Section 1-2-31 - County canvass observers. - New Mexico Statutes

1-2-31. County canvass observers.

A.     A candidate for elected office and an election-related organization may each appoint one county canvass observer per county if the candidate or organization makes a written request to the secretary of state or county clerk at least ten days prior to the election date and specifies the county canvass to be watched and the name of the qualified appointee.  A county chair of a qualified political party may appoint as many observers as the chief election officer for that county determines is functional; provided that the state or county chair may appoint at least three observers and that the number of observers for each major political party is identical.

B.     County canvass observers shall be voters of a precinct located in that county to which they are appointed.  No sheriff, deputy sheriff, marshal, deputy marshal, municipal or state police officer, candidate or person who is a spouse, parent or child of a candidate being voted on at the election shall serve as a county canvass observer.

C.     The county canvass observer, upon presentation of the observer's written appointment to the county clerk, shall be permitted to be present from the time the county canvassing begins until the completion of the canvass.

D.     Only one county canvass observer for each candidate and each election-related organization in each county shall be permitted at one time in the room in which the canvass is being conducted.  An observer is strictly limited to observing and documenting the canvassing process, and may not interrupt the canvassing process.

E.     County canvass observers shall not interfere with the orderly conduct of the canvass, and may be removed by the chief election officer if the observer does not comply with the law.

F.     As used in this section:

(1)     "county canvass" means the process of qualifying and verifying paper ballots and counting and tallying votes for each precinct beginning upon the closing of the polls and ending with the certification and announcement of the results by the county canvassing board; and

(2)     "election-related organization" means an organization involved in voter turnout activities.