A. Upon presentation to a precinct board [election board] of a written appointment, a watcher or election observer may:

(1) be present at any time from the time the precinct board [election board] convenes at the polling place until the completion of the precinct board's [election board's] duties after the polls close;

(2) be permitted to observe that the election is being conducted in accordance with the Election Code;

(3) view the precinct voter list to ascertain whether a voter has voted, subject to the same prohibitions and restrictions as are placed upon challengers by the Election Code;

(4) view any voting machine being used in the precinct in the same manner that challengers may examine the voting machines; and

(5) make in any polling place and preserve for future reference written memoranda of any action or omission on the part of any member of the precinct board [election board] charged with the performance of a duty by the Election Code.

B. A watcher appointed on behalf of candidates may be present only in polling locations within the county of appointment at which ballots are cast for at least one of the candidates making the appointment.

History: 1953 Comp., § 3-2-27, enacted by Laws 1969, ch. 240, § 48; 2003, ch. 377, § 2; 2011, ch. 137, § 26.

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 challengers and precinct board members making memoranda of actions or omissions, see 1-2-23 and 1-12-6 NMSA 1978.

For prohibited activities of challengers, see 1-2-25 NMSA 1978.

For admission of watcher to polling place during reading of results of votes cast, see 1-12-38 NMSA 1978.

For disturbing the polling place, see 1-20-20 NMSA 1978.

The 2011 amendment, effective July 1, 2011, included election observers within the scope of this section and provided that a watcher appointed by candidates may be present only at polling locations where ballots are cast for at least one of the candidates appointing the election observer.

The 2003 amendment, effective June 20, 2003, redesignated former Paragraphs A(3) and A(4) as present Paragraphs A(4) and A(5) and added present Paragraph A(3).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections §§ 96, 97.

29 C.J.S. Elections § 55.