A. The candidates receiving the most votes cast for the open seats on the board of trustees and meeting any precinct restriction requirements established pursuant to Section 49-1-4 NMSA 1978 shall be elected to the board.
B. The election judges and the canvassing board shall meet not later than seven days following the election and canvass the votes cast and issue to each candidate duly elected to a seat on the board a certificate of election.
C. In the event of a tie vote between any candidates for the board of trustees, the determination of which of the candidates shall be declared to have been elected shall be decided by lot. If the method for determining by lot is not set forth in the bylaws of the land grant-merced, the method shall be agreed upon by the tied candidates. The canvassing board shall issue the certificate of election to the candidate chosen by lot.
D. Any unsuccessful candidate for election to the board of trustees or any qualified voting member of a land grant-merced who believes that any portion of a land grant-merced election was conducted in violation of any requirements set forth in Chapter 49, Article 1 NMSA 1978 or the land grant-merced bylaws may contest the outcome of an election; provided that the election contest is filed with the Guadalupe Hidalgo treaty division of the office of the attorney general within thirty days from the issuance of the certificate of the election by the canvassing board.
E. In the event that the conduct or outcome of an election is contested, the person or persons holding a certificate of election shall take possession of and discharge the duties of the office until the contest is decided.
F. The Guadalupe Hidalgo treaty division of the office of the attorney general shall promulgate rules for investigating and deciding the outcome of contested elections, which rules shall include:
(1) forms for filing an official contest of an election;
(2) procedures for conducting investigations and collecting evidence for contested elections; and
(3) administrative procedures for appealing a decision made by the division.
G. The Guadalupe Hidalgo treaty division of the office of the attorney general shall render a decision on election contests within ninety days of the date on which the election contest was filed. If it is determined that the election requirements were violated, the decision shall include whether the election:
(1) could be remedied and the actions required, including dates of implementation, to effect a remedy; or
(2) is invalidated; provided that if a new election is required, the decision may include instructions for holding a new election to correct procedures that caused the violations.
History: Laws 1907, ch. 42, § 7; Code 1915, § 805; C.S. 1929, § 29-107; 1941 Comp., § 9-107; 1953 Comp., § 8-1-7; 2004, ch. 124, § 8; 2011, ch. 112, § 1; 2019, ch. 248, § 6.
ANNOTATIONSThe 2019 amendment, effective June 14, 2019, provided additional procedures for elections to the board of trustees of a land grant-merced; in Subsection A, after "board of trustees", added "and meeting any precinct restriction requirements established pursuant to Section 49-1-4 NMSA 1978"; in Subsection B, after "election judges and", deleted "board of trustees" and added "the canvassing board"; and added Subsections C through G.
The 2011 amendment, effective April 7, 2011, required a plurality of votes to be elected to the board of trustees and required that certificates of election be issued only to those candidates who are elected.
The 2004 amendment, effective July 1, 2004, changed the canvas date from the first Monday following the election to not later than seven days following the election.