For the conduct of any statewide election during the period beginning January 1 of the next succeeding even-numbered year until December 31 of the odd-numbered year thereafter, in June or July of each odd-numbered year, the board of county commissioners shall by resolution:

A. designate the polling place of each precinct that shall provide individuals with physical mobility limitations an unobstructed access to at least one voting machine;

B. consolidate any precincts pursuant to Section 1-3-4 NMSA 1978;

C. designate any mail ballot election precincts pursuant to Section 1-6-22.1 NMSA 1978; and

D. create additional polling places in existing precincts pursuant to Section 1-3-7.1 NMSA 1978.

History: 1953 Comp., § 3-3-2, enacted by Laws 1969, ch. 240, § 51; 1975, ch. 255, § 28; 1977, ch. 64, § 2; 1979, ch. 105, § 1; 1984 (1st S.S.), ch. 3, § 2; 1989, ch. 392, § 4; 1991 (1st S.S.), ch. 6, § 2; 1995, ch. 126, § 2; 2009, ch. 251, § 3; 2009, ch. 274, § 2; 2011, ch. 131, § 2; 2018, ch. 79, § 3; 2019, ch. 212, § 36.

Cross references. — For filing description of precinct boundaries, see 4-38-20 NMSA 1978.

For creation of new precincts, see 4-38-21 NMSA 1978.

For change in precinct boundaries, see 4-38-22 and 4-38-23 NMSA 1978.

Temporary provisions. — Laws 2019, ch. 212, § 277 provided that polling places for the 2019 regular local election shall be the same polling places that were used in the 2018 general election, unless the board of county commissioners amends the 2017 polling place resolution no later than July 1, 2019.

The 2019 amendment, effective April 3, 2019, revised the provisions related to precincts; deleted subsection designation "A." and redesignated former Paragraphs A(1) through A(3) as Subsections A through C, respectively, in the introductory clause, added "For the conduct of any statewide election during the period beginning January 1 of the next succeeding even-numbered year until December 31 of the odd-numbered year thereafter"; in Subsection B, after "any precincts", deleted "for the next succeeding primary and general elections"; in Subsection C, after "precincts", deleted "for the next succeeding primary and general elections;" and added "pursuant to Section 1-6-22.1 NMSA 1978; and"; deleted former Paragraphs A(4) through A(6) and redesignated former Paragraph A(7) as Subsection D; in Subsection D, after "existing precincts", deleted "as necessary"; deleted Paragraph A(8); and deleted former Subsections B through D.

The 2018 amendment, effective July 1, 2018, provided additional duties for county commissioners regarding consolidating precincts, and changed the deadline by when the board of county commissioners must adopt its precinct resolution; in Subsection A, deleted "Not later than the first Monday in November" and added "In June or July", added new Paragraphs A(2) through A(5) and redesignated former Paragraphs A(2) and A(3) as Paragraphs A(6) and A(7), respectively, deleted Paragraph A(4) and redesignated former Paragraph A(5) as Paragraph A(8), and deleted former Paragraph A(6); added a new Subsection B and redesignated former Subsections B and C as Subsections C and D, respectively; and in Subsection D, after "next succeeding primary and general elections", added "and the regular local election following the next succeeding general election".

The 2011 amendment, effective July 1, 2011, authorized the consolidation of precincts.

The 2009 amendment, effective July 1, 2009, added Paragraph (5) of Subsection A; and in Subsection C, in the second sentence, after "first Monday in December of" deleted "that" and added "each odd-numbered"

Laws 2009, ch. 251, § 3 and Laws 2009, ch. 274, § 2 enacted identical amendments to this section. The section was set out as amended by Laws 2009, ch. 274, § 2. See 12-1-8 NMSA 1978.

The 1995 amendment, effective June 16, 1995, deleted "boards of county commissioners" from the end of Paragraph (4) in Subsection A and inserted "proposed" in Subsection B.

The 1991 (1st S.S.) amendment, effective October 4, 1991, in Subsection A, substituted "November" for "December" near the beginning and "that" for "which" in Paragraph (1), rewrote Paragraphs (2) and (3), and added Paragraph (4); in Subsection B, inserted "precincts or" and "and each new or changed precinct" and deleted "or reorganization of polling places" following "polling places"; rewrote Subsection C; and deleted former Subsection D, relating to a requirement beginning January 1, 1990, for precincts which have been consolidated pursuant to the provisions of the Precinct Boundary Adjustment Act.

Legislature did not intend using school buildings as polling place except upon approval. — The legislature did not intend that the institutional buildings of the New Mexico school for the visually handicapped be made available as voting sites for election purposes when the board of regents of such institution determines otherwise. While it is not mandatory that the board of regents of such institution provide a building for use in connection with the holding of elections within the precinct or election district, it should be noted, however, that buildings of such institution or a portion of such institution may, upon approval of the board of regents of the institution, be made available as an election site whenever the board of regents may grant such permission. However, the using of such property of the New Mexico school for the visually handicapped as an election polling place would be contingent upon the approval by the board of regents of the institution and their determination that such use would not endanger the lives and safety of the students of the school. 1961 Op. Att'y Gen. No. 61-130.

Voting machines do not change requirement that polling place to accommodate voters. — Notwithstanding the fact that voting machines may accommodate more than 600 voters, enactment of Laws 1951, ch. 192 (now repealed) did not supersede or repeal 3-2-1, 1953 Comp., requiring county commissioners to divide precincts and voting districts so that no polling place will be required to accommodate more than 600 voters. 1952 Op. Att'y Gen. No. 52-5489.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 29 C.J.S. Elections § 54.