A. Each election board shall consist of:
(1) a presiding judge;
(2) two election judges; and
(3) election clerks who are appointed to assist the presiding judge and election judges.
B. The county clerk shall appoint presiding judges and election judges so that not more than two of the three judges belong to the same political party at the time of their appointment; provided that:
(1) a judge of an election board shall not have changed party registration in the two years next preceding the judge's appointment in such a manner that the judge's prior party registration would make the judge ineligible to serve on the assigned election board; and
(2) a judge of an election board shall not continue to serve on an election board if the judge changes party registration after the date of appointment in such a manner to make the judge ineligible to serve on the assigned election board.
C. The county clerk may appoint teams of presiding judges and election judges for alternate voting locations, absent voter precincts, recounts and special elections; provided that each team meets the requirements of Subsection B of this section.
D. The county clerk may appoint election clerks to the election board as necessary to assist the presiding judge and election judges if the county clerk determines that additional election board members are needed.
E. County clerk employees may be assigned by the county clerk to provide support to an election board or polling location.
History: 1953 Comp., § 3-2-11, enacted by Laws 1969, ch. 240, § 32; 1975, ch. 255, § 17; 1981, ch. 159, § 3; 1985, ch. 160, § 1; 1991, ch. 105, § 4; 1993, ch. 314, § 4; 1993, ch. 316, § 4; 1995, ch. 124, § 2; 2009, ch. 150, § 2; 2011, ch. 137, § 16; 2015, ch. 145, § 9; 2019, ch. 212, § 23.
ANNOTATIONSCross references. — For appointment of precinct board, see 1-2-6 NMSA 1978.
For qualification of board members, see 1-2-7 NMSA 1978.
The 2019 amendment, effective April 3, 2019, changed the name of "precinct board" to "election board", and revised the required composition of an election board; replaced "precinct board" with "election board" throughout the section; in the section heading, deleted "number for each precinct" and added "positions on each board"; in Subsection A, in the introductory clause, deleted "For primary, general and special federal elections, the precinct" and added "Each election", in Paragraph A(3), deleted "one" preceding "election", and after "election", deleted "clerk" and added "clerks who are appointed to assist the presiding judge and election judges"; in Subsection B, in the introductory clause, after "county clerk", deleted "in appointing precinct boards for primary, general and special federal elections", deleted paragraph designations "(1)" and "(2)", and after "election judges so that", deleted "at least one election judge shall not be of the same political party, if any, as the presiding judge; and" and added "not more than two of the three judges belong to the same political party at the time of their appointment; provided that:", and added Paragraphs B(1) and B(2); in Subsection C, added "The county clerk", after "election for judges for", added "alternate voting locations", after "voter precincts", deleted "recount precinct boards" and added "recounts", after the next occurrence of "and", deleted "alternate voting locations" and added "special elections", after "meets the requirements", deleted "pursuant to Paragraph (1) of this subsection" and added "of Subsection B of this section"; deleted former Subsection C; in Subsection D, after the subsection designation, deleted "If", after "county clerk", added "may appoint election clerks to the election board as necessary to assist the presiding judge and election judges if the county clerk", after "additional election", deleted "clerks" and added "board members", and after "are needed", deleted "the clerk may appoint such additional election clerks as the clerk deems necessary"; and in Subsection E, after "employees may be", deleted "appointed to assist a precinct board" and added "assigned by the county clerk to provide support to an election board or polling location".
The 2015 amendment, effective July 1, 2015, authorized the county clerk to appoint teams of presiding judges and election judges for recount precinct boards and authorized the county clerk to appoint county clerk employees to assist a precinct board; in Paragraph (2) of Subsection B, after "voter precincts", added "recount precinct boards"; and added Subsection E.
The 2011 amendment, effective July 1, 2011, provided the method for appointing presiding judges and election judges and eliminated the authority of election clerks to appoint additional election clerks.
The 2009 amendment, effective June 19, 2009, in Subsection B, deleted "When one voting machine is to be used in a precinct" and added "For primary, general and special federal elections"; in Subsection C, deleted "When two voting machine are to be used in a precinct" and added "For all other elections"; in Paragraph (2) of Subsection C, changed "two" to "one"; deleted "judges who shall be of different political parties" and added "judge"; in Paragraph (3) of Subsection C, changed "two" to "one"; deleted "clerks who shall be of different political parties" and added "clerk"; and deleted Subsection D, which provided for cases in which three voting machines are used.
The 1995 amendment, effective January 1, 1996, substituted "multipartisan" for "bipartisan" in the section heading; and in Subsection A, rewrote Paragraphs (2) and (3) and added Paragraph (4).
The 1993 amendment, made a minor stylistic change in Subsection E and substituted "certificate" for "affidavit" in Subsection F.
The 1991 amendment, effective April 2, 1991, deleted former Subsection E which read "Alternates for each precinct board shall be selected in the same proportion as precinct board members"; redesignated former Subsections F and G as Subsections E and F; and made a minor stylistic change in Subsection E.
County commissioners as election judges unconstitutional. — Former absent voter's law which attempted to constitute board of county commissioners as judges of election was unconstitutional as contrary to N.M. Const., art. VII, § 1, which provides that not more than two judges of election shall belong to same political party at time of their appointment. Thompson v. Scheier, 1936-NMSC-026, 40 N.M. 199, 57 P.2d 293.
Mandamus not granted after election. — Mandamus to revoke the appointment of one judge of election from the republican party and make the appointment from the democratic party would not be granted after the election as the issue had become moot. Board of Comm'rs v. Coors, 1925-NMSC-023, 30 N.M. 482, 239 P. 524.
Election judges have no tenure. — Election judges created for a specific purpose and to perform certain public duties have no definite tenure of office. Territory ex rel. Lester v. Suddith, 1910-NMSC-068, 15 N.M. 728, 110 P. 1038.
Appointment of officials for each precinct. — The appointment of election judges and other election officials for each precinct and election district is contemplated under the primary law. 1944 Op. Att'y Gen. No. 44-4442.