1. A. The county clerk may appoint messengers to deliver ballot boxes, poll books, keys, election supplies and other materials pertaining to the election. Messengers may also be authorized to collect mailed ballots from polling places or monitored secured containers and removable media storage devices from polling places and deliver each to locations designated by the county clerk.
2. B. Messengers shall take an oath of office before entering into service as a messenger. No person shall serve as a messenger unless the person would also meet the requirements to be a challenger, watcher or election observer pursuant to Paragraphs (1) through (4) and (6) of Subsection C of Section 1-2-22 NMSA 1978. Messengers may be appointed to serve solely in that capacity or may be election board members or county employees also appointed to serve as messengers.

History: 1953 Comp., § 3-2-18, enacted by Laws 1969, ch. 240, § 39; 1973, ch. 4, § 1; 1981, ch. 159, § 5; 2007, ch. 337, § 6; 2015, ch. 145, § 10; 2019, ch. 212, § 29; 2023, ch. 39, § 14.

ANNOTATIONS

Cross references. — For offenses by messengers, see 1-20-19 NMSA 1978.

The 2023 amendment, effective June 16, 2023, removed provisions related to compensation for messengers, and provided certain qualifications for service as a messenger; in the section heading, deleted "compensation", and added "appointment"; in Subsection A, after "authorized to collect", deleted "absentee" and added "mailed", and after "ballots", added "from polling places or monitored secured containers"; deleted former Subsection B, which provided for compensation or messengers, and redesignated former Subsection C as Subsection B; and in Subsection B, added "No person shall serve as a messenger unless the person would also meet the requirements to be a challenger, watcher or election observer pursuant to Paragraphs (1) through (4) and (6) of Subsection C of Section 1-2-22 NMSA 1978.".

The 2019 amendment, effective April 3, 2019, revised a provision related to compensating messengers hired to deliver ballot boxes and other materials pertaining to an election, removed the requirement that messengers be paid mileage, and required messengers to take an oath of office; in Subsection B, after the subsection designation added the first sentence, in the second sentence, after "Messengers", deleted "shall" and added "may", after "traveled route", added "when the messenger travels by private vehicle", and after "date of election", deleted "if funds are available for payment"; and added Subsection C.

The 2015 amendment, effective July 1, 2015, provided for messengers, appointed by the count clerk, to collect removable media storage devices from polling places and deliver them as instructed by the county clerk; in Subsection A, after "absentee ballots", added "and removable media storage devices", and after "places and deliver", deleted "those absentee ballots" and added "them".

The 2007 amendment, effective July 1, 2007, provided that messengers may collect absentee ballots from polling places and deliver them to locations designated by the county clerk.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 29 C.J.S. Elections § 63.