As used in the Election Code, "election board" means the judges of election in accordance with Article 7, Section 1 of the constitution of New Mexico and the election clerks that are appointed pursuant to Section 1-2-12 NMSA 1978 and serving in a polling place or tallying ballots that have been cast in a statewide or special election.
History: 1953 Comp., § 3-1-12, enacted by Laws 1969, ch. 240, § 12; 2011, ch. 137, § 8; 2019, ch. 212, § 7.
ANNOTATIONSCross references. — For appointment and qualification of board members, see 1-2-6 and 1-2-7 NMSA 1978.
For composition of board, see 1-2-12 NMSA 1978.
For school of instruction, see 1-2-17 NMSA 1978.
The 2019 amendment, effective April 3, 2019, changed the name of "precinct board" to "election board", and defined "election board" as used in the Election Code; in the section heading, deleted "precinct" and added "election"; after "Election Code", deleted "precinct" and added "election", after "board", deleted "or 'poll workers'", after "means the", deleted "appointed election officials" and added "judges of election in accordance with Article 7, Section 1 of the constitution of New Mexico and the election clerks that are appointed pursuant to Section 1-2-12 NMSA 1978 and", and after "serving", deleted "a single precinct, a consolidated precinct, an absent voter precinct or an alternate voting location" and added "in a polling place or tallying ballots that have been cast in a statewide or special election".
The 2011 amendment, effective July 1, 2011, defined "poll workers" and added absent voter precincts and alternative voting locations to the list of voting places.
"Precinct board" does not include county clerk. — For the purposes of the Election Code, "precinct board" means the appointed election officials serving a single precinct or a consolidated precinct and does not include the county clerk. Gunaji v. Macias, 2001-NMSC-028, 130 N.M. 734, 31 P.3d 1008.