A. The county clerk shall not clear the votes recorded on the removable storage media devices until at least forty-five days after adjournment of the county or state canvassing board, whichever is later.

B. The county clerk shall not clear and shall keep locked those removable media storage devices from voting systems used to tabulate votes for precincts where a recount, judicial inquiry or inspection is sought, subject to order of the district court or other authority having jurisdiction of the contest or inspection.

C. Beginning forty-five days after the adjournment of the state or county canvassing board, whichever is later, or forty-five days after completion of a recount or judicial inquiry, the county clerk may transfer ballots from the locked ballot boxes for disposition pursuant to Section 1-12-69 NMSA 1978.

History: 1953 Comp., § 3-13-22.1, enacted by Laws 1971, ch. 317, § 21; 1981, ch. 153, § 1; 2007, ch. 337, § 15; 2011, ch. 137, § 102; 2015, ch. 145, § 71; 2019, ch. 212, § 126.

Cross references. — For unlawful opening of a voting machine, see 1-20-5 NMSA 1978.

The 2019 amendment, effective April 3, 2019, revised the date after which the county clerk may clear the votes record on a removable storage media device; and in Subsection A, after "adjournment of the", added "county or", and after "state canvassing board,", added "whichever is later".

The 2015 amendment, effective July 1, 2015, amended the period of time that the county clerk must preserve votes recorded on a removable storage media device from thirty to forty-five days, and amended the procedures providing for transferring ballots from the locked ballot boxes for disposition pursuant to Section 1-12-69 NMSA 1978; in the catchline, added "transferring ballots"; in Subsection A, after "at least", deleted "thirty" and added "forty-five"; and added Subsection C.

The 2011 amendment, effective July 1, 2011, prohibited the county clerk from clearing votes recorded on the removable storage media devices until thirty days after adjournment of the canvassing board or when there is a recount, judicial inquiry, or inspection is sought; and eliminated the requirement that the county clerk notify county chairs of each political party before clearing voting system memory cards.

The 2007 amendment, effective July 1, 2007, provided for clearing the votes recorded on memory cards; requires the county clerk to keep locked memory cards where a recount, judicial inquiry or inspection is sought; and deleted the provision that required the county clerk to obtain an order from the district court to use a voting machine before the expiration of the thirty-day period after adjournment of the canvassing board.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 29 C.J.S. Elections § 234.