N.M. Stat. § 1-14-13
Post-election duties; proof that no corruption occurred; rejection
of ballots.
A. In any election contest a prima facie showing that the precinct board [election board] of
any precinct has failed to substantially comply with the provisions of the Election Code [Chapter
1 NMSA 1978] that protect the secrecy and sanctity of the ballot and prescribe duties of the
precinct board [election board] during the conduct of election, shall cast upon the candidates of
the political party having majority representation on the precinct board [election board] the
burden of proving that no fraud, intimidation, coercion or undue influence was exerted by such
members of the precinct board [election board], and that the secrecy and purity of the ballot was
safeguarded and no intentional evasion of the substantial requirements of the law was made.
B. Upon failure to make such a showing upon which the court shall so find, the votes of that
entire precinct shall be rejected; provided, that no such rejection shall be made where it appears
to the court that the members of the precinct board [election board] ignored the requirements of
the Election Code with the probable interest of procuring the rejection of the entire vote in the
precinct.