A. If at the time the county canvassing board meets it appears that a precinct board [election board] has not delivered the election returns to the county clerk, the county canvassing board shall immediately issue a summons to bring before it the delinquent precinct board [election board] together with the missing election returns. The summons shall be served by the sheriff, without cost to the county, and the members of the precinct board [election board] shall not be paid for their service on election day.
B. If within ten days after the date of the election the secretary of state has not received the election returns of any precinct, the secretary of state may send a special messenger to the county and precinct to secure and convey the missing returns to the secretary of state.
History: 1953 Comp., § 3-13-2, enacted by Laws 1969, ch. 240, § 304; 1977, ch. 222, § 73.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.
Cross references. — For returns defined, see 1-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 29 C.J.S. Elections §§ 229, 232.