New Mexico § 49-1-7 - Election; votes required; canvassing votes

§ 49-1-7. Election; votes required; canvassing votes

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.