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 until forty-five days following the recount, judicial inquiry or inspection of contents is completed, whichever is later.

D. Paper ballots marked by voters and records related to voting in any election shall only be destroyed using a destruction method approved by the state records administrator for destruction of public records.

E. The state records administrator 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 administrator, 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.

G. Paper ballots marked by voters, their digitized equivalents and records related to voting are exempt from the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] until forty-five days following any recount, contest or other judicial inquiry or until forty-five days after adjournment of the state or county canvassing board, whichever is later. Any inspection of paper ballots marked by voters, their digitized equivalents or records related 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.

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.