Section 3-8-53 - Post-election duties; canvass of returns; majority vote for questions. - New Mexico Statutes

3-8-53. Post-election duties; canvass of returns; majority vote for questions.

A.     After the polls are closed and after the return of the ballot box, election returns and other materials by a precinct board and not later than noon on the third day after the election, the municipal clerk shall call to his assistance to open the returns:   

(1)     a magistrate within the county, so long as the magistrate is not a candidate for an office of the municipality;   

(2)     the members of the governing body of the municipality who are not candidates for municipal office; provided that if the members of the governing body who are not candidates for municipal office constitute a quorum, a special meeting shall be called; or   

(3)     a district court judge from the judicial district in which the municipality is located.   

B.     The municipal clerk and the persons called to open the returns are the municipal canvassing board, and the municipal clerk shall be the presiding officer of the municipal canvassing board.   

C.     In the presence of the other members of the municipal canvassing board, the municipal clerk shall publicly:   

(1)     canvass the returns in the manner set forth in the Municipal Election Code [Chapter 3, Articles 8 and 9 NMSA 1978];   

(2)     prepare and execute a certificate of canvass certifying the results of the election. Such certificate shall contain the total number of voters who voted at the election, the total number of votes cast for each candidate, each declared write-in candidate and for and against each question, which candidates were elected to office and whether each question passed or failed;   

(3)     sign the certificate of canvass with the municipal canvassing board signing the certificate of canvass as witnesses; and   

(4)     immediately file the certificate of canvass in the official minute book of the municipality.   

D.     The matters to be performed pursuant to Subsection C of this section shall be completed not later than 5:00 p.m. on the third day following the election, and such matters shall be performed solely at the office of the municipal clerk.   

E.     All questions submitted to the voters shall be decided by a majority of the voters voting on the question except as otherwise provided by law.