A. The party petitioning the court for the original order of impoundment may by motion to the court request an order allowing the party or his attorney access to and inspection of any items impounded. The court shall enter its order allowing access and inspection under conditions set by the court that will assure adequate safeguarding of the impounded items. The order shall, if requested by the petitioner, allow for the copying or reproduction of any items by and at the expense of the petitioner.
B. Ten days from the date of the original order of impoundment or, if an order granting access and inspection has been entered, ten days after that order, the order of impoundment shall automatically terminate unless the court extends the time for good cause shown. The court shall in all cases order the impoundment of ballots terminated no later than thirty days after the entry of the original order of impoundment.
C. Upon the termination of an impoundment of ballots the items impounded shall be delivered by the district court clerk to the person that would have been entitled to the possession of the items under the Election Code [Chapter 1 NMSA 1978] if there had been no impoundment.
History: 1953 Comp., § 3-14-16.3, enacted by Laws 1971, ch. 249, § 4.
Structure New Mexico Statutes
Article 14 - Contests and Recounts
Section 1-14-1 - Contest of elections; who may contest.
Section 1-14-2 - Contest of elections; status of person holding certificate.
Section 1-14-3 - Contest of election; filing of complaint.
Section 1-14-4 - Contest of election; judgment; effect; costs.
Section 1-14-5 - Contest of election; appeal.
Section 1-14-6 - Contest of election; preservation of ballots.
Section 1-14-7 - Contest of election; disqualification of trial judge.
Section 1-14-8 - Impounding ballots; ballots defined.
Section 1-14-9 - Impounding ballots; application for court order; deposit required.
Section 1-14-10 - Order of impoundment; contents.
Section 1-14-11 - Impoundment; subsequent orders; access; termination of order.
Section 1-14-12 - Disposition of deposit in impoundment proceedings.
Section 1-14-13 - Post-election duties; proof that no corruption occurred; rejection of ballots.
Section 1-14-13.2 - Post-election duties; voting system check.
Section 1-14-13.3 - General election audit.
Section 1-14-14 - Recounts; rechecks; application.
Section 1-14-15 - Recounts; rechecks; cost of proceedings.
Section 1-14-16 - Recount or recheck proceedings.
Section 1-14-18 - Recount; recheck; recanvass by canvassing boards.
Section 1-14-19 - Recount; recheck; candidate for district judge.
Section 1-14-20 - Recounts; rechecks; appointment of a special master.
Section 1-14-21 - Recounts; rechecks; mandamus.
Section 1-14-23 - Recount procedures.
Section 1-14-24 - Automatic recounts; elections for state and federal offices; procedures.