2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-69 - Disposition of paper ballots and records requisite to voting.

A. Paper ballots marked by voters and records requisite to voting in any election shall be retained and preserved for the greater of:
(1) twenty-two months from the date of the election for any election in which a federal office appears on the ballot;
(2) ten months from the date of the election for all other elections; or
(3) four months following resolution of a contest or other judicial inquiry, including all appeals, for any election, precinct or polling place that is the subject of the contest or other judicial inquiry.
B. Following the retention period, paper ballots marked by voters and records requisite to voting retained and preserved in the county may be destroyed at a time and in a manner as determined by the county clerk; provided that the county clerk shall use one of the destruction methods approved by the state records administrator for destruction of public records. Any interested person shall be permitted to be present during the destruction of paper ballots marked by a voter and records requisite to voting by the county clerk. At least seven days prior to a destruction, the clerk shall post on the county website a notice of destruction of paper ballots and records requisite to voting and shall provide notice to the county chair of each political party participating in that election. The notice shall include information regarding the election that is the subject of the records destruction and the date, time and place where marked ballots and records requisite to voting will be destroyed.
C. During the retention period, the county clerk may determine that paper ballots marked by voters and physical records requisite to voting from an election should be retained and preserved by the state records administrator. The state records administrator shall receive for storage paper ballots marked by voters and physical records requisite to voting and, following the retention periods required by this section, may destroy the ballots and physical records pursuant to the procedures used by the state records administrator for destruction of public records following a retention period. The state records administrator may enter into a memorandum of understanding with the secretary of state to cover the costs of storage through the election fund. The county clerk shall post on the county website a notice at least seven days prior to sending ballots and physical records requisite to voting to the state records administrator.
D. Paper ballots marked by voters, their digitized equivalents and records requisite to voting are exempt from third-party inspection except as otherwise provided in the Election Code until the later of sixty days following adjournment of the state or county canvassing board for that election or sixty days following any recount, contest or other judicial inquiry for any election, precinct or polling place that is the subject of the recount, contest or judicial inquiry. Thereafter, during the retention period and prior to destruction of the ballots or records, a third-party inspection not otherwise provided for in the Election Code shall be conducted for good cause shown and upon order of the district court. When a third-party inspection is ordered, a county clerk, the clerk's agent, the state records administrator or the state records administrator's agent shall be present during the inspection to ensure that all ballots and records are properly catalogued and returned in proper order. An inspection of paper ballots marked by voters, their digitized equivalents or records requisite to voting shall be conducted in such a manner as to secure the secrecy of the ballot.
History:
1953 Comp., § 3-12-103, enacted by Laws 1977, ch. 222, § 72; 1981, ch. 149, § 9; 2008, ch. 58, § 3; 2015, ch. 145, § 66; 1978 Comp., § 1-12-69, repealed and reenacted by Laws 2023, ch. 39, § 66.
ANNOTATIONS
Repeals and reenactments.
— Laws 2023, ch. 39, § 66 repealed former 1-12-69 NMSA 1978 and enacted a new section, effective June 16, 2023.
The 2015 amendment,
effective July 1, 2015, required the county clerk to hold paper ballots for forty-five days following a recount, judicial inquiry or inspection of contents, provided that paper ballots shall be destroyed using a destruction method approved by the state records administrator for destruction of public records, and provided that paper ballots marked by voters and records related to voting are exempt from the Inspection of Public Records Act for a certain time; in Subsection C, after "precincts intact", deleted "subject to order of the district court or other authority having jurisdiction of the contest or inspection", and added "until forty-five days following the recount, judicial inquiry or inspection of contents is completed, whichever is later"; in Subsection D, after "destroyed", deleted "pursuant to rules promulgated" and added "using a destruction method approved", and after "state records", deleted "center" and added "administrator"; in Subsection E, after the first occurrence of "state records", deleted "center" and added "administrator", after the second occurrence of "state records" deleted "center" and added "administrator"; and added Subsection G.
The 2008 amendment,
effective February 29, 2008, deleted former Subsection A, which provided for destruction of ballots where there was no notice of contest or judicial inquiry; added Subsections A, B, D and E; and relettered subsections accordingly.