Legal Opinion
Gunaji v. MacIas
New Mexico Supreme Court
Decided September 12, 2001No. 25,896PublishedCited by 84 opinions
1Opinion of the Court
OPINION
MAES, Justice.
{1} This election contest raises the issue whether a new election must be held where in a given precinct, an error by the County Clerk caused a number of invalid votes to be cast greater than the margin of victory in that precinct. We hold that while the election was not “free and open” under article II, § 8 of the New Mexico Constitution, the proper remedy is to draw an analogy from a section of the Election Code covering cases closely related to the instant, one, meaning the votes in the precinct in issue are to be rejected.
I. FACTS AND STANDARD OF REVIEW
{2} This is an…
2Cases cited50 opinions
- National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. PattersonSupreme Court of the United States · 1958
- Weinstein v. BradfordSupreme Court of the United States · 1975
- United States v. RainesSupreme Court of the United States · 1960
- Caplin & Drysdale, Chartered v. United StatesSupreme Court of the United States · 1989
- City of Milwaukee v. IllinoisSupreme Court of the United States · 1981
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3Cited by84 opinions
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