1. A. An automatic recount of the vote is required when the canvass of returns indicates that the margin between the two candidates receiving the greatest number of votes for an office, the margin between those supporting and those opposing a ballot question or the margin affecting the outcome of a nonpartisan judicial retention election is less than:

   1. (1) one-fourth percent of the total votes cast in that election:

      1. (a) for that office in the case of a federal or statewide office;
      2. (b) on a ballot question in the case of a state ballot question; or
      3. (c) on a nonpartisan judicial retention election in the case of the supreme court or the court of appeals;

   2. (2) one-half percent of the total votes cast in that election:

      1. (a) for that office in the case of a public education commissioner, district attorney or any office elected countywide in a county with more than one hundred fifty thousand registered voters;
      2. (b) on a ballot question in the case of a local ballot question; or
      3. (c) on a nonpartisan judicial retention election in the case of a district court or the metropolitan court; or
   3. (3) one percent of the total votes cast in that election or five or fewer votes between the two candidates receiving the greatest number of votes for that office in the case of any other office.
2. B. For an office for which ballots were cast in more than one county, the secretary of state shall file notice with the state canvassing board upon the completion of the state canvass that an automatic recount is required, and the state canvassing board shall order a recount of the ballots for the specified office. For an office in which ballots were cast solely within one county, the secretary of state shall file notice with the state canvassing board within seven days after receiving notice from the county clerk following the completion of the county canvass that an automatic recount is required, and the state canvassing board shall order a recount of the ballots for the specified office.
3. C. Automatic recounts shall be conducted pursuant to the recount procedures established in Sections 1-14-16 and 1-14-18 through 1-14-23 NMSA 1978.

History: Laws 2008, ch. 41, § 1; 2015, ch. 145, § 78; 2019, ch. 212, § 130; 2020, ch. 9, § 9; 2023, ch. 39, § 75.

ANNOTATIONS

The 2023 amendment, effective June 16, 2023, amended the automatic recount provision to also require an automatic recount when there are five or fewer votes between two candidates in an election; in the section heading, deleted "elections for state and federal offices"; and in Subsection A, Paragraph A(3), after "cast in that election", added "or five or fewer votes between the two candidates receiving the greatest number of votes".

The 2020 amendment, effective January 1, 2023, removed public regulation commissioners from the candidate contests in which automatic recounts apply; in Subsection A, Subparagraph A(2)(a), after "the case of a", deleted "public regulation commissioner".

Laws 2020, ch. 9, § 19 amended 1-14-24 NMSA 1978, effective January 1, 2023, contingent upon the adoption of Laws 2019, SJC/SRC/SJR Nos. 1 and 4, Constitutional Amendment 1, at the general election held on November 3, 2020. Constitutional Amendment 1 was adopted by a vote of 445,655 for and 355,471 against.

The 2019 amendment, effective April 3, 2019, revised the procedures for automatic recounts; in Subsection A, in the introductory clause, after "canvass of returns", deleted "in a primary or general election for a federal or statewide office, or a judicial office in a county with more than two hundred thousand registered qualified electors", after "votes for an office", added "the margin between those supporting and those opposing a ballot question or the margin affecting the outcome of a nonpartisan judicial retention election", in Subparagraph A(1)(a), after "for that office", deleted "in that election. An automatic recount of the vote is required when the canvass of returns in a primary or general election for any other state office indicates that the margin between the two candidates receiving the greatest number of votes for the office is less than one percent of the total votes cast for that office in that election" and added "in the case of a federal or statewide office;", and added Subparagraphs A(1)(b) and A(1)(c), added Paragraphs A(2) and A(3); and deleted former Subsection D, which defined "state office" for purposes of this section.

The 2015 amendment, effective July 1, 2015, amended the provisions providing for automatic recounts; in Subsection A, after "canvass of returns", added "in a primary or general election", after "for a federal or", deleted "state office in a primary or general election" and added "statewide office, or a judicial office in a county with more than two hundred thousand registered qualified electors", after "the office is less than", deleted "one-half" and added "one-fourth", and added the last sentence; in Subsection B, added "For an office for which ballots were cast in more than one county", after the first occurrence of "canvassing board", deleted "within five days of" and added "upon", and added the last sentence; and in Subsection C, after "1-14-18 through", deleted "1-14-22" and added "1-14-23".