0001| HOUSE BILL 461 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| JERRY LEE ALWIN | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO ELECTIONS; PROVIDING FOR MANDATORY RECOUNTS UNDER | 0012| CERTAIN CIRCUMSTANCES; AMENDING THE ELECTION CODE. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 1-14-14 NMSA 1978 (being Laws 1969, | 0016| Chapter 240, Section 343, as amended) is amended to read: | 0017| "1-14-14. RECOUNTS--RECHECKS--APPLICATION.-- | 0018| A. Whenever any candidate for any office for which | 0019| the state canvassing board or county canvassing board issues a | 0020| certificate of nomination or election believes that any error | 0021| or fraud has been committed by any precinct board in counting | 0022| or tallying the emergency paper ballots or absentee ballots, in | 0023| the verification of the votes cast on the voting machines or in | 0024| the certifying of the results of any election whereby the | 0025| results of the election in the precinct have not been correctly | 0001| determined, declared or certified, the candidate, within six | 0002| days after completion of the canvass by the proper canvassing | 0003| board, may have a recount of the emergency paper ballots or | 0004| absentee ballots, or a recheck of the votes shown on the voting | 0005| machines, that were cast in the precinct. | 0006| B. In any primary or general election where the | 0007| difference in the canvass of the votes between the successful | 0008| candidate of a district and the candidate having the next | 0009| highest number of votes in that district is one percent or less | 0010| as certified by the county or state canvassing board: | 0011| (1) in the case of the county canvassing | 0012| board, the county clerk shall certify that result to the | 0013| district judge and the district judge shall order a mandatory | 0014| recount by precinct in the manner provided in Section 1-14-17 | 0015| NMSA 1978 for the applicable district within ten days after | 0016| completion of the canvass without any cost of proceedings to | 0017| the candidates as required by the provisions of Section 1-14-15 | 0018| NMSA 1978; and | 0019| (2) in the case of the state canvassing board, | 0020| the state board shall order a recount in the applicable | 0021| district within ten days after completion of the canvass in the | 0022| manner provided by Section 1-14-16 NMSA 1978. The recount | 0023| shall be without cost of proceedings to the candidates as | 0024| required by the provisions of Section 1-14-15 NMSA 1978. | 0025| ~~[B.]~~ C. In the case of any office for which the | 0001| state canvassing board issues a certificate of nomination or | 0002| election, application for recount or recheck shall be filed | 0003| with the secretary of state. | 0004| ~~[C.]~~ D. In the case of any office for which the | 0005| county canvassing board issues a certificate of nomination or | 0006| election, application for recount or recheck shall be filed | 0007| with the district judge for the county in which the applicant | 0008| resides." | 0009| Section 2. Section 1-14-15 NMSA 1978 (being Laws 1978, | 0010| Chapter 48, Section 1) is amended to read: | 0011| "1-14-15. RECOUNTS--RECHECKS--COST OF PROCEEDINGS.-- | 0012| A. Any applicant for a recount shall deposit with | 0013| the proper canvassing board fifty dollars ($50.00) in cash, or | 0014| a sufficient surety bond in an amount equal to fifty dollars | 0015| ($50.00), for each precinct for which a recount is demanded. | 0016| Any applicant for a recheck shall deposit with the proper | 0017| canvassing board ten dollars ($10.00) in cash, or a sufficient | 0018| surety bond in an amount equal to ten dollars ($10.00), for | 0019| each voting machine to be rechecked. | 0020| B. The deposit or surety bond shall be security for | 0021| the payment of the costs and expenses of the recount or recheck | 0022| in case the results of the recount or recheck are not | 0023| sufficient to change the results of the election. | 0024| C. If it appears that error or fraud sufficient to | 0025| change the winner of the election has been committed, the costs | 0001| and expenses of the recount or recheck shall be paid by the | 0002| state upon warrant issued by the secretary of finance and | 0003| administration supported by a voucher of the state canvassing | 0004| board, or shall be paid by the county upon warrant of the | 0005| county clerk from the general fund of the county, as the case | 0006| may be. | 0007| D. If no error or fraud appears to be sufficient to | 0008| change the winner, the costs and expenses for the recount or | 0009| recheck shall be paid by the applicant. Costs shall consist of | 0010| any docket fees, mileage of the sheriff in serving summons and | 0011| fees and mileage of precinct board members, at the same rates | 0012| allowed witnesses in civil actions. If error or fraud has been | 0013| committed by a precinct board, they shall not be entitled to | 0014| such mileage or fees. | 0015| E. In the case of an election where the difference | 0016| in the canvass of the votes between the successful candidate | 0017| and the candidate having the next highest number of votes is | 0018| one percent or less, the recount shall take place without cost | 0019| to the candidates." | 0020| Section 3. Section 1-14-16 NMSA 1978 (being Laws 1969, | 0021| Chapter 240, Section 345, as amended) is amended to read: | 0022| "1-14-16. RECOUNT OR RECHECK PROCEEDINGS--STATE.-- | 0023| A. Immediately after filing of the application for | 0024| recount or recheck, or a certification of the election | 0025| resulting in the margin of votes as provided in Section 1-14-14 | 0001| NMSA 1978, the state canvassing board shall issue a summons | 0002| directed to the precinct board of each precinct specified in | 0003| the application commanding it to appear at the county seat of | 0004| the county wherein the precinct is situated on a day fixed in | 0005| the summons, which date shall not be more than ten days after | 0006| the filing of the application for a recount or recheck. The | 0007| summons shall be forwarded to the county clerk of the concerned | 0008| county. | 0009| B. Upon receipt of the summons, the county clerk | 0010| shall deliver it to the sheriff who shall forthwith personally | 0011| serve it upon each of the precinct board members. The county | 0012| clerk shall thereupon send notices by registered mail of the | 0013| date fixed for recount or recheck to the district judge for the | 0014| county and to the county chairman of each of the political | 0015| parties that participated in the election in that precinct. | 0016| C. The precinct boards, district judge and the | 0017| county clerk shall meet at the county courthouse at 10:00 a.m. | 0018| on the date fixed for the recount or recheck, and the ballot | 0019| boxes or voting machines of the precincts involved in the | 0020| recount or recheck shall be opened. The precinct boards shall | 0021| recount and retally the emergency paper ballots or the absentee | 0022| ballots, or recheck the votes cast on the voting machine, as | 0023| the case may be, for the office in question in the presence of | 0024| the county clerk, district judge or person designated to act | 0025| for him, and any other person who may desire to be present. | 0001| D. During the recount or recheck, the precinct | 0002| board of a precinct where emergency paper ballots or absentee | 0003| ballots were used shall recount and retally only the ballots | 0004| ~~[which]~~ that the presiding judge accepted and placed in the | 0005| ballot box as legal ballots at the time they were cast or | 0006| received, as the case may be. | 0007| E. After completion of the recount or recheck, the | 0008| precinct board shall replace the emergency paper ballots or | 0009| absentee ballots in the ballot box and lock it, or the voting | 0010| machines shall be locked and resealed, and the precinct board | 0011| shall certify to the secretary of state the results of the | 0012| recount or recheck. The district judge, or the person | 0013| designated to act for him, and the county clerk shall also | 0014| certify that the recount or recheck was made in their | 0015| presence." | 0016| Section 4. Section 1-14-17 NMSA 1978 (being Laws 1969, | 0017| Chapter 240, Section 346, as amended) is amended to read: | 0018| "1-14-17. RECOUNT AND RECHECK PROCEEDINGS--COUNTY.-- | 0019| A. Immediately upon filing of the application for | 0020| recount or recheck, or a certification by the county clerk as | 0021| required by Section 1-14-14 NMSA 1978, the district judge | 0022| shall by order fix the place and date of the recount or | 0023| recheck, which date shall not be more than ten days after the | 0024| filing of the application. Such order of the district judge | 0025| shall direct the county clerk to issue a summons to the | 0001| precinct board of the precinct complained of. It shall command | 0002| them to attend at the time and place specified therein and to | 0003| make such recount or recheck. | 0004| B. The summons shall be forthwith personally served | 0005| by the sheriff upon each precinct board member. | 0006| C. The county clerk shall notify the county | 0007| chairman of each political party that participated in the | 0008| election in that precinct of the date and place fixed for the | 0009| recount or recheck. The notice shall be by registered mail. | 0010| D. The precinct board, district judge and county | 0011| clerk shall meet at the county courthouse at 10:00 a.m. on the | 0012| date set. | 0013| E. The ballot boxes or voting machines of the | 0014| precincts involved in the recount or recheck shall be unlocked, | 0015| and the precinct board shall recount and retally the emergency | 0016| paper and absentee ballots or recheck the votes cast on the | 0017| voting machine for the office in question in the presence of | 0018| the district judge or person designated to act for him, the | 0019| county clerk and any other person who desires to be present. | 0020| F. At the recount, the precinct board of a precinct | 0021| using emergency paper ballots or absentee ballots shall recount | 0022| and retally only the ballots ~~[which]~~ that the presiding | 0023| judge accepted and placed in the ballot box as legal ballots at | 0024| the time they were cast. | 0025| G. After completion of the recount or recheck, the | 0001| emergency paper ballots or absentee ballots shall be placed in | 0002| the ballot box and locked, or the voting machines shall be | 0003| locked and resealed, and the precinct board shall certify to | 0004| the county canvassing board the results of the recount or | 0005| recheck. The district judge and county clerk shall certify | 0006| that such recount or recheck was made in their presence." | 0007| | 0008| State of New Mexico | 0009| House of Representatives | 0010| | 0011| FORTY-THIRD LEGISLATURE | 0012| FIRST SESSION, 1997 | 0013| | 0014| | 0015| March 12, 1997 | 0016| | 0017| | 0018| Mr. Speaker: | 0019| | 0020| Your JUDICIARY COMMITTEE, to whom has been referred | 0021| | 0022| HOUSE BILL 461, as amended | 0023| | 0024| has had it under consideration and reports same with | 0025| recommendation that it DO PASS, and thence referred to the | 0001| APPROPRIATIONS AND FINANCE COMMITTEE. | 0002| | 0003| Respectfully submitted, | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| Thomas P. Foy, Chairman | 0010| | 0011| | 0012| Adopted Not Adopted | 0013| | 0014| (Chief Clerk) (Chief Clerk) | 0015| | 0016| Date | 0017| | 0018| The roll call vote was 8 For 0 Against | 0019| Yes: 8 | 0020| Excused: King, Mallory, Rios, Sanchez, Stewart | 0021| Absent: None | 0022| | 0023| | 0024| G:\BILLTEXT\BILLW_97\H0461 State of New MexicoState of New | 0025| Mexico | 0001| House of Representatives | 0002| | 0003| FORTY-THIRD LEGISLATURE | 0004| FIRST SESSION, 1997 | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| Mr. Speaker: | 0011| | 0012| Your | 0013| House of Representatives | 0014| | 0015| FORTY-THIRD LEGISLATURE | 0016| FIRST SESSION, 1997 | 0017| | 0018| | 0019| March 14, 1997 | 0020| | 0021| | 0022| Mr. Speaker: | 0023| | 0024| Your APPROPRIATIONS AND FINANCE COMMITTEE, to | 0025| whom has been referred | 0001| | 0002| HOUSE BILL 461, as amended | 0003| | 0004| has had it under consideration and reports same with | 0005| recommendation that it DO PASS. | 0006| | 0007| Respectfully submitted, | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| Max Coll, Chairman | 0014| | 0015| | 0016| Adopted Not Adopted | 0017| | 0018| (Chief Clerk) (Chief Clerk) | 0019| | 0020| Date | 0021| | 0022| The roll call vote was 12 For 0 Against | 0023| Yes: 12 | 0024| Excused: Bird, Garcia, M.H., Marquardt, Salazar, Watchman | 0025| Absent: None | 0001| | 0002| | 0003| G:\BILLTEXT\BILLW_97\H0461 |