If the state canvassing board, the county canvassing board, secretary of state, county clerk or any member of a precinct board [election board] fails or refuses to do or perform any of the acts required of them pertaining to recounts or rechecks, the applicant for recount or recheck may apply to any district court, the court of appeals or the supreme court of New Mexico for writ of mandamus to compel the performance of the required act and such court shall entertain such application.

History: 1953 Comp., § 3-14-25, enacted by Laws 1969, ch. 240, § 350; 1977, ch. 222, § 89.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.

Cross references. — For mandamus to compel canvass, see 1-13-12 NMSA 1978.

For writ of mandamus generally, see 44-2-1 NMSA 1978 et seq.

Writ properly discharged when necessary persons not made parties. — Presence of both county clerk and district judge was necessary for a lawful recount, and a writ of mandamus to compel recount was properly discharged since neither county clerk nor district judge or his duly appointed representative was a party. Chavez v. Baca, 1943-NMSC-052, 47 N.M. 471, 144 P.2d 175 (decided under former law).

Supreme court was without jurisdiction to mandate district judge to certify that recount of ballots was made in his presence, since his status in performance of such duty was not that of a state officer, board, commission or of an inferior court. State ex rel. Scott v. Helmick, 1930-NMSC-103, 35 N.M. 219, 294 P. 316 (decided under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 462.

Mandamus to put one in office, title to which is in dispute, 84 A.L.R. 1114, 136 A.L.R. 1340.

Determination of canvassing board or election official as regards counting or exclusion of ballots as subject of review by mandamus, 107 A.L.R. 618.