As used in the Election Code [Chapter 1 NMSA 1978], "election returns" means the certificate of the precinct board [election board] showing the total number of votes cast for each candidate, or for or against each proposed constitutional amendment or other question, and may include statements of canvass, signature rosters, poll books, tally books, machine printed returns and, in any canvass of returns for county candidates, the original certificates of registration in the possession of the county clerk, together with the copies of certificates of registration in the office of the county clerk.
History: 1953 Comp., § 3-1-7, enacted by Laws 1969, ch. 240, § 7; 1977, ch. 222, § 2; 1993, ch. 314, § 2; 1993, ch. 316, § 2.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.
1993 amendments. — Identical amendments to this section were enacted by Laws 1993, ch. 314, § 2 and Laws 1993, ch. 316, § 2, both effective June 18, 1993, which substituted "certificates" for "affidavits" following "original" and "copies of certificates" for "duplicate affidavits". The section was set out as amended by Laws 1993, ch. 316, § 2. See 12-1-8 NMSA 1978.
Actual ballots not included. — The county canvassing board is limited by 1-13-4 and 1-13-5 NMSA 1978 to examining only the "election returns." This does not include the actual ballots. Weldon v. Sanders, 1982-NMSC-136, 99 N.M. 160, 655 P.2d 1004.
Copies of registration lists not included. — Under former Election Code, definition of "returns" did not include certified copies of registration lists filed with secretary of state. Chavez v. Hockenhull, 1934-NMSC-093, 39 N.M. 79, 39 P.2d 1027.
Poll lists and tally sheets were considered part of returns for purposes of former provisions dealing with correction of returns and county canvassing board certificates by order of state canvassing board. Chavez v. Hockenhull, 1934-NMSC-093, 39 N.M. 79, 39 P.2d 1027.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Injunction against canvassing of votes and declaring result of election, 1 A.L.R.2d 588.