N.M. Const. art. V, § 2
The returns of every election for state officers shall be sealed up and transmitted to the secretary of state, who, with the governor and chief justice, shall constitute the state canvassing board which shall canvass and declare the result of the election. The joint candidates having the highest number of votes cast for governor and lieutenant governor and the person having the highest number of votes for any other office, as shown by said returns, shall be declared duly elected. If two or more have an equal, and the highest, number of votes for the same office or offices, one of them, or any two for whom joint votes were cast for governor and lieutenant governor respectively, shall be chosen therefor by the legislature on joint ballot. (As amended November 6, 1962.)
Cross references. — For joint election of governor and lieutenant governor, see N.M. Const., art. V, § 1.
For the Election Code, see Chapter 1 NMSA 1978.
Comparable provisions. — Idaho Const., art. IV, § 2.
Iowa Const., art. IV, §§ 3 to 5.
Wyoming Const., art. IV, § 3.
"Returns". — "Returns" did not include registration lists, and state canvassing board had only the duty of canvassing returns, not ballots; for purpose of discovering discrepancies, errors and omissions on face of returns and directing their correction, the board might consider certificates, tally sheets and pollbooks as part of the "returns"; when corrected they would be reflected in the certificates, and it was the corrected certificate and those not requiring correction which were to be canvassed. Chavez v. Hockenhull, 1934-NMSC-093, 39 N.M. 79, 39 P.2d 1027, superseded by statute, Reese v. Dempsy, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157.
Powers of canvassers limited. — Canvassers had power to pass upon genuineness of returns before them, but beyond that their powers were purely ministerial. Determination by state canvassing board as to whether illegal or fraudulent votes had been cast, or had been cast in such numbers as to warrant excluding returns from the canvass, presented a judicial question wherein the board would be exercising judicial functions without legislative or constitutional warrant. Chavez v. Hockenhull, 1934-NMSC-093, 39 N.M. 79, 39 P.2d 1027, superseded by statute, Reese v. Dempsy, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157.
Governor and lieutenant governor to be voted on as unit. — It was the intention of the people in amending N.M. Const., art. V, § 1 and this section to require that the governor and lieutenant governor be voted on as a unit; lacking one of them, namely, the governor, there could be no candidate for lieutenant governor by himself, and mandamus would not lie to compel the certification of his name. State ex rel. Chavez v. Evans, 1968-NMSC-167, 79 N.M. 578, 446 P.2d 445.
Section does not provide for tie in school director election. — Unless the statute provides a method for determining a tie, there is no election and the incumbent holds over until a regular election. 1922 Op. Att'y Gen. No. 22-3379.
Results as determined by state canvass are public records and this determination constitutes the official record. 1964 Op. Att'y Gen. No. 64-35.
Poll book and ballots. — A general election which includes votes for state officers, presidential electors, members of congress, a highway bond issue and a constitutional amendment should require but one poll book, and one ballot for the constitutional amendment, and one for all the other matters to be voted upon. 1912 Op. Att'y Gen. No. 12-921.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 392 et seq.; 38 Am. Jur. 2d Governor § 2.
Officers conducting election, result as affected by lack of title or by defective title of, 1 A.L.R. 1535.
Statutory provisions relating to form or manner in which election from voting districts or precincts are to be made, failure to comply with, 106 A.L.R. 398.
Excess or illegal ballots, treatment of, when it is not known for which candidate or upon which side of a proposition they were cast, 155 A.L.R. 677.
Power of election officers to withdraw or change returns, 168 A.L.R. 855.
29 C.J.S. Elections §§ 222, 232, 235 to 239; 81A C.J.S. States §§ 80, 81.