If it is necessary to open a ballot box on election night through the adjournment of the state canvass to ascertain if missing election returns are enclosed in the ballot box, the ballot box shall be opened in the presence of the presiding judge and two election judges of an election board that meets the requirements of Subsection B of Section 1-2-12 NMSA 1978 by the county clerk or a deputy clerk designated by the county clerk. The county clerk or deputy clerk may remove the missing returns necessary to canvass the election. The presiding judge and election judges shall document the search for missing returns using a form prescribed by the secretary of state. History: 1953 Comp., § 3-13-8, enacted by Laws 1969, ch. 240, § 310; 1977, ch. 222, § 77; 2011, ch. 137, § 101; 2023, ch. 39, § 69. The 2023 amendment, effective June 16, 2023, provided that if a ballot box is required to be opened at any time during the county or state canvass process, it shall be done in the presence of a presiding judge and two election judges or a deputy clerk; after "a ballot box on election night", added "through the adjournment of the state canvass", after "shall be opened", added "in the presence of the presiding judge and two election judges of an election board that meets the requirements of Subsection B of Section 1-2-12 NMSA 1978", after "by the county clerk", deleted "and the district judge", after the next occurrence of "or", deleted "someone" and added "a deputy clerk", after "designated by the", deleted "district judge. In the presence of the district judge or the designated representative of the district judge" and added "county clerk", after "The county clerk", added "or deputy clerk", and after "necessary to canvass the election", deleted "When such omission or negligence of the precinct board causes an additional expense to be incurred, no compensation shall be paid to the precinct board for its services on election day" and added "The presiding judge and election judges shall document the search for missing returns using a form prescribed by the secretary of state.". The 2011 amendment, effective July 1, 2011, made this section applicable only to opening the ballot box on election night; eliminated the county canvassing board from the list of persons who must be present when the ballot box is opened; and permitted the county clerk to remove missing ballots from the ballot box only in the presence of the district judge or the district judge's designated representative.
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