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GUNAJI v. MACIAS

No. 25,896.

31 P.3d 1008 (2001)

130 N.M. 734

2001-NMSC-028

Narendra GUNAJI and Maria S. Sutton, Plaintiffs-Appellants-Contestants, v. Fernando MACIAS, Gilbert Apodaca, and Rita Torres, County Clerk, Defendants-Appellees-Contestees.

Supreme Court of New Mexico.

September 12, 2001.

Attorney(s) appearing for the Case

Martin, Lutz, Roggow & Brower, P.C., William Lutz, Las Cruces, NM, for Appellants.

Law Offices of Xavier Acosta, Xavier E. Acosta, Hubert & Hernandez, P.A., Lee Peters, Sandenaw, Carrillo & Piazza, P.C., Raul A. Carrillo, Jr., Las Cruces, NM, for Appellees.

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...

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