A. If at the time the county canvassing board meets it appears that a precinct board [election board] has not delivered the election returns to the county clerk, the county canvassing board shall immediately issue a summons to bring before it the delinquent precinct board [election board] together with the missing election returns. The summons shall be served by the sheriff, without cost to the county, and the members of the precinct board [election board] shall not be paid for their service on election day.
B. If within ten days after the date of the election the secretary of state has not received the election returns of any precinct, the secretary of state may send a special messenger to the county and precinct to secure and convey the missing returns to the secretary of state.
History: 1953 Comp., § 3-13-2, enacted by Laws 1969, ch. 240, § 304; 1977, ch. 222, § 73.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.
Cross references. — For returns defined, see 1-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 29 C.J.S. Elections §§ 229, 232.
Structure New Mexico Statutes
Article 13 - Post-Election Duties
Section 1-13-1 - Post-election duties; county canvassing board.
Section 1-13-2 - Post-election duties; missing returns.
Section 1-13-4 - Post-election duties; county canvass; method.
Section 1-13-5 - Post-election duties; county canvass; defective returns; correction.
Section 1-13-7 - Post-election duties; county canvass; when recheck is required.
Section 1-13-8 - Post-election duties; county canvass; search for missing returns.
Section 1-13-9 - Post-election duties; county canvass; voting machine recheck.
Section 1-13-10 - Post-election duties; voting machine recheck; cost.
Section 1-13-11 - Post-election duties; tie vote.
Section 1-13-12 - Post-election duties; mandamus to compel canvass.
Section 1-13-13 - Post-election duties; county canvassing board; certifying results.
Section 1-13-14 - Post-election duties; opening the ballot box.
Section 1-13-15 - Post-election duties; statewide election; state canvass.
Section 1-13-16 - Post-election duties; secretary of state duties.
Section 1-13-17 - Post-election duties; nature of documents.
Section 1-13-18 - Post-election duties; state canvass; corrections.
Section 1-13-19 - Post-election duties; proceedings for contempt.
Section 1-13-20 - Post-election duties; expense of corrections.
Section 1-13-21 - Clearing voting systems; transferring ballots.
Section 1-13-22 - Post-election duties; responsibility for voting machines.
Section 1-13-23 - Post-election duties; records.
Section 1-13-24 - Post-election duties; unopposed write-in candidates.