A. The following election returns and materials shall not be placed in the ballot box and shall be returned immediately to the county clerk along with the locked ballot box:
(1) the number on the numbered seal affixed to secure the ballot box or one ballot box key in an envelope addressed to the county clerk;
(2) one signature roster;
(3) one certificate of returns for the polling place;
(4) the envelope containing any provisional paper ballots cast at the polling place;
(5) the envelope containing any absentee or mailed ballots delivered to the polling place by the voter or an immediate family member of the voter;
(6) the envelope containing paper ballots that were not tabulated by the electronic vote tabulator;
(7) the envelope containing machine-tabulated paper ballots with write-in votes; and
(8) all unused election supplies not destroyed pursuant to the Election Code.
B. The removable media storage device shall not be placed in the ballot box and shall be returned immediately to the county clerk either by messenger or along with the locked ballot box.
C. The election judge of the party different from that of the presiding judge shall place the number on the numbered seal affixed to secure the ballot box or the other ballot box key in the envelope addressed to the district court and immediately mail it to the district court.
History: 1953 Comp., § 3-12-55, enacted by Laws 1969, ch. 240, § 291; 1977, ch. 222, § 41; 1987, ch. 249, § 37; 1987, ch. 327, § 16; 1991, ch. 105, § 32; 2009, ch. 150, § 17; 2011, ch. 137, § 96; 2015, ch. 145, § 65; 2019, ch. 212, § 114.
The 2019 amendment, effective April 3, 2019, revised the list of items that are required to be returned to the county clerk along with the locked ballot box; in Subsection A, Paragraph A(1), added "the number on the numbered seal affixed to secure the ballot box or", in Paragraph A(3), after "one", deleted "tally sheet; and", and added "certificate of returns for the polling place", added new Paragraphs A(4) through A(7) and redesignated former Paragraph A(4) as Paragraph A(8); and in Subsection C, after "the presiding judge shall place", added "the number on the numbered seal affixed to secure the ballot box or".
The 2015 amendment, effective July 1, 2015, provided that removable media storage devices are not to be placed in the ballot box but should be returned immediately to the county clerk; in Paragraph (3) of Subsection A, after "sheet", added "and"; in Paragraph (4) of Subsection A, after "Code", deleted "and"; redesignated Paragraph (5) of Subsection A as new Subsection B, and after "storage device", added "shall not be placed in the ballot box and shall be returned immediately to the county clerk either by messenger or along with the locked ballot box"; and redesignated former Subsection B as Subsection C.
The 2011 amendment, effective July 1, 2011, required that election materials be locked in the ballot box; removed the registration binder and machine cartridges for electronic vote tabulators from the list of election materials; and added removable media storage devices to the list of election materials.
The 2009 amendment, effective June 19, 2009, in Subsection A(6), after "electronic", deleted "or marksense machine" and added "vote tabulator"; and in Subsection B, at the beginning of the sentence, deleted "In the event emergency paper ballots have been voted".
The 1991 amendment, effective April 2, 1991, in Subsection A, substituted "sheet" for "book" in Paragraph (3), added Paragraph (6) and made a related stylistic change.
Structure 2021 New Mexico Statutes
Article 12 - Conduct of Elections
Section 1-12-1 - Conduct of election; opening and closing of polls.
Section 1-12-2 - Conduct of election; precinct board [election board] attendance.
Section 1-12-2.1 - Precinct board [Election board] work shift option.
Section 1-12-3 - Conduct of election; precinct board [election board] duties.
Section 1-12-4 - Conduct of election; maintenance of order.
Section 1-12-4.1 - Conduct of elections; suspension of certain voter identification requirements.
Section 1-12-5 - Conduct of election; state police; other peace officers.
Section 1-12-6 - Conduct of election; memoranda of actions or omissions.
Section 1-12-7 - Conduct of election; persons not permitted to vote.
Section 1-12-7.1 - Voter lists; signature rosters; checklist of voters; use during election.
Section 1-12-7.2 - Voter whose name is not on list or roster.
Section 1-12-7.3 - Signature rosters and checklists of voters; contents.
Section 1-12-7.4 - Signature roster; checklist of voters; voter list; number; distribution.
Section 1-12-8 - Conduct of election; provisional voting.
Section 1-12-9.1 - Recompiled.
Section 1-12-10 - Conduct of election; voter's name, address and signature.
Section 1-12-10.1 - Conduct of elections; voting information.
Section 1-12-12 - Conduct of election; eligibility for assistance.
Section 1-12-13 - Conduct of election; aid or assistance to voter in marking ballot.
Section 1-12-15 - Conduct of election; persons who may assist voter.
Section 1-12-16 - Conduct of election; type of assistance.
Section 1-12-18 - Conduct of election; disclosure of vote.
Section 1-12-19.1 - Recompiled.
Section 1-12-20 - Conduct of election; interposing challenges.
Section 1-12-21 - Conduct of election; challenges; entries.
Section 1-12-22 - Conduct of election; challenges; disposition.
Section 1-12-23 - Conduct of election; voting machines; instructions.
Section 1-12-25.1 - Procedures for voting on electronic vote tabulator systems.
Section 1-12-25.3 - Provisional paper ballots; required information.
Section 1-12-25.4 - Provisional paper ballots; disposition.
Section 1-12-26 - Conduct of election; closing polls.
Section 1-12-27 - Conduct of election; arrival of voter after closing time.
Section 1-12-28 - Conduct of election; election certificate.
Section 1-12-29 - Conduct of election; counting and tallying; who may be present.
Section 1-12-29.1 - Qualifying provisional, absentee and other paper ballots.
Section 1-12-30.1 - Voter lists; signature rosters; disposition after the polls close.
Section 1-12-31 - Conduct of election; disposition of ballot boxes and other election materials.
Section 1-12-32 - Conduct of election; return of ballot boxes and election materials.
Section 1-12-33 - Conduct of election; office of county clerk to remain open.
Section 1-12-34 - Conduct of election; copies of election return certificates.
Section 1-12-37 - Conduct of election; voting machines; verification of returns.
Section 1-12-39 - Conduct of election; voting machine; completion of locking procedures.
Section 1-12-42 - Conduct of election; employees; time to vote.
Section 1-12-43 - Emergency situations.
Section 1-12-51 - Paper ballots; unauthorized receipt or delivery of paper ballot.
Section 1-12-55 - Paper ballots; marking.
Section 1-12-57 - Paper ballots; procedure after marking.
Section 1-12-59 - Viewing marked paper ballot.
Section 1-12-61 - Removal of paper ballots from polling place.
Section 1-12-62 - Paper ballots; spoiled or defaced.
Section 1-12-63 - Election judges; unused paper ballots.
Section 1-12-65 - Emergency situations; paper ballots; counting and tallying procedures.
Section 1-12-67 - Paper ballots to be placed in ballot box.
Section 1-12-68 - Paper ballots; county canvass; when recount is required.
Section 1-12-69 - Disposition of paper ballots.
Section 1-12-70 - Reporting of vote totals by precinct; voting data maintained by precinct.