This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Plaintiff, a Democratic candidate for Catron County Commissioner in the 1988 election, contested the results after losing by four votes to the Defendant, a Republican candidate. The Plaintiff alleged that absentee ballots cast by three of the Defendant's relatives were invalid due to their lack of residence in Catron County and that three absentee ballots cast in her favor were improperly rejected by the precinct board (paras 1-2).
Procedural History
- District Court of Catron County: The court upheld the election results, finding that the Defendant's relatives were residents of Catron County for voting purposes and that the rejection of the Plaintiff's absentee ballots was proper (para 1).
Parties' Submissions
- Plaintiff-Appellant: Argued that the Defendant's relatives were not residents of Catron County for voting purposes due to their long-term residence and voting history outside the county. Additionally, the Plaintiff contended that the three absentee ballots cast in her favor were improperly rejected and should have been counted (paras 1, 5-6, 8).
- Defendant-Appellee: Maintained that the relatives were residents of Catron County based on their intent to return and their physical presence during voter registration. The Defendant also argued that the rejection of the Plaintiff's absentee ballots was consistent with statutory requirements (paras 5-6, 18).
Legal Issues
- Whether the Defendant's relatives were residents of Catron County for voting purposes under New Mexico law (para 5).
- Whether the three absentee ballots cast in favor of the Plaintiff were improperly rejected (para 8).
Disposition
- The Supreme Court of New Mexico reversed the District Court's decision and remanded the case for further proceedings (para 23).
Reasons
Per Montgomery J. (Ransom and Franchini JJ. concurring):
Residency of Defendant's Relatives: The Court found that the Defendant's relatives lacked the requisite physical presence in Catron County to establish residence for voting purposes. Although they intended to return to Catron County, their long-term residence, voting history, and significant physical presence in other locations rebutted the presumption of residency in Catron County. The Court emphasized that both intent and significant physical presence are required to establish voting residence (paras 9-16).
Improper Rejection of Absentee Ballots: The Court held that the three absentee ballots cast in favor of the Plaintiff were improperly rejected. The statutory requirements cited by the Defendant did not justify the rejection of these ballots, as the deviations from the prescribed procedures were not sufficient to invalidate them. The Court reiterated the policy favoring the right to vote and the need to give effect to the electorate's will (paras 18-22).
Remand Instructions: The Court directed the District Court to adjust the vote count by excluding the votes of the Defendant's relatives and including the improperly rejected absentee ballots cast in favor of the Plaintiff (paras 17, 22-23).