Violation of the Election Code [Chapter 1 NMSA 1978] by officers consists of the wilful [willful] violation of the Election Code by any state or county officer or by any deputy or assistant thereto, or the wilful [willful] failure or refusal of any such person to perform any act or duty required of him by the Election Code.

Any officer, deputy or assistant who commits such wilful [willful] violation of the Election Code is guilty of a fourth degree felony and, in addition, violation is sufficient cause for removal from office in a proceeding instituted for that purpose as provided by law.

History: 1953 Comp., § 3-20-21, enacted by Laws 1969, ch. 240, § 447.

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

Cross references. — For excusal of precinct board member by county clerk for sufficient cause, see 1-2-6 NMSA 1978.

Severability. — Laws 1969, ch. 240, § 453, provided for the severability of the act if any part or application thereof is held invalid.

Prima facie election official violation creates favor for contestant. — Laws 1935, ch. 147, § 42 (now repealed) created a prima facie case in favor of contestant running on ticket of minority political party upon prima facie showing of violation of Election Code by election officials; when such showing was made it became contestee's duty, as member of dominant political party having majority representation on board of election officials, to prove that no fraud or coercion was exerted and that secrecy of ballot was preserved; prima facie showing required of contestant consisted of alleging and proving specific facts entitling him to favored position; facts constituting noncompliance charged against election officials were to be specifically set out. Trujillo v. Trujillo, 1948-NMSC-040, 52 N.M. 258, 197 P.2d 421 (decided under former law).

Purpose to secure free expression at polls. — Imposition of fines and imprisonment under Comp. Laws 1884, §§ 1205, 1206, for violation by county commissioners of their duties in elections was to secure free, fair and honest expression of people at polls, for which board of canvassers were provided; one who undertakes to obstruct free expression of public sentiment at polls is an enemy to society and a public criminal. In re Sloan, 1891-NMSC-011, 5 N.M. 590, 25 P. 930 (decided under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 469.

Punishment of election officers for contempt, 64 A.L.R. 1019.

Personal liability of public officer who is member of board or corporate body for nonperformance or improper performance of duty imposed upon board, 123 A.L.R. 756.

Conduct contemplated by statute which makes neglect of duty by public officer or employee a punishable offense, 134 A.L.R. 1250.

Liability of public officer for breach of duty in respect of election or primary election laws, 153 A.L.R. 109.

Officer, necessity of proving right to vote as condition of action against, for breach of duty in respect of election laws, 153 A.L.R. 143.

29 C.J.S. Elections §§ 327, 340.