A. The secretary of state shall issue rules governing and allowing procedures for reviewing the qualification of provisional ballot envelopes, absentee and other paper ballots in the case of a contest or recount of election results. All rejected provisional paper ballot envelopes shall be included in any contest or recount of election results, and a review of the qualification of provisional ballot envelopes shall occur in a recount.
B. Upon petition by the secretary of state or a county clerk, the district court may permit a review of ballot images in place of paper ballots whenever there are defective or missing returns in an election and when the voting system technology captures an image of each ballot in an election.
History: Laws 2005, ch. 270, § 76; 2007, ch. 336, § 19; 2019, ch. 212, § 129.
The 2019 amendment, effective April 3, 2019, authorized the district court to permit, upon petition by the secretary of state, a review of ballot images in place of paper ballots; in the section heading, added "use of ballot images"; and added Subsection B.
The 2007 amendment, effective April 2, 2007, eliminated references to recheck.
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.