Section 1-12-69 - Disposition of paper ballots. - New Mexico Statutes

1-12-69. Disposition of paper ballots.

A.     Paper ballots marked by voters and all records related to voting in any election in which a federal candidate appears on the ballot shall be retained and preserved for a period of twenty-two months from the date of the election. 

B.     Paper ballots marked by voters and all records related to voting in any election in which no federal candidate appears on the ballot shall be retained and preserved for forty-five days after adjournment of the state or county canvassing board, whichever is later. 

C.     In precincts where a recount or judicial inquiry or inspection of contents is sought, the county clerk shall hold ballots marked by voters and records related to voting in those precincts intact subject to order of the district court or other authority having jurisdiction of the contest or inspection. 

D.     Paper ballots marked by voters and records related to voting in any election shall only be destroyed pursuant to rules promulgated by the state records center for destruction of public records. 

E.     The state records center is authorized to receive for storage and destruction paper ballots marked by voters and records related to voting in any election in which a federal candidate appears on the ballot.  At least three days prior to sending the ballots and records to the state records center, the county clerk shall notify the county chair of each political party that participated in the election.  The chairs or their designees may inspect the boxes prior to their sealing for delivery. 

F.     At least three days prior to the destruction by the county clerk of paper ballots marked by voters and records related to voting, the county clerk shall notify the county chair of each political party participating in the election of the time, place and date thereof.  The chair of each political party may be present or may have the chair's accredited representative present.