A. Upon the filing in the office of the county clerk of a proclamation calling a special election, the county clerk shall appoint election boards for the special election pursuant to the provisions of Sections 1-2-6 through 1-2-18 NMSA 1978. The county clerk shall keep a log of how each person was notified and confirmation that the notice was received. Presiding judges and election judges on the election board for the special election shall be appointed from among those persons who served as election board members in a recent statewide election. The handling of mailed ballots returned to the county clerk in a special election shall be pursuant to the provisions of Section 1-6-14 NMSA 1978. The election board for the special election shall tally the votes for each ballot question in the special election ballot in the presence of the county clerk and any other person who may desire to be present; provided that such person does not interfere with the duties of the election board for the special election. After completion of the tally, the election board for the special election shall replace the ballots in the ballot boxes or ballot containers and lock the ballot boxes or ballot containers, and the election board for the special election shall certify for the county canvassing report the results of the special election.

B. The returns of the results of special elections are public documents, subject to retention and inspection pursuant to Section 1-12-69 NMSA 1978.

History: Laws 1989, ch. 295, § 4; 2019, ch. 212, § 157.

The 2019 Amendment, effective April 3, 2019, revised special election procedures; in the section heading, added "election board"; added Subsection A and new subsection designation "B."; and in Subsection B, after "The returns", deleted "and certificates", after "subject to", added "retention and", and after "inspection", deleted "during the customary hours and days of business. Poll books, signature rosters and tally books may be destroyed three years after the election to which they apply. The certificate of results of the canvass of the election shall, after three years, be placed on filed as a permanent record in the records center" and added "pursuant to Section 1-12-69 NMSA 1978".