1-14-13. Post-election duties; proof that no corruption occurred; rejection
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/nm/chapter-1-elections/article-14-contests-and-recounts/1-14-13·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
of ballots.
A. In any election contest a prima facie showing that the precinct board [election board] of any precinct has failed to substantially comply with the provisions of the Election Code [Chapter 1 NMSA 1978] that protect the secrecy and sanctity of the ballot and prescribe duties of the precinct board [election board] during the conduct of election, shall cast upon the candidates of the political party having majority representation on the precinct board [election board] the burden of proving that no fraud, intimidation, coercion or undue influence was exerted by such members of the precinct board [election board], and that the secrecy and purity of the ballot was safeguarded and no intentional evasion of the substantial requirements of the law was made.
B. Upon failure to make such a showing upon which the court shall so find, the votes of that entire precinct shall be rejected; provided, that no such rejection shall be made where it appears to the court that the members of the precinct board [election board] ignored the requirements of the Election Code with the probable interest of procuring the rejection of the entire vote in the precinct.
History: 1953 Comp., § 3-14-17, enacted by Laws 1969, ch. 240, § 342.