A challenge may be interposed by a member of the precinct board [election board] or by a party challenger for the following reasons:
A. the person offering to vote is not registered to vote;
B. the person offering to vote is listed among those persons to whom an absentee ballot was mailed;
C. the person offering to vote has already cast a ballot in that election;
D. the person offering to vote is improperly registered because the person is not a qualified elector; or
E. in the case of a primary election, the person desiring to vote is not affiliated with a political party represented on the ballot.
History: 1953 Comp., § 3-12-37, enacted by Laws 1969, ch. 240, § 273; 1987, ch. 249, § 31; 2011, ch. 137, § 90.
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.
Cross references. — For definition of qualified elector, see 1-1-4 NMSA 1978.
For provision that challenger may inspect registration book, see 1-2-23 NMSA 1978.
For registration required, see 1-4-1 NMSA 1978.
For cancellation of registration, see 1-4-22 to 1-4-32 NMSA 1978.
For handling of and challenge of absentee ballots, see 1-6-14 NMSA 1978.
For persons not permitted to vote, see 1-12-7 NMSA 1978.
For provision that challenge may be interposed upon voter writing name in pollbook, see 1-12-10 NMSA 1978.
The 2011 amendment, effective July 1, 2011, permitted a challenge if the person offering to vote has already voted in the election and eliminated a challenge on the ground that the outer envelope of an absentee ballot has been opened prior to the counting of ballots.
Challenger must have personal knowledge. — A challenge under this section must come from the personal knowledge of the challenger because the voter is entitled to the prima facie evidence of the voter list that he is indeed a resident. 1975 Op. Att'y Gen. No. 75-27.
Election not wholly void though voters not registered. — Under Laws 1868, ch. 26, § 1 (now repealed) and Laws 1903, ch. 64 (now repealed), an election held without appointment of board of registration and registration of voters, while irregular, was not wholly void, where voters participating in election presented affidavits required by law to judges of election along with their ballots. State ex rel. Walker v. Bridges, 1921-NMSC-041, 27 N.M. 169, 199 P. 370 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 329.
Legality of votes cast by persons otherwise qualified as affected by nonregistration, 101 A.L.R. 657.
29 C.J.S. Elections § 209.