Recount laws in New Mexico

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in New Mexico. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in New Mexico.[1]

  • Does state law require automatic recounts?
    • Yes, when the margin between the top two candidates or in a ballot measure election is less than 0.25%, 0.5%, or 1%, depending on race. A mandated post-election audit may also trigger an automatic recount under certain circumstances, described below.
  • When must an automatic recount be completed?
    • No set deadline.
  • Can a recount be requested?
    • Yes, candidates may request a recount within six days after the canvass. The board must convene within 10 days after the recount request. No margin is required.
  • Who pays for a requested recount?
    • The requester.
  • Is a refund available for requested recount costs?
    • Yes. Costs paid by the requester are refunded if the recount changes the election outcome.
  • Can a partial recount be requested?
    • Yes.

New Mexico recount procedures

Automatic recount procedures

New Mexico requires automatic recounts under the following circumstances:[2]

“ 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) one-fourth percent of the total votes cast in that election:
(a) for that office in the case of a federal or statewide office;
(b) on a ballot question in the case of a state ballot question; or
(c) on a nonpartisan judicial retention election in the case of the supreme court or the court of appeals;
(2) one-half percent of the total votes cast in that election:
(a) for that office in the case of a public regulation commissioner, public education commissioner, district attorney or any office elected countywide in a county with more than one hundred fifty thousand registered voters;
(b) on a ballot question in the case of a local ballot question; or
(c) on a nonpartisan judicial retention election in the case of a district court or the metropolitan court; or
(3) one percent of the total votes cast in that election for that office in the case of any other office.[3]
 ”
—NM Stat § 1-14-24 (2019)

The deadline to order such an automatic recount is upon the completion of the canvass for multi-county elections and within seven days after the canvass for single-county elections.[2] State law does not specify a set deadline for the completion of an automatic recount.

Additionally, following the general election, New Mexico requires an audit of voting systems for all federal elections, the gubernatorial election, and the statewide election (other than the gubernatorial election) with the smallest margin of victory.[4] The audit is conducted in a random sample of precincts selected no later than 12 days after the election in order to produce an error rate. If the initial audit decreases the margin of victory in a particular election and shows an error rate greater than 90%, a second audit is conducted with a new random sample for that election. If the error rate remains over 90%, an automatic manual recount is required for the election in question.[5]

Requested recount procedures

New Mexico allows any candidate to request a recount using the following guidelines:

“ Whenever any candidate believes that any error or fraud has been committed by any precinct board [election board] in counting or tallying the ballots, in the verification of the votes cast on the voting machines or in the certifying of the results of any election whereby the results of the election in the precinct have not been correctly determined, declared or certified, the candidate, within six days after completion of the canvass by the proper canvassing board, may have a recount of the ballots, or a recheck of the votes shown on the voting machines, that were cast in the precinct.[3] ”
—NM Stat § 1-14-14 (2019)

Any voter who voted in an election to adopt the local option of the Liquor Control Act may request a recount of that election.[6]

The requester is responsible for costs associated with a requested recount unless the recount changes the election outcome, in which case any costs paid are refunded.[7] State law does not specify a set date for the completion of a requested recount.

For more information about recount procedures in New Mexico, click here.

New Mexico voting equipment

See also: Voting methods and equipment by state

New Mexico uses paper ballot systems for its elections.[8][9]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ Justia, "1-14-14 to 25," accessed October 16, 2020
  2. ↑ 2.0 2.1 Justia, "NM Stat § 1-14-24 (2019)," accessed Oct. 20, 2020
  3. ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. ↑ The audit requirement is waived for any of the prescribed elections if a recount is to be conducted for that particular election The audit requirement is waived entirely if all of the prescribed elections have margins of victory greater than or equal to 15%.
  5. ↑ Justia, "NM Stat § 1-14-13.2 (2019)," accessed Oct. 20, 2020
  6. ↑ Justia, "NM Stat § 60-5A-1 (2019)," accessed Oct. 20, 2020
  7. ↑ Justia, "NM Stat § 1-14-15 (2019)," accessed Oct. 20, 2020
  8. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
  9. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  10. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  11. ↑ A court may order a recount under Arizona law.
  12. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  13. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  14. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  15. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  16. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  17. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  18. ↑ No mention in state law.
  19. ↑ No mention in state law.
  20. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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