2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-16 - Election board; messengers; compensation.

A. Members of an election board and messengers shall be compensated for their services at an hourly rate set by the secretary of state; provided that the rate in each county shall not be less than the federal minimum hourly wage rate nor more than four hundred dollars ($400) for an election day; and provided further that the rate may differentiate among the presiding judge, election judges, election clerks and messengers. Election board members and messengers shall be paid for training and may additionally be paid mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] each way over the usually traveled route when an election board member or messenger travels by private vehicle.
B. Members of an election board and messengers assigned to alternate voting or alternate mobile voting locations or absent voter precincts may be compensated at an hourly rate set by the county clerk.
C. Compensation shall be paid within thirty days following the date of election.
D. For purposes of determining eligibility for membership in the public employees retirement association and pursuant to the provisions of Subsection B of Section 10-11-3 NMSA 1978, election board members and messengers are designated as seasonal employees.
History:
1953 Comp., § 3-2-15, enacted by Laws 1969, ch. 240, § 36; 1975, ch. 255, § 19; 1981, ch. 159, § 4; 1987, ch. 226, § 1; 1987, ch. 249, § 2; 1991, ch. 77, § 1; 1999, ch. 236, § 2; 2001, ch. 44, § 1; 2011, ch. 137, § 18; 2012, ch. 26, § 1; 2019, ch. 212, § 26; 2023, ch. 39, § 13.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, included messengers in an existing provision related to compensation for members of an election board, and revised compensation requirements; after "an election board", added "and messengers" throughout the section; in the section heading, added "messengers"; and in Subsection A, after "for their services at", added "an hourly rate set by the secretary of state; provided that", after "the rate", deleted "of" and added "in each county shall", after "not", added "be", after "nor more than", deleted "two hundred dollars ($200)" and added "four hundred dollars ($400)", and after "for an election day", added "and provided further that the rate may differentiate among the presiding judge, election judges, election clerks and messengers. Election board members and messengers shall be paid for training and may additionally be paid mileage as provided in the Per Diem and Mileage Act each way over the usually traveled route when an election board member or messenger travels by private vehicle.".
The 2019 amendment,
effective April 3, 2019, changed the name of "precinct board" to "election board", and provided for alternate mobile voting locations; replaced "precinct board" with "election board" throughout the section; and in Subsection B, after "alternate voting", added "or alternate mobile voting".
The 2012 amendment,
effective March 3, 2012, designated precinct board members as seasonal employees for purposes of eligibility for membership in the public employees retirement association and added Subsection D.
The 2011 amendment,
effective July 1, 2011, increased the amount of compensation from one hundred fifty dollars to two hundred dollars and permitted board members assigned to alternate voting locations or absent voter precincts to be compensated at an hourly rate.
The 2001 amendment,
effective June 15, 2001, changed the maximum compensation for board members from seven dollars ($7.00) per hour to one hundred fifty dollars ($150) for an election day.
The 1999 amendment,
effective June 18, 1999, in Subsection A, substituted "the federal minimum hourly wage rate" for "fifty dollars ($50.00)" and "seven dollars ($7.00) per hour" for "ninety-five dollars ($95.00)".
The 1991 amendment,
effective June 14, 1991, in Subsection A, substituted "nor more than ninety-five dollars ($95.00)" for "or more than the per diem rate allowed for members of the legislature".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 29 C.J.S. Elections § 63.