Section 3-8-62 - Contest of elections; destruction of ballots.
3-8-62. Contest of elections; destruction of ballots.
A. The district court shall entertain contests for any municipal office or on any question placed on the ballot and the procedure shall be as provided in the Municipal Election Code [Chapter 3, Articles 8 and 9 NMSA 1978].
B. The ballots only shall be destroyed:
(1) thirty days after the issuance of the certificate of election, or thirty days after completion of canvassing for elections in which there are no candidates for municipal office, for those precincts in which the municipal clerk has received no notice of contest or judicial inquiry; or
(2) upon order of the district court having jurisdiction for those precincts where a contest, recount or judicial inquiry is sought.