Section 1-4-22 - Cancellation of registration; petition to district court. - New Mexico Statutes

1-4-22. Cancellation of registration; petition to district court.

A.     At any time not less than forty-two days prior to any election held pursuant to the Election Code [Chapter 1 NMSA 1978], the secretary of state, the county chairman of any major political party or any twenty petitioners who are voters of the county may file and present to the district court a verified petition alleging either on personal knowledge or on information and belief that certain persons registered, named in the petition, are not qualified electors in the precincts named in the petition.  The petition shall contain a brief statement of the facts upon which such allegation is made.   

B.     Upon filing and presentation of such petition, the court shall by order fix a day for hearing thereon, which date shall be not less than five days nor more than ten days after such order.  The court shall direct the county clerk to forthwith notify such persons named in the petition whose registration is sought to be canceled of the date and purpose of the hearing, and that each such person should be present at the hearing if he desires to oppose such cancellation.   

C.     Any county chairman or any group of twenty petitioners who, without reasonable cause, shall file a petition seeking to purge a voter are liable for the costs of such proceeding.   

D.     If, after hearing, the court finds that the registration of any of the persons named in the petition should be canceled, it shall by order direct the county clerk to cancel such registrations.