2020 New Mexico Statutes
Chapter 1 - Elections
Article 2 - Election Officers and Boards
Section 1-2-20 - Messengers; compensation.

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 absentee ballots and removable media storage devices from polling places and deliver them to locations designated by the county clerk.

B. Messengers may be compensated at the same daily or hourly rate as provided for election board members or at a rate established by the county clerk. Messengers may be paid mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] each way over the usually traveled route when the messenger travels by private vehicle. The compensation and mileage shall be paid within thirty days following the date of election.

C. Messengers shall take an oath of office before entering into service as a messenger. 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.

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