New Mexico Statutes 1-25-8. Recall; affidavit with petition; penalty
A. When submitted to the county clerk, each petition shall have a notarized affidavit attached. The affidavit shall state that the canvasser circulated that particular petition and witnessed each signature and any other information recorded on the petition.
Attorney's Note
Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| fourth degree felony | up to 18 months | up to $5,000 |
Terms Used In New Mexico Statutes 1-25-8
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
B. According to the best information and belief of the canvasser, the canvasser shall ensure the following:
(1) each signature is the signature of the person whose name it purports to be; (2) each signer is a registered voter of the local jurisdiction listed on the petition; (3) each signature was obtained on or after the filing date; and
(4) each signer had an opportunity to read the information on the completed face sheet or an exact duplicate thereof.
C. Any knowingly false statement made in the affidavit constitutes a fourth degree felony.