instead, the Supreme Court of New Mexico distinguishes between the fact that “the Election Code does allow the Secretary of State to make rules and regulations to carry out *1229 the purposes of the Election Code,” and the Canvassing Board, whose actions are explicitly…”
Ass'n of People With Disabilities v. Herrera, 690 F. Supp. 2d 1183 (D.N.M. 2010). · cites it 2× “w the Secretary of State to make rules and regulations to carry out *1229 the purposes of the Election Code," and the Canvassing Board, whose actions are explicitly controlled by statute, which permits the Board to meet to conduct the canvass, see NMSA 1978, § 1-13-15, to issue…”
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