§ RULE 1-087. CONTEST OF NOMINATION OR ELECTION

Codes > New Mexico Rules of Civil Procedure for the District Courts > Article 10 > RULE 1-087.

RULE 1-087. CONTEST OF NOMINATION OR ELECTION

A. Who May Contest Nomination or Election. As provided in Section 1-14-1 NMSA 1978, any unsuccessful candidate for nomination or election to any public office may contest the selection of the candidate to whom a certificate of nomination or a certificate of election has been issued.

B. Procedure for Contesting Nominations or Elections. An action contesting a nomination or an election pursuant to Chapter 1, Article 14 NMSA 1978 shall proceed pursuant to this rule and to the Rules of Civil Procedure for the District Courts not inconsistent with this rule.

C. Filing of Verified Complaint; Time for Filing; Place of Filing. An action to contest a nomination or an election shall be commenced by filing a verified complaint of contest in the district court of the county where a party resides no later than thirty (30) days after issuance of the certificate of nomination or issuance of the certificate of election to the successful candidate. The party instituting the action shall be known as the contestant. The party against whom the action is filed shall be known as the contestee.

D. Answer. The contestee shall file and serve upon the contestant a verified answer within fifteen (15) days after service of the notice of verified complaint upon the contestee.

E. Peremptory Challenge to District Court Judge. The statutory right to exercise a peremptory challenge to a district court judge pursuant to Section 38-3-9 NMSA 1978 and Rule 1-088.1 NMRA shall be exercised by filing an affidavit of disqualification on or before the date when the answer is required to be filed pursuant to Paragraph D of this rule.

F. Accelerated Proceedings. Proceedings to contest a nomination or election shall be advanced for hearing and decision.

G. Preservation of Ballots. Either party to an election contest may secure the preservation of ballots pursuant to Section 1-14-6 NMSA 1978.

H. Impoundment of Ballots. Either party to an election contest may petition the district court in the county in which the affected precincts are located for an order impounding ballots in one or more precincts in which the petitioner is a candidate. The district court shall issue appropriate orders, including an order of impoundment as provided in Sections 1-14-8 to 1-14-12 NMSA 1978.

I. Recount or Recheck of Votes. Either party to an election contest may apply for a recount or recheck of the votes cast in an election pursuant to Sections 1-14-14 to 1-14-18 NMSA 1978.