reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-19 - Recompiled.

History:
1953 Comp., § 3-5-24, enacted by Laws 1969, ch. 240, § 125; 1975, ch. 255, § 74; 1987, ch. 249, § 16; 1993, ch. 314, § 39; 1993, ch. 316, § 39; 1995, ch. 166, § 5; 2001, ch. 146, § 8; 1978 Comp., § 1-5-19, recompiled as § 1-4-5.4 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-5-19 NMSA 1978 as 1-4-5.4 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-20 - Repealed.

History:
1953 Comp., § 3-5-25.1, enacted by Laws 1977, ch. 222, § 11; 1993, ch. 314, § 40; 1993, ch. 316, § 40; repealed Laws 2005, ch. 270, § 79.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 270, § 79 repealed 1-5-20 NMSA 1978, as enacted by Laws 1977, ch. 222, § 11, relating to certificates of registration, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-21 - Data processor; custody and protection of voter file; delivery of voter file and program records.

A. The designated data processor shall provide the secretary of state, county clerk or county with data processing services in the implementation and maintenance of the Voter Records System Act and in carrying out such other services as are reasonably related to providing data processing of the voter records system.
B. The designated data processor shall preserve and safeguard voter files and voter registration system software from loss, damage, unauthorized alteration, unauthorized access and unauthorized reproduction and shall ensure their continued use and accessibility while they are in the data processor's custody.
C. No copies of the voter file or information or listings derived therefrom shall be furnished by the data processor to any person other than the secretary of state, the county clerk or their designated agents.
History:
1953 Comp., § 3-5-26, enacted by Laws 1975, ch. 255, § 75; 1989, ch. 392, § 9; 2005, ch. 270, § 32.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, in Subsection A, provided that the data processor shall provide the services to the secretary of state; in Subsection B, deleted the former provision which provided that the data processor shall be responsible for the identification of the voter files and program records and their parts, and provided that the data processor shall preserve and safeguard voter files and voter registration system software; in Subsection C, provided that the data processor may provide voter file and information to the secretary of state; deleted former Subsection D, which provided that the data processor shall provide county clerks with data processing services to implement the unofficial election canvassing system; deleted former Subsection E, which provided that the unofficial election canvassing system shall be tested by the secretary of state; and deleted former Subsection F, which provided that the secretary of state shall certify the unofficial election canvassing system.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-22 - Unlawful disposition of voter file; penalty.

A. Unlawful disposition of voter file consists of the willful selling, loaning, providing access to or otherwise surrendering of the voter file, duplicates of the file or a part of the file by a data processor; a data processor's agent or employee; a state or county officer; or a state or county officer's deputy, assistant, employee or agent to anyone not authorized by the Voter Records System Act to have possession of the file.
B. For purposes of this section, a file maintenance list shall be considered a voter file or a part of a voter file.
C. Any data processor, officer, deputy, assistant, agent or employee who commits unlawful disposition of a voter file is guilty of a fourth degree felony.
History:
1953 Comp., § 3-5-27, enacted by Laws 1975, ch. 255, § 76; 2005, ch. 270, § 33.
ANNOTATIONS
Cross references.
— For offenses and penalties,
see
1-20-1 NMSA 1978 et seq.
The 2005 amendment,
effective July 1, 2005, in Subsection A, provided that unlawful disposition of voter file includes providing access to the voter file and includes the prohibited acts by a data processor's agent or employee or a state or county officer's deputy or assistant.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-23 - Unlawful destruction or alteration of data recording media, voter files, file maintenance lists, voter registration system software and instructions or voter lists; penalty.

A. Unlawful destruction or alteration of data recording media, voter files, file maintenance lists, voter registration system software and instructions or voter lists consists of the unauthorized destruction of, the unauthorized alteration of, the erasure of information from or the rendering unusable for their lawfully intended purpose of such media, files, software, instructions and lists or parts thereof by any person.
B. Any person who commits unlawful destruction or alteration of data recording media, voter files, file maintenance lists, voter registration system software and instructions or voter lists is guilty of a fourth degree felony.
History:
1953 Comp., § 3-5-28, enacted by Laws 1975, ch. 255, § 77; 2005, ch. 270, § 34.
ANNOTATIONS
Cross references.
— For offenses and penalties,
see
1-20-1 NMSA 1978 et seq.
The 2005 amendment,
effective July 1, 2005, changed "active data processing media" to "data recording media", "program records" to "voter registration system software" and "records" to "software".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-24 - Recompiled.

History:
1953 Comp., § 3-5-29, enacted by Laws 1975, ch. 255, § 78; 1995, ch. 166, § 6; 2005, ch. 270, § 35; 1978 Comp., § 1-5-24 recompiled as § 1-4-5.5 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-5-24 NMSA 1978 as 1-4-5.5 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-25 - Recompiled.

History:
1953 Comp., § 3-5-30, enacted by Laws 1975, ch. 255, § 79; 2001, ch. 146, § 9; 2005, ch. 270, § 36; 1978 Comp., § 1-5-25, recompiled as § 1-4-5.6 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-5-25 NMSA 1978 as 1-4-5.6 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-26 - Contractual agreement required with data processor.

The secretary of state shall enter into a written contractual agreement with the data processor notwithstanding the fact that the data processor may be a department of state government.
History:
1953 Comp., § 3-5-31, enacted by Laws 1975, ch. 255, § 80; 2005, ch. 270, § 37.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, provided the secretary of state shall enter into an agreement with a data processor; deleted the provisions in former Subsection A, which provided that each county shall enter into an agreement with a data processor notwithstanding the fact that the data processor is a department of a county or municipality and that parties to the agreement shall be the county, the county clerk and the data processor; deleted former Subsection B, which provided that all agreements shall be approved by the secretary of state with the assistance of the automated voter records system advisory committee; and deleted former Subsection C, which provided that the secretary of state shall provide by regulation contractual provisions required for approval.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-27 - Repealed.

History:
1953 Comp., § 3-5-32, enacted by Laws 1975, ch. 255, § 81; 1987, ch. 249, § 17; repealed Laws 2005, ch. 270, § 79.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 270, § 79 repealed 1-5-27 NMSA 1978, as enacted by Laws 1975, ch. 255, § 81, relating to automated voter records system advisory committee, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-28 - Repealed.

History:
1953 Comp., § 3-5-33, enacted by Laws 1975, ch. 255, § 82; repealed Laws 2005, ch. 270, § 79.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 270, § 79 repealed 1-5-28 NMSA 1978, as enacted by Laws 1975, ch. 255, § 82, relating to automated voter records system advisory committee, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-29 - Repealed.

History:
1953 Comp., § 3-5-34, enacted by Laws 1975, ch. 255, § 83; 1987, ch. 249, § 18; 1993, ch. 314, § 41; 1993, ch. 316, § 41; 2001, ch. 146, § 10; repealed Laws 2005, ch. 270, § 79.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 270, § 79 repealed 1-5-29 NMSA 1978, as enacted by Laws 1975, ch. 255, § 83, relating to automated voter records system advisory committee, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-31 - Uniform procedures for counties.

The secretary of state shall:
A. assist county clerks by devising uniform procedures and forms that are compatible with the voter registration electronic management system;
B. provide to each county clerk the computer software necessary for the use and maintenance of the voter registration electronic management system;
C. provide to each county clerk, through an agreement with the motor vehicle division of the taxation and revenue department, access to the division's driver's license database for the purpose of verifying voter registrations, processing absentee ballots and qualifying provisional ballots; and
D. adopt such rules as are necessary to establish and administer the voter registration electronic management system and to regulate the use of the driver's license database by county clerks.
History:
Laws 1989, ch. 298, § 2; 2005, ch. 270, § 39; 2015, ch. 145, § 24.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided new duties for the secretary of state in assisting county clerks in verifying voter registrations and processing absentee ballots and qualifying provisional ballots, and required the secretary of state to adopt rules to establish and administer the voter registration electronic management system and to regulate the use of the driver's license database by county clerks; in Subsection A, after "compatible with the", deleted "statewide computerized", and after "registration", added "electronic management"; in Subsection B, after "maintenance of the", deleted "statewide computerized", after "voter registration", added "electronic management", and after system;", deleted "and"; added a new Subsection C and redesignated former Subsection C as Subsection D; and in Subsection D, after "such rules", deleted "and regulations", after "administer the", deleted "statewide computerized", after "voter registration", added "electronic management", after "system and to", deleted "require deadlines and time limits for the updating of voter files" and added "regulate the use of the driver's license database by count clerks".
The 2005 amendment,
effective July 1, 2005, in Subsection B, deleted the requirement that the secretary of state develop computer software; and in Subsection C, deleted the provision that the secretary of state adopt rules and regulations to provide for the update of voter files at each polling place for the next election.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-1 - Absent Voter Act; short title.

Chapter 1, Article 6 NMSA 1978 may be cited as the "Absent Voter Act".
History:
1953 Comp., § 3-6-1, enacted by Laws 1969, ch. 240, § 127; 2018, ch. 79, § 6.
ANNOTATIONS
Cross references.
— For constitutional provision as to absentee voting laws,
see
N.M. Const., art. VII, § 1.
For absentee voting in municipal elections,
see
3-9-1 NMSA 1978 et seq.
The 2018 amendment,
effective July 1, 2018, changed "Sections 1-6-1 through 1-6-18 NMSA 1978" to "Chapter 1, Article 6 NMSA 1978".
Provisions are applicable to local option district elections,
thereby directing the absentee voting procedures to be followed in such elections. 1977 Op. Att'y Gen. No. 77-17.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 355 et seq.
Voting by persons in military service, 140 A.L.R. 1100, 147 A.L.R. 1443, 148 A.L.R. 1402, 149 A.L.R. 1466, 150 A.L.R. 1460, 151 A.L.R. 1464, 152 A.L.R. 1459, 153 A.L.R. 1434, 154 A.L.R. 1459, 155 A.L.R. 1459.
Military establishments, state voting rights of residents of, 34 A.L.R.2d 1193.
Absentee voters' laws: validity of, 97 A.L.R.2d 218.
Absentee voters' laws: construction and effect of, 97 A.L.R.2d 257.
29 C.J.S. Elections §§ 210(1), 210(2).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-1.1 - Definitions.

As used in the Absent Voter Act:
A. "absentee" means the ability of a voter to receive, fill out and return a ballot at a place and time other than a polling location on the day of the election;
B. "early voting location" means the office of the county clerk, an alternate voting location or a mobile alternate voting location;
C. "mailed ballot" means a ballot that is sent to a voter pursuant to the provisions of the Election Code and does not include a ballot that is provided to a voter in person at an early voting location; and
D. "registered ballot" means a ballot that has been filled out by the voter and whose votes have been recorded and retained by an electronic voting system before the day of the election pursuant to the provisions of the Election Code.
History:
1978 Comp., § 1-6-1.1, enacted by Laws 2019, ch. 212, § 60.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-2 - Repealed.

History:
1978 Comp., § 1-6-2, enacted by Laws 1987, ch. 327, § 6; 1991, ch. 105, § 9; 1999, ch. 267, § 4; 2003, ch. 356, § 17; repealed by Laws 2015, ch. 145, § 101.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 145, § 101 repealed 1-6-2 NMSA 1978, as enacted by Laws 1987, ch. 327, § 6, relating to definitions, effective July 1, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com.
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-4.1 - Repealed.

History:
1978 Comp., § 1-6-4.1, enacted by Laws 1987, ch. 327, § 9; 1999, ch. 267, § 7; 2003, ch. 355, § 3; repealed by Laws 2015, ch. 145, § 101.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 145, § 101 repealed 1-6-4.1 NMSA 1978, as enacted by Laws 1987, ch. 327, § 9, relating to federal and state write-in absentee ballot for overseas voters in general elections for state or federal offices, effective July 1, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com.
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-4.2 - Repealed.

History:
Laws 2003, ch. 355, § 1; repealed by Laws 2015, ch. 145, § 101.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 145, § 101 repealed 1-6-4.2 NMSA 1978, as enacted by Laws 2003, ch. 355, § 1, relating to write-in absentee ballots, federal qualified electors and overseas voters, effective July 1, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com.
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-4.3 - Third party agents collecting applications for mailed ballots.

A. A person or organization that is not part of a government agency and that collects applications for mailed ballots shall submit the applications to the appropriate office for filing within forty-eight hours of their completion or the next business day if the appropriate office is closed for that forty-eight-hour period.
B. A person who collects applications for mailed ballots and fails to submit a voter's completed application is guilty of a petty misdemeanor.
C. A person who intentionally alters another voter's completed application for a mailed ballot is guilty of a fourth degree felony.
History:
Laws 2005, ch. 270, § 41; 2007, ch. 337, § 9; 2019, ch. 212, § 63.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, replaced "absentee ballots" with "mailed ballots", and provided duties for third party agents who collect applications for mailed ballots; and replaced "absentee ballot applications" with "applications for mailed ballots" throughout the section.
The 2007 amendment,
effective July 1, 2007, eliminated the requirement that the secretary of state establish procedures to ensure that absentee ballot applications can be traced to the person and organization collecting the applications; provided that a person who collects absentee ballot applications and fails to submit a completed application is guilty of a petty misdemeanor; and added Subsection C.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-5.1 - Repealed.

History:
1978 Comp., § 1-6-5.1, enacted by Laws 1991, ch. 105, § 10; 2003, ch. 356, § 20; 2009, ch. 251, § 6; repealed by Laws 2015, ch. 145, § 101.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 145, § 101 repealed 1-6-5.1 NMSA 1978, as enacted by Laws 1991, ch. 105, § 10, relating to absentee ballot distribution to federal qualified electors and overseas voters, effective July 1, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com.
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-5.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 267, § 36 repealed 1-6-5.2 NMSA 1978, as enacted by Laws 1991, ch. 105, § 11, giving the secretary of state emergency authority to prescribe by regulation procedures to prevent the New Mexico national guard and reserve units from being technically disenfranchised when called to active duty, effective June 18, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-5.3 - Repealed.

History:
Laws 1999, ch. 267, § 2; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-6-5.3 NMSA 1978, as enacted by Laws 1999, ch. 267, § 2, relating to secretary of state's emergency authority, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-5.4 - Repealed.

History:
Laws 1999, ch. 267, § 3; 2005, ch. 270, § 44; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-6-5.4 NMSA 1978, as enacted by Laws 1999, ch. 267, § 3, relating to security, counting and canvassing, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-5.5 - Repealed.

History:
Laws 2003, ch. 357, § 4; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-6-5.5 NMSA 1978, as enacted by Laws 2003, ch. 357, § 4, relating to early voting, alternative voting locations and poll workers, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-5.6 - Early voting; alternate voting locations; procedures.

The county clerk shall:
A. ensure that voters have adequate access to early voting in the county, taking into consideration population density and travel time to the location of voting;
B. ensure that early voters are not allowed to vote in person on election day;
C. ensure that adequate interpreters are available at alternate voting locations in those precincts having a majority of qualified electors who are part of a recognized language minority; and
D. based on rules adopted by the secretary of state, allow for mobile alternate voting locations that may be set up temporarily in specified precincts of the county during the period when early voting is allowed at alternate voting locations.
History:
Laws 2003, ch. 357, § 6; 2005, ch. 270, § 45; 2007, ch. 193, § 1; 2009, ch. 251, § 7; 2011, ch. 137, § 41; 2019, ch. 212, § 65.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, removed the rural area limitation for mobile alternate voting locations; in Subsection A, after "adequate access to", deleted "alternate voting locations for"; and in Subsection D, after "mobile alternate voting locations", deleted "in rural areas".
The 2011 amendment,
effective July 1, 2011, required county clerks rather than the secretary of state to administer the duties imposed by this section.
The 2009 amendment,
effective June 19, 2009, after "rural areas of the state", added the remainder of the sentence and deleted former Subsection E, which provided for alternative early voting locations on Indian nation, tribal or pueblo land.
The 2007 amendment,
effective June 15, 2007, added Subsection E.
The 2005 amendment,
effective July 1, 2005, added Subsections C and D.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-5.8 - Repealed.

History:
Laws 2009, ch. 251, § 2; 2019, ch. 212, § 67; repealed by Laws 2023, ch. 84, § 24.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 84, § 24 repealed 1-6-5.8 NMSA 1978, as enacted by Laws 2009, ch. 251, § 2, relating to early voting, Native American early voting locations, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-7 - Repealed.

History:
1953 Comp., § 3-6-7, enacted by Laws 1969, ch. 240, § 133; 1971, ch. 317, § 8; 1975, ch. 255, § 87; 1999, ch. 267, § 10; 2003, ch. 355, § 5; 2009, ch. 150, § 4; repealed by Laws 2009, ch. 251, § 13.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 251, § 13 repealed 1-6-7 NMSA 1978, as enacted by Laws 1969, ch. 240, § 133, relating to form of absentee ballots, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-8.1 - Mailed ballots; notice to voters.

A. In a statewide election, each mailed ballot sent to a voter in the election shall contain the following notice: "This ballot may be returned to the office of the county clerk or any open voting location or monitored secured container in the county where you are registered to vote at any time up to 7:00 p.m. on the day of the election. If this ballot is returned by mail, to ensure timely postal delivery to the county clerk, the ballot should be mailed no later than __________.".
B. In a special election, each mailed ballot sent to a voter in the election shall contain the following notice: "This ballot may be returned to the office of the county clerk or a monitored secured container in the county where you are registered to vote at any time up to 7:00 p.m. on the day of the election. If this ballot is returned by mail, to ensure timely postal delivery to the county clerk, the ballot should be mailed no later than __________.".
C. The date used in the notice shall be seven days prior to the election day.
History:
1978 Comp., § 1-6-8.1, enacted by Laws 2023, ch. 39, § 28.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-9.1 - Repealed.

History:
1978 Comp., § 1-6-9.1, enacted by Laws 1991, ch. 105, § 13; 1993, ch. 20, § 4; 1999, ch. 267, § 13; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-6-9.1 NMSA 1978, as enacted by Laws 1991, ch. 105, § 13, relating to voting by electronic ballot, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-9.2 - Repealed.

History:
Laws 1999, ch. 267, § 1; 2011, ch. 137, § 43; repealed by Laws 2023, ch. 39, § 99.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 39, § 99 repealed 1-6-9.2 NMSA 1978, as enacted by Laws 1999, ch. 267, § 1, relating to preparation of electronic voting machines, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-10.1 - Absentee ballot; delivery to county clerk.

A. A voter, caregiver to that voter or member of that voter's immediate family or household may deliver that voter's absentee ballot to the county clerk in person or by mail; provided that the voter has subscribed the official mailing envelope of the absentee ballot.
B. As used in this section, "immediate family" means the spouse, children, parents, domestic partner, grandchildren, grandparents or siblings of a voter or a person with whom the voter has a continuing personal relationship.
History:
Laws 2003, ch. 357, § 5; 2005, ch. 270, § 49; 2019, ch. 212, § 72; 2023, ch. 39, § 31.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised the definition of "immediate family" as used in this section; in Subsection A, after "voter's immediate family", added "or household"; and in Subsection B, after "parents", added "domestic partner, grandchildren, grandparents", and after "siblings of a voter", added "or a person with whom the voter has a continuing personal relationship".
The 2019 amendment,
effective April 3, 2019, defined "immediate family" as used in this section; and added Subsection B.
The 2005 amendment,
effective July 1, 2005, required the voter to subscribe the outer envelope of the absentee ballot.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-10.2 - Repealed.

History:
Laws 2003, ch. 378, § 1; 2007, ch. 336, § 20.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 336, § 20 repealed 1-6-10.2 NMSA 1978, as enacted by Laws 2003, ch. 378, § 1, relating to absentee voter returns and reporting, effective April 2, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 150, § 6 repealed 1-6-12 and 1-6-13 NMSA 1978, relating to delivery routes to absent voter precinct and special duty county clerks and delivery watchers, effective June 19, 1981.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-15 - Canvass; recount or recheck; disposition.

If voting machines are not used to register absentee ballots, the absentee ballots shall be canvassed, recounted and disposed of in the manner provided by the Election Code [Chapter 1 NMSA 1978] for the canvassing, recounting and disposition of paper ballots. If voting machines are used to register absentee ballots, the ballots shall be canvassed and rechecked in the manner provided by the Election Code for the canvassing and recheck of ballots cast on a voting machine; provided, in the event of a contest, voting machines used to register absentee ballots shall not be rechecked but the absentee ballots shall be recounted in the manner provided by the Election Code for the recounting of paper ballots. As used in this section, "voting machines" means electronic voting machines as provided in the Election Code.
History:
1953 Comp., § 3-6-14.1, enacted by Laws 1977, ch. 222, § 13; 1985, ch. 207, § 6; 1999, ch. 267, § 17; 2009, ch. 150, § 5.
ANNOTATIONS
Cross references.
— For the verification of votes on a voting machine,
see
1-12-37 NMSA 1978.
For counting and tallying procedures for emergency paper ballots,
see
1-12-65 NMSA 1978.
For recount of emergency paper ballots,
see
1-12-68 NMSA 1978.
For the disposition of emergency paper ballots,
see
1-12-69 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, in the first sentence, after "disposition of", deleted "emergency" and in the second sentence, after "recounting of", deleted "emergency".
The 1999 amendment,
effective June 18, 1999, deleted "lever voting machines or" preceding "electronic voting machines" in the last sentence and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 55, § 1 repealed 1-6-17 NMSA 1978, as enacted by Laws 1969, ch. 240, § 142, relating to the cancellation of absentee ballots at death, effective June 18, 1999.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 249, § 52 repealed 1-6-18 NMSA 1978, as enacted by Laws 1975, ch. 255, § 91, relating to marking the affidavit of registration, effective June 19, 1987.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-18.1 - Repealed.

History:
Laws 2003, ch. 356, § 8; repealed by Laws 2015, ch. 145, § 101.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 145, § 101 repealed 1-6-18.1 NMSA 1978, as enacted by Laws 2003, ch. 356, § 8, relating to absentee ballots, overseas voters, reports, effective July 1, 2015. For provisions of the former section,
see
the 2014 NMSA 1978 on
NMOneSource.com.
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-19 - Repealed.

History:
1953 Comp., § 3-6-18, enacted by Laws 1969, ch. 54, § 1; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 1-6-19 NMSA 1978, as enacted by Laws 1969, ch. 54, § 1, relating to the short title of the Absent Voter Precinct Act, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-20 - Creation of absent voter precinct.

A. The board of county commissioners shall adopt a resolution creating, for absent voting purposes only, an absent voter precinct for each county.
B. Absent voter precincts shall be identified by the name of the county.
History:
1953 Comp., § 3-6-20, enacted by Laws 1969, ch. 54, § 3; 1971, ch. 317, § 12; 1975, ch. 255, § 92; 1977, ch. 222, § 14; 2005, ch. 270, § 52.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, in Subsection A, provided that the resolution create a precinct for each county; in Subsection A, deleted the former provision which provided that the resolution create a precinct for each state legislative district and the boundaries of each precinct coincide with the boundaries of the state representative district except for multi-county representative districts where the boundaries of the precinct shall coincide with the boundaries of that portion of the representative district lying within the county; and in Subsection B, deleted the former provision which provided that precincts be identified by the name of the state representative district number or in multi-county representative districts the precinct shall be distinguished by the name of the county.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-21 - Repealed.

History:
1953 Comp., § 3-6-20.1, enacted by Laws 1975, ch. 255, § 93; 1977, ch. 222, § 15; 1999, ch. 267, § 22; repealed Laws 2005, ch. 270, § 79.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 270, § 79 repealed 1-6-21 NMSA 1978, as enacted by Laws 1975, ch. 255, § 93, relating to consolidation of absent voter precincts, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-22 - Designation of absent voter precinct polling place.

The board of county commissioners of each county shall designate a polling place in each absent voter precinct at the time the precinct is created.
History:
1953 Comp., § 3-6-21, enacted by Laws 1969, ch. 54, § 4; 1975, ch. 255, § 94; 2005, ch. 270, § 53.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, deleted the former provision that a polling place shall be designated in each precinct when the precinct is consolidated.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-23 - Absent voter precinct polling place; hours on election day and subsequent days.

The county clerk or statutorily appointed supervisor of the election shall determine the hours between 8:00 a.m. and 5:00 p.m. during which the absent voter precinct polling place shall be open for delivery and registering of absentee ballots on the five days preceding election day and the hours during which the absent voter precinct polling place shall be open for the delivery, registering and counting of ballots on election day and subsequent days until all ballots are counted; provided that the absent voter precinct polling place opens at 7:00 a.m. on election day.
History:
1953 Comp., § 3-6-21.1, enacted by Laws 1975, ch. 255, § 95; 1977, ch. 222, § 16; 1983, ch. 232, § 7; 1999, ch. 267, § 23; 2005, ch. 270, § 54; 2007, ch. 336, § 12.
ANNOTATIONS
The 2007 amendment,
effective April 2, 2007, required the county clerk to determine the hours between 8:00 a.m. and 5:00 p.m. during which absent voter precinct polling places will open preceding election day and the hours during which absent voter precinct polling places will be open on election day and required that absent voter precinct polling places open at 7:00 a.m. on election day.
The 2005 amendment,
effective July 1, 2005, provided that the county clerk or supervisor of the election shall determine the hours when the absent voter precinct shall be open for registering of absentee ballots on the five days preceding election day and the delivery and registering of ballots.
The 1999 amendment,
effective June 18, 1999, added "and subsequent days" at the end of the section heading; added the language ending "election shall determine" at the beginning; and substituted the language beginning "on election day and subsequent days" for "shall be set by the county clerk or statutorily appointed supervisor of the election" at the end.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-24 - Repealed.

History:
1953 Comp., § 3-6-22, enacted by Laws 1969, ch. 54, § 5; 1971, ch. 317, § 13; 1975, ch. 255, § 96; 1999, ch. 267, § 24; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-6-24 NMSA 1978, as enacted by Laws 1969, ch. 54, § 5, relating to absent voter precinct board appointment, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6 - Absentee Voting › Section 1-6-25 - Repealed.

History:
1953 Comp., § 3-6-23, enacted by Laws 1969, ch. 54, § 6; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-6-25 NMSA 1978, as enacted by Laws 1969, ch. 54, § 6, relating to watchers and challengers for absent voter precinct, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6A - Absentee-Early Voting Act (Repealed.) › Section 1-6A-1 to 1-6A-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 267, § 36 repealed 1-6A-1 to 1-6A-12 NMSA 1978, as enacted by Laws 1993, ch. 37, §§ 1 to 9 and Laws 1995, ch. 165, §§ 4 to 6 and as amended by Laws 1995, ch. 165, §§ 1 to 3, relating to absentee-early voting, effective June 18, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6B - Uniform Military and Overseas Voters › Section 1-6B-1 - Short title.

Chapter 1, Article 6B NMSA 1978 may be cited as the "Uniform Military and Overseas Voters Act".
History:
Laws 2015, ch. 145, § 25; 2018, ch. 79, § 7.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, changed "Sections 25 through 41 of this act" to "Chapter 1, Article 6B NMSA 1978".
Applicability.
— Laws 2015, ch. 145, § 102 provided that the Uniform Military and Overseas Voters Act is applicable to any federal postcard application received as of the first day of the current election cycle.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6B - Uniform Military and Overseas Voters › Section 1-6B-2 - Definitions.

As used in the Uniform Military and Overseas Voters Act:
A. "federal postcard application" means the application prescribed under the federal Uniformed and Overseas Citizens Absentee Voting Act;
B. "federal write-in absentee ballot" means the ballot approved pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act; and
C. "military-overseas ballot" means a ballot sent to a federal qualified elector by the county clerk or cast in accordance with the provisions of the Uniform Military and Overseas Voters Act.
History:
Laws 2015, ch. 145, § 26; 2018, ch. 79, § 8; 2019, ch. 212, § 77.
ANNOTATIONS
Cross references.
— For the federal Uniformed and Overseas Citizens Absentee Voting Act,
see
42 U.S.C.S. § 1973ff et seq.
The 2019 amendment,
effective April 3, 2019, revised the definition of "military overseas ballot" as used in the Uniform Military and Overseas Voters Act, and removed certain definitions from the section; deleted former Subsection A, which defined "appropriate clerk", and redesignated former Subsections B through D as Subsections A through C, respectively; in Subsection C, deleted former Paragraph C(1) and paragraph designation "(2)"; and deleted Paragraphs E and F.
The 2018 amendment,
effective July 1, 2018, revised the definition of "appropriate clerk" as used in the Uniform Military and Overseas Voters Act; and in Subsection A, after "county clerk", deleted "for elections conducted pursuant to the Election Code and a municipal clerk for elections conducted pursuant to the Municipal Election Code" and added "of the county in which the federal qualified elector is eligible to vote".
Temporary provisions.
— Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6B - Uniform Military and Overseas Voters › Section 1-6B-3 - Elections covered; form of ballot and ballot materials; benefits of the Uniform Military and Overseas Voters Act.

A. The procedures in the Uniform Military and Overseas Voters Act apply to elections conducted pursuant to the Election Code.
B. A federal qualified elector may vote for all candidates and on all ballot questions as if the voter were able to cast a ballot in person.
C. The form of the military-overseas ballot shall be the same as the ballot provided to all other voters. The form of the military-overseas ballot materials shall be the same as the ballot materials provided to all other voters, except as required by the Uniform Military and Overseas Voters Act.
D. To receive the benefits of the Uniform Military and Overseas Voters Act, a federal qualified elector shall inform the county clerk that the individual is a federal qualified elector. Methods of informing the county clerk include:
(1) the use of a federal postcard application or federal write-in absentee ballot;
(2) the use of an army post office, fleet post office or diplomatic post office address in the correct format as a mailing address on a certificate of registration or as a delivery address on an absentee ballot application;
(3) the use of an overseas address as a mailing address on a certificate of registration or as a delivery address on an absentee ballot application; or
(4) the inclusion on a certificate of registration or an absentee ballot application or other information sufficient to identify the voter as a federal qualified elector.
History:
Laws 2015, ch. 145, § 27; 2018, ch. 79, § 9; 2019, ch. 212, § 78.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, in Subsection B, added "ballot" preceding "questions"; and in Subsection D, deleted "appropriate" and added "county" preceding each occurrence of "clerk".
The 2018 amendment,
effective July 1, 2018, made conforming changes as a result of the repeal of the Municipal Election Code; and in Subsection A, after "Election Code", deleted "and the Municipal Election Code".
Temporary provisions.
— Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6B - Uniform Military and Overseas Voters › Section 1-6B-5 - Methods of registering to vote.

A. A federal qualified elector may register to vote using any of the following methods; provided that the document is received by the county clerk by the deadline for registering to vote as provided in Section 1-4-8 NMSA 1978:
(1) using the procedures provided in Chapter 1, Article 4 NMSA 1978; or
(2) using a federal postcard application or the application's approved electronic equivalent.
B. A voter's certificate of registration completed pursuant to the Uniform Military and Overseas Voters Act shall remain valid until canceled in accordance with the procedures specified in Chapter 1, Article 4 NMSA 1978.
C. In registering to vote, a federal qualified elector shall use and must be assigned to the voting precinct of the address of:
(1) the residence of the voter, if the voter resides in this state; or
(2) the last place of residence of the voter in this state, or the last place of residence in this state of the parent or legal guardian of the voter if the voter did not reside in this state; provided that if that address is no longer a recognized residential address, the voter shall be assigned an address or other location within that precinct.
D. A federal qualified elector who registered for the first time in this state by mail is exempt pursuant to federal law from the requirement to provide documentary identification as otherwise required by Subsection F of Section 1-6-4 NMSA 1978.
History:
Laws 2015, ch. 145, § 29; 2019, ch. 212, § 80; 2023, ch. 39, § 36.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided that a federal qualified elector who registered for the first time in this state by mail is exempt pursuant to federal law from the requirement to provide documentary identification as otherwise required by state law; and added Subsection D.
The 2019 amendment,
effective April 3, 2019, revised the list of methods of registering to vote, and provided statutory citations for references to the Election Code; in Subsection A, Paragraph A(1), after "provided in", added "Chapter 1", after "Article 4", deleted "of the Election Code" and added "NMSA 1978", deleted former Paragraph A(3); in Subsection B, after "valid until", deleted "the voter's certificate of registration is", and after "specified in", added "Chapter 1", and after "Article 4", deleted "of the Election Code" and added "NMSA 1978".
Applicability.
— Laws 2015, ch. 145, § 102 provided that the Uniform Military and Overseas Voters Act is applicable to any federal postcard application received as of the first day of the current election cycle.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 6B - Uniform Military and Overseas Voters › Section 1-6B-7 - Transmission of unvoted military-overseas ballots to federal qualified electors.

A. Not later than forty-five days before an election, even if the forty-fifth day before an election falls on a weekend or a holiday, the county clerk shall transmit a ballot and balloting materials to all federal qualified electors who by that date submit a valid military-overseas ballot application.
B. The county clerk shall transmit a ballot and balloting materials as soon as practicable when the ballot application from a federal qualified elector arrives after the forty-fifth day before the election and before absentee ballots are transmitted to other voters pursuant to the Absent Voter Act.
C. The county clerk shall transmit a ballot and balloting materials in accordance with the procedures for processing of all other absentee ballot applications for that jurisdiction when the ballot application from a federal qualified elector arrives after the county clerk has begun transmitting ballots and balloting materials to other voters.
D. A federal qualified elector may request that the ballot and balloting materials be sent by secured electronic transmission available to the county clerk where the ballot and balloting materials are sent directly by the clerk to the federal qualified elector. The clerk shall determine the most reasonable expedited means of delivery for a ballot and balloting materials for a federal qualified elector who does not request secured electronic transmission.
History:
Laws 2015, ch. 145, § 31; 2018, ch. 79, § 12; 2019, ch. 212, § 82.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, removed certain methods of transmission of military-overseas ballots, and provided that electronic transmission of ballots be secured; in Subsection D, after "be sent by", deleted "facsimile transmission, electronic mail delivery or other equivalent" and added "secured", deleted "The clerk shall transmit the ballot and balloting materials using the means of transmission requested by the federal qualified elector.", and after "does not request", deleted "a particular means of" and added "secured electronic".
The 2018 amendment,
effective July 1, 2018, made conforming changes as a result of the repeal of the Municipal Election Code; and in Subsection B, after "Absent Voter Act", deleted "or the provisions of the Municipal Election Code".
Temporary provisions.
— Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act.