Either the contestant or contestee, within the time provided by the Election Code for the preservation of ballots, may give written notice with delivery confirmation to the county clerk of those counties wherein the contestant or contestee wishes the ballots preserved that a contest is pending in a designated court, and thereupon it is the duty of the county clerk to preserve the ballots of all precincts named in the notice of contest and answer until the contest has been finally determined.
History: 1953 Comp., § 3-14-14, enacted by Laws 1969, ch. 240, § 339; 2015, ch. 145, § 72.
The 2015 amendment, effective July 1, 2015, amended the procedures for requesting preservation of ballots when there is contest of election; and after "may give", added "written", after "notice", deleted "by registered mail" and added "with delivery confirmation", and after "counties wherein", deleted "he" and added "the contestant or contestee".
Am. Jur. 2d, A.L.R. and C.J.S. references. — Custody of ballots since original count, determination of facts as condition of recount, 71 A.L.R. 435.
29 C.J.S. Elections § 234.
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.