Section 1-2-15 - Precinct board; vacancy on election day. - New Mexico Statutes

1-2-15. Precinct board; vacancy on election day.

A.     If for any cause a member of the precinct board is not present on election day at the precinct for which he or she was appointed, the remaining board members shall notify the county clerk who shall fill the vacancy.   

B.     If the board members are unable to contact the county clerk in a timely manner, the vacant position shall be filled as follows:   

(1)     if there is a vacancy in the position of presiding judge, the remaining board members shall elect one of the election judges to fill the vacancy;   

(2)     if there is a vacancy in the position of election judge, the presiding judge shall appoint an election clerk of a different political party than that of the remaining election judge; however, if there is no election clerk of a different political party, the presiding judge shall appoint a voter of the precinct who is of a different political party than that of the remaining election judge; and   

(3)     if the vacancy is in the position of election clerk, the presiding judge shall appoint any voter of the precinct to fill the vacancy, provided the voter is of a different political party than the remaining election clerk on a five-member board or of a different political party than that of the presiding judge on a four-member board.   

C.     No vacancy on election day shall prevent the remaining board members from proceeding to open the polls and conducting the election in their assigned precinct.