reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-9.1 - Recompiled.

History:
Laws 1995, ch. 198, § 15; 1978 Comp., § 1-12-9.1 recompiled as § 1-20-13.1 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-12-9.1 NMSA 1978 as 1-20-13.1 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-10 - Conduct of election; voter's name, address and signature.

A. A voter at the polls shall announce the voter's name and address in an audible tone of voice. When a judge or election clerk finds the voter's name in the signature roster, the judge or election clerk shall in like manner repeat the name of the voter. The judge or election clerk shall then ask the voter to provide the required voter identification. The voter shall then sign the voter's name or make the voter's mark on the signature line in the copy of the signature roster to be returned to the county clerk. Upon the voter's name or mark being written in the signature roster, a challenge may be interposed as provided in the Election Code [Chapter 1 NMSA 1978].
B. If a voter fails to provide the required voter identification, the voter shall be allowed to vote on a provisional paper ballot.
History:
1953 Comp., § 3-12-13, enacted by Laws 1969, ch. 240, § 249; 1987, ch. 249, § 27; 1991, ch. 105, § 26; 2005, ch. 270, § 65; 2011, ch. 137, § 88.
ANNOTATIONS
Cross references.
— For interposing challenges,
see
1-12-20 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, included election clerks within the scope of this section.
The 2005 amendment,
effective July 1, 2005, in Subsection A, provideed that the election judge shall ask the voter to provide the required voter identification; and added Subsection B to provide that if a voter fails to provide the required voter identification, the voter shall vote on a provisional ballot.
The 1991 amendment,
effective April 2, 1991, deleted "and address" following "name" in the second sentence; substituted "or make his mark on the signature line" for "and write his address or, if he is unable to write, shall have his name and address written for him by the election clerk and initialed by the presiding judge" in the third sentence; and inserted "or mark" in the fourth sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 329.
29 C.J.S. Elections §§ 197, 205.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-10.1 - Conduct of elections; voting information.

A. The secretary of state shall provide voting information, which the county clerks shall display, in accordance with the federal Help America Vote Act of 2002, in each polling place and in each county clerk's office and at any location where voting is taking place.
B. The county clerk shall ensure that in each polling place there is posted the phone numbers of the county clerk and the secretary of state.
History:
Laws 2003, ch. 356, § 2; 2005, ch. 270, § 66; 2015, ch. 145, § 61.
ANNOTATIONS
Cross references.
— For the Help America Vote Act of 2002,
see
42 U.S.C. § 15301.
The 2015 amendment,
effective July 1, 2015, required the secretary of state to provide voting information to the county clerks, required the county clerks to ensure that in each polling place there is posted phone numbers of the county clerk and the secretary of state, and removed the requirement that a map of the precincts and a voter list be posted at each polling place; in the catchline, deleted "voter" and added "voting"; in Subsection A, after "state shall", deleted "issue rules describing the voter information" and added "provide voting information, which", after "in each polling place", deleted "on election day", after "county clerk's office and", deleted "alternate" and added "at any", and after "location where", deleted "absentee or early"; in Subsection B, added "The county clerk shall ensure that in", after "each polling place", deleted "shall post" and added "there is posted", after "secretary of state", deleted "and a map of the precincts represented in that polling place and an alphabetical list of the voters in each precinct represented in that polling place".
The 2005 amendment,
effective July 1, 2005, added Subsection B to provide that each polling place shall post a map of the precincts represented in that polling place and an alphabetical list of voters in each precinct.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-11 - Repealed.

History:
1953 Comp., § 3-12-14, enacted by Laws 1969, ch. 240, § 250; 1985, ch. 207, § 33; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-12-11 NMSA 1978, as enacted by Laws 1969, ch. 240, § 250, relating to conduct of elections and entries by precinct board, 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 12 - Conduct of Elections › Section 1-12-12 - Conduct of election; eligibility for assistance.

A voter may request assistance in voting only if the voter:
A. is blind;
B. is physically disabled;
C. is unable to read or write;
D. is a member of a language minority who has an inability to read well enough to exercise the elective franchise; or
E. requires assistance in operating the voting system provided for voting access for people with disabilities.
History:
1953 Comp., § 3-12-29, enacted by Laws 1969, ch. 240, § 265; 1977, ch. 124, § 8; 2005, ch. 270, § 67; 2019, ch. 212, § 111.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, revised the provision related to assistance in voting; and in Subsection E, after "system", added "provided for voting access for people with disabilities".
The 2005 amendment,
effective July 1, 2005, added Subsection E to provide that a voter may request assistance if the voter requires assistance in operating the voting system.
General election laws apply to municipal school board elections
unless the statutes provide otherwise. Therefore in a municipal school board election a voter who is in need of assistance is entitled to have one person of his own choice assist him in casting his vote. 1963 Op. Att'y Gen. No. 63-08 (rendered under former law).
Disabled voter may be accompanied in polling place.
— This section provides for assistance to electors who declare to the judges of election that they are unable to mark the ballot because of blindness, defective eyesight, other physical disability or because they cannot read either the English or Spanish language and any of these provisions prevent their marking the ballot. The elector may be accompanied in the polling place by the two poll clerks and one person of his own selection. 1961 Op. Att'y Gen. No. 61-132 (opinion rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 331 et seq.
29 C.J.S. Elections § 208.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-13 - Conduct of election; aid or assistance to voter in marking ballot.

A. When a voter who is eligible for assistance pursuant to Section 1-12-12 NMSA 1978 requires assistance in marking a ballot or using the voting system, the voter shall announce this fact before receiving the ballot or using the voting system.
B. The voter's request for assistance shall be noted by the voter's name in the signature roster and initialed by the presiding judge.
C. After noting the request for assistance in the signature roster, the voter shall be permitted assistance in marking the ballot or using the voting system as provided in Section 1-12-15 NMSA 1978.
D. Any person who swears falsely in order to secure assistance is guilty of a misdemeanor.
History:
1953 Comp., § 3-12-30, enacted by Laws 1969, ch. 240, § 266; 1987, ch. 249, § 28; 1989, ch. 259, § 1; 2007, ch. 337, § 13; 2015, ch. 145, § 62.
ANNOTATIONS
Cross references.
— For perjury,
see
30-25-1 NMSA 1978.
The 2015 amendment,
effective July 1, 2015, provided that a person who swears falsely in order to secure assistance in marking a ballot or using the voting system is guilty of a misdemeanor, such a person was previously guilty of perjury; and in Subsection D, after "guilty of", deleted "perjury" and added "a misdemeanor".
The 2007 amendment,
effective July 1, 2007, prescribed the procedure for voters to request assistance in using the voting system.
Vote to be that desired by assisted voter.
— It is the duty of all of the persons assisting such voter to be certain that the vote, on the ballot or machine, to be cast for each office, is the vote desired by such voter. 1966 Op. Att'y Gen. No. 66-51 (opinion rendered under former law).
Blind voter may be assisted in voting machine.
— For the purpose of this section a voting machine is a voting booth and, in compliance with that law, a voter who is blind or otherwise infirm may be assisted in a voting machine. This requires only the poll clerks of the party of the voter to do the assisting. 1956 Op. Att'y Gen. No. 56-6367 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 259, § 3 repealed 1-12-14 NMSA 1978, as enacted by Laws 1977, ch. 124, § 9, relating to oral translation of affidavit for language minorities, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-15 - Conduct of election; persons who may assist voter.

A. In any election, if a voter who has requested assistance in marking the ballot is blind, has a physical disability, has an inability to read or write or is a member of a language minority who has requested assistance pursuant to Subsection D of Section 1-12-12 NMSA 1978, the voter may be accompanied into the voting booth only by a person of the voter's own choice other than the voter's employer or an agent of that employer, an officer or agent of the voter's union or a candidate whose name appears on the ballot in this election.
B. The name of the person providing assistance to a voter pursuant to this section shall be recorded on the signature roster.
C. A person who provides assistance to a voter when the person knows the voter does not require assistance pursuant to Section 1-12-12 NMSA 1978 is guilty of a misdemeanor.
History:
1953 Comp., § 3-12-31, enacted by Laws 1969, ch. 240, § 267; 1977, ch. 124, § 10; 1979, ch. 139, § 1; 1981, ch. 149, § 3; 1983, ch. 232, § 14; 1987, ch. 249, § 29; 1989, ch. 259, § 2; 2005, ch. 270, § 68; 2015, ch. 145, § 63.
ANNOTATIONS
Cross references.
— For the election translator and oral assistance for language minority voters,
see
1-2-19 NMSA 1978.
The 2015 amendment,
effective July 1, 2015, provided that a person who provides assistance to a voter when the person knows the voter does not require assistance is guilty of a misdemeanor; in Subsection A, after "In any", deleted "primary, general or statewide special", after "accompanied into the voting", deleted "machine" and added "booth"; and added Subsection C.
The 2005 amendment,
effective July 1, 2005, added Subsection B to provide that the name of the person providing assistance shall be recorded on the signature roster.
Vote to be that desired by assisted voter.
— It is the duty of all of the persons assisting such voter to be certain that the vote, on the ballot or machine, to be cast for each office, is the vote desired by such voter. 1966 Op. Att'y Gen. No. 66-51.
Disabled voter may be accompanied in polling place.
— Section 1-12-12 NMSA 1978 provides for assistance to electors who declare to the judges of election that they are unable to mark the ballot because of blindness, defective eyesight, other physical disability or because they cannot read either the English or Spanish language and any of these provisions prevent their marking the ballot. The elector may be accompanied in the polling place by the two poll clerks and one person of his own selection. 1961 Op. Att'y Gen. No. 61-132.
Assistance while in voting machine.
— For the purpose of this section a voting machine is a voting booth and, in compliance with that law, a voter who is blind or otherwise infirm may be assisted in a voting machine. This requires only the poll clerks of the party of the voter to do the assisting. 1956 Op. Att'y Gen. No. 56-6367.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 331.
29 C.J.S. Elections § 208.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-16 - Conduct of election; type of assistance.

Persons providing assistance to a voter may assist the voter in reading and marking the ballot or using the voting system.
History:
1953 Comp., § 3-12-32, enacted by Laws 1969, ch. 240, § 268; 2007, ch. 337, § 14.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, permitted persons to provide assistance to a voter in reading and marking ballots or using the voting system.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 259, § 3 repealed 1-12-17 NMSA 1978, as enacted by Laws 1969, ch. 240, § 269, relating to return of affidavit, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-18 - Conduct of election; disclosure of vote.

An election official, a member of the precinct board [election board], a watcher or a challenger shall not disclose the name of any candidate for whom any voter has voted.
History:
1953 Comp., § 3-12-34, enacted by Laws 1969, ch. 240, § 270; 2009, ch. 251, § 12.
ANNOTATIONS
Bracketed 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 secrecy of ballot to be preserved,
see
N.M. Const., art. VII, § 1.
The 2009 amendment,
effective June 19, 2009, at the beginning of the sentence, added "An election official" and after "precinct board", added "a watcher or a challenger".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 328.
29 C.J.S. Elections § 201(2).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-19.1 - Recompiled.

History:
1978 Comp., § 1-12-19.1, enacted by Laws 1981, ch. 156, § 2; 1983, ch. 232, § 15; 1991, ch. 105, § 27; 2005, ch. 270, § 69; 2009, ch. 150, § 15; 2011, ch. 137, § 89; 2014, ch. 40, § 9; 2014, ch. 81, § 9; recompiled and amended as § 1-8 66 by Laws 2019, ch. 212, § 112.
ANNOTATIONS
Recompilations. —
Laws 2019, ch. 212, § 112 recompiled and amended former 1-12-19.1 NMSA 1978 as 1-8-66 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-20 - Conduct of election; interposing challenges.

A challenge may be interposed by a member of the precinct board [election board] or by a party challenger for the following reasons:
A. the person offering to vote is not registered to vote;
B. the person offering to vote is listed among those persons to whom an absentee ballot was mailed;
C. the person offering to vote has already cast a ballot in that election;
D. the person offering to vote is improperly registered because the person is not a qualified elector; or
E. in the case of a primary election, the person desiring to vote is not affiliated with a political party represented on the ballot.
History:
1953 Comp., § 3-12-37, enacted by Laws 1969, ch. 240, § 273; 1987, ch. 249, § 31; 2011, ch. 137, § 90.
ANNOTATIONS
Bracketed 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 definition of qualified elector,
see
1-1-4 NMSA 1978.
For provision that challenger may inspect registration book,
see
1-2-23 NMSA 1978.
For registration required,
see
1-4-1 NMSA 1978.
For cancellation of registration,
see
1-4-22 to 1-4-32 NMSA 1978.
For handling of and challenge of absentee ballots,
see
1-6-14 NMSA 1978.
For persons not permitted to vote,
see
1-12-7 NMSA 1978.
For provision that challenge may be interposed upon voter writing name in pollbook,
see
1-12-10 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, permitted a challenge if the person offering to vote has already voted in the election and eliminated a challenge on the ground that the outer envelope of an absentee ballot has been opened prior to the counting of ballots.
Challenger must have personal knowledge.
— A challenge under this section must come from the personal knowledge of the challenger because the voter is entitled to the prima facie evidence of the voter list that he is indeed a resident. 1975 Op. Att'y Gen. No. 75-27.
Election not wholly void though voters not registered.
— Under Laws 1868, ch. 26, § 1 (now repealed) and Laws 1903, ch. 64 (now repealed), an election held without appointment of board of registration and registration of voters, while irregular, was not wholly void, where voters participating in election presented affidavits required by law to judges of election along with their ballots.
State ex rel. Walker v. Bridges
, 1921-NMSC-041, 27 N.M. 169, 199 P. 370 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 329.
Legality of votes cast by persons otherwise qualified as affected by nonregistration, 101 A.L.R. 657.
29 C.J.S. Elections § 209.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-21 - Conduct of election; challenges; entries.

When a challenge is interposed, the judges or election clerks shall enter the word "CHALLENGED" under the notation headings in the signature rosters, along with the reason for the challenge, the time the challenge was made and the name and title of the person interposing the challenge.
History:
1953 Comp., § 3-12-38, enacted by Laws 1969, ch. 240, § 274; 1987, ch. 249, § 32; 2011, ch. 137, § 91.
ANNOTATIONS
The 2011 amendment,
required the reasons for a challenge, the time the challenge was made, and the name and title of the person making the challenge to be entered in the signature roster.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-22 - Conduct of election; challenges; disposition.

Challenges shall be handled as follows:
A. if the challenge is unanimously affirmed by the presiding judge and the two election judges, the person shall be furnished a provisional paper ballot. The election clerks shall enter such voter's name in the checklist of registered voters, and the voter shall sign the voter's name in the signature roster. The word "Affirmed" shall be written opposite such voter's name under the challenge notation in the signature roster and checklist of registered voters, together with the number of the ballot so furnished; or
B. if the challenge is not unanimously affirmed by the presiding judge and the two election judges, the voter shall be allowed to vote, and the election clerks shall enter the words "Not Affirmed" under the challenge notation after the voter's name in the signature roster and the checklist of registered voters.
History:
1953 Comp., § 3-12-39, enacted by Laws 1969, ch. 240, § 275; 1987, ch. 249, § 33; 1991, ch. 105, § 28; 2011, ch. 137, § 92.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, eliminated the requirements that the voter's name be announced, the challenged ballot be placed in an enveloped marked "Rejected", be placed in the ballot box, and not be counted, and required that the voter's name be entered in the checklist of registered voters together with the word "Affirmed".
The 1991 amendment,
effective April 2, 1991, substituted "the signature roster and the checklist of registered voters" for "both signature rosters" at the end of Subsection B and made minor stylistic changes in Subsection A.
Limited discretion of election judges.
— Territorial statutes gave election judges no discretion in the matter of counting or declaring ballots once received, though there was discretion at the moment a ballot was tendered.
Territory of New Mexico ex rel. Lester v. Suddith
, 1910-NMSC-068, 15 N.M. 728, 110 P. 1038.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Absentee voter, applicability of provisions of general election laws as to right to challenge, 132 A.L.R. 356.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-23 - Conduct of election; voting machines; instructions.

Before each voter receives a ballot, a member of the precinct board [election board] shall, so far as possible, instruct the voter on the voting process and call the voter's attention to the posted sample ballot. If any voter asks for further information before completing the voting process, the judges or election clerks shall provide appropriate information and assist the voter with the voting process.
History:
1953 Comp., § 3-12-41, enacted by Laws 1969, ch. 240, § 277; 1981, ch. 149, § 4; 2011, ch. 137, § 93.
ANNOTATIONS
Bracketed 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 assistance of voter,
see
1-12-12 to 1-12-16 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, required a member of the precinct board to instruct voters on the voting process when the voter receives a ballot and to assist voters upon request with the voting process.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 365.
29 C.J.S. Elections § 203.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-24 - Repealed.

History:
1953 Comp., § 3-12-42, enacted by Laws 1969, ch. 240, § 278; repealed by Laws 2009, ch. 150, § 37.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 150, § 37 repealed 1-12-24 NMSA 1978, as enacted by Laws 1969, ch. 240, § 278, relating to conduct of election, voting machines, inspection of face after vote, 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 12 - Conduct of Elections › Section 1-12-25 - Repealed.

History:
1953 Comp., § 3-12-43, enacted by Laws 1969, ch. 240, § 279; 1987, ch. 249, § 34; 1991, ch. 105, § 29; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-12-25 NMSA 1978, as enacted by Laws 1969, ch. 240, § 279, relating to entry into voting machines, 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 12 - Conduct of Elections › Section 1-12-25.1 - Procedures for voting on electronic vote tabulator systems.

A voter using an electronic vote tabulator system to vote shall:
A. receive a ballot issued by the precinct board [election board];
B. take the ballot to a voting booth and, with the writing utensil provided, mark it in accordance with the instructions for that ballot type; and
C. feed the ballot into the electronic vote tabulator to record the vote.
History:
1978 Comp., § 1-12-25.1, enacted by Laws 1991, ch. 105, § 30; 2009, ch. 150, § 16.
ANNOTATIONS
Bracketed 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.
The 2009 amendment,
effective June 19, 2009, at the beginning of the sentence, after "A voter", deleted "voting on a lever type machine" and added "using an electronic vote tabulator system to vote"; deleted former Paragraph (1) of Subsection A, which required a voter to enter the machine and push the red handle; deleted former Paragraph (2) of Subsection A, which required each voter to set the pointer under the candidate's name or question on which the voter desires to vote; deleted former Paragraph (3) of Subsection A, which required the voter to make all selections and pull the red handle to record the voter's vote; deleted former Subsection B, which provided for voting on a direct recording electronic machine; in former Subsection C, deleted "A voter voting on a marksense machine shall"; in Subsection B, after "with the", deleted "pencil" and added "writing utensil"; and after "mark it", deleted "by completing the arrow to the right of the candidate's name or question on which he desires to vote" and added the remainder of the sentence; and in Subsection C, after "ballot into the", deleted "machine" and added "electronic vote tabulator".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-25.2 - Conduct of election; provisional voting; information to voter; status of voter's ballot.

A. If a voter is required to vote on a provisional paper ballot, the presiding judge or election judge shall give the voter written instructions on how the voter may determine whether the vote was counted and, if the vote was not counted, the reason it was not counted.
B. The secretary of state shall provide a free access system, such as a toll-free telephone number or internet website, that a voter who casts a provisional paper ballot may access to ascertain whether the voter's ballot was counted and, if the vote was not counted, the reason it was not counted and how to appeal the decision pursuant to rules issued by the secretary of state. Access to information about an individual voter's provisional paper ballot through the free access system is restricted to the voter who cast the ballot.
C. Beginning with the closing of the polls on election day through the tenth day following the election, the county clerk shall notify by mail each person whose provisional paper ballot was not counted of the reason the ballot was not counted. The voter shall have until the Friday prior to the meeting of the state canvassing board to appeal to the county clerk a decision to reject the voter's ballot. At any time up to and including the appeal, the voter may provide information or documentation to satisfy the reason the ballot was rejected.
History:
Laws 2003, ch. 356, § 3; 2005, ch. 270, § 70; 2007, ch. 336, § 17; 2011, ch. 137, § 94; 2017, ch. 101, § 15; 2023, ch. 39, § 64.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided that a voter may provide documentation to satisfy a rejected ballot at any time up to and including the appeal; and in Subsection C, after "a decision to reject the voter's ballot", added "At any time up to and including the appeal, the voter may provide information or documentation to satisfy the reason the ballot was rejected."
The 2017 amendment,
effective June 16, 2017, removed the duty from the county clerk, and placed the duty on the secretary of state, to provide a free access system through which voters can ascertain whether their vote was counted; and, in Subsection B, deleted "county clerk" and added "secretary of state", and after "voter's provisional paper ballot", added "through the free access system".
The 2011 amendment,
effective July 1, 2011, included the presiding judge within the scope of this section.
The 2007 amendment,
effective April 2, 2007, required that the free access system inform voters how to appeal a decision that the voter's ballot was not counted.
The 2005 amendment,
effective July 1, 2005, added Subsection C to provide that the county clerk shall notify each person whose provisional ballot was not counted the reason the ballot was not counted, that the voter may appeal to the county clerk the decision to reject the ballot, and that the secretary of state shall establish procedure for appeals to the canvassing board.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-25.3 - Provisional paper ballots; required information.

A. At a minimum, the following information shall be printed on the outer envelope for a provisional paper ballot:
(1) the name and signature of the voter;
(2) the voter's registered address, both present and former if applicable;
(3) the voter's date of birth;
(4) the reason for using the ballot;
(5) the precinct and the polling place at which the voter has voted; and
(6) sufficient space to list the disposition of the ballot after review by the county clerk.
B. A provisional paper ballot shall not be rejected for lack of the information required by this section and shall be qualified as long as the voter provides a valid signature and sufficient information for the clerk to determine the voter is a qualified elector.
History:
Laws 2003, ch. 356, § 6; 2005, ch. 270, § 71; 2008, ch. 59, § 9.
ANNOTATIONS
The 2008 amendment,
effective May 14, 2008, in Subsection A, deleted the "voter's social security number".
The 2005 amendment,
effective July 1, 2005, provided in Subsection B that a provisional ballot shall be qualified if the voter provides a signature and information for the county clerk to determine the voter is a qualified elector.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-26 - Conduct of election; closing polls.

When the polls are closed, the precinct board [election board] shall proclaim that fact aloud at the place of election. After the proclamation no voter shall cast a vote. However, if at the hour of closing there are other voters in the polling place, or in line at the door, who are qualified to vote and have not been able to do so since appearing, the polls shall be kept open a sufficient time to enable them to vote. In the instructions to the precinct board [election board] the secretary of state shall specify procedures whereby the precinct board [election board] shall determine the identity of the last person in line at the time the polls closed.
History:
1953 Comp., § 3-12-45, enacted by Laws 1969, ch. 240, § 281; 1977, ch. 222, § 39.
ANNOTATIONS
Bracketed 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 hour of closing,
see
1-12-1 NMSA 1978.
No ballots to be received after 7:00 p.m. regardless of voter position.
— From and after 7:00 p.m. no ballots shall be received by the officials, irrespective of whether voting machines or the ordinary type of balloting is employed. Thus it makes no difference that the person is in line outside the polling place and has not announced his name to the poll clerk, or that a person is inside the polling place and has not yet announced his name to the poll clerk or that he has announced his name to the poll clerk but has not yet gone into the voting machine to vote. At 7:00 p.m. the machine should be locked where voting machines are used, and where ordinary balloting is employed the officials must not allow the deposit of any ballots in the ballot boxes after this time. 1956 Op. Att'y Gen. No. 56-6532 (opinion rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 319 et seq.
Violation of law as regards time for keeping polls open as affecting election results, 66 A.L.R. 1159.
Validity of public election as affected by fact that it was held at time other than fixed by law, 121 A.L.R. 987.
29 C.J.S. Elections § 198.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-27 - Conduct of election; arrival of voter after closing time.

Any person who arrives at the polling place after the time provided for closing the polls is not entitled to vote, even though the polls are open when he arrives.
History:
1953 Comp., § 3-12-46, enacted by Laws 1969, ch. 240, § 282.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-27.1 - Conduct of election; provisional paper ballots; use when polling hours extended; disposition.

A. If polling hours are extended by court order or any other order pursuant to a state law in effect at least ten days before the date of that election, during the extended hours, a voter shall vote only on a provisional paper ballot.
B. A provisional paper ballot cast pursuant to this section shall be separated and held apart from provisional paper ballots cast by those not affected by the order. The ballot shall be counted if:
(1) there is no legal challenge to the order extending polling hours within ten days of the election; or
(2) a legal challenge to the order extending polling hours is not sustained.
History:
Laws 2003, ch. 356, § 4.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 356, § 34 made Laws 2003, ch. 356, § 4 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-28 - Conduct of election; election certificate.

Immediately upon the closing of the polls, the precinct board [election board] shall complete and sign a certificate which shall state: "We certify the __________ election complete with the voting of voting machine number __________ by voter number __________ on the signature roster."
History:
1953 Comp., § 3-12-47, enacted by Laws 1969, ch. 240, § 283; 1981, ch. 149, § 5; 1987, ch. 249, § 35.
ANNOTATIONS
Bracketed 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.
Signing certificates deemed taking oath.
— When an election official signs the certificates required by this section such official is deemed to have taken the oath that he will and has faithfully discharged the duties of his office, and that this is the only oath that is required, namely, the signing of these certificates. 1956 Op. Att'y Gen. No. 56-6525 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-29 - Conduct of election; counting and tallying; who may be present.

Only the members of the precinct board [election board], candidates or their representatives, representatives of the news media and lawfully appointed challengers and watchers may be present while the votes are being counted and tallied. Only members of the precinct board [election board] shall handle ballots, signature rosters or tally sheets or take part in the counting and tallying.
History:
1953 Comp., § 3-12-51, enacted by Laws 1969, ch. 240, § 287; 1987, ch. 249, § 36.
ANNOTATIONS
Bracketed 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 challengers being present for counting and tallying,
see
1-2-23 NMSA 1978.
For watchers being present for counting and tallying,
see
1-2-29 NMSA 1978.
Giving news media voting results.
— Under former law, it was permissible to give the newspapers and radio media the voting results from the precincts or voting divisions at the close of the polls at 7:00 p.m. on election day. 1964 Op. Att'y Gen. No. 64-133.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 29 C.J.S. Elections § 225.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-29.1 - Qualifying provisional, absentee and other paper ballots.

A. The secretary of state shall issue rules to create a uniform process and set of criteria for deciding if provisional, absentee and other paper ballots shall be counted.
B. When qualifying provisional, absentee and other paper ballots, middle initials, suffixes and addresses shall not be dispositive as to whether that person's ballot is qualified and counted in the vote totals, provided that the county clerk can otherwise verify the person is a voter based on the information provided on the outer envelope of the paper ballot or affidavit.
History:
Laws 2005, ch. 270, § 61.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 270, § 81 made Laws 2005, ch. 270, § 61 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-30 - Conduct of election; disposition of signature roster, checklist of registered voters and machine-printed return reporting unofficial returns.

A. After all certificates have been executed, the presiding judge and the two election judges shall place the checklist of registered voters voting and one copy of the machine-printed returns in the stamped, addressed envelope provided for that purpose and immediately mail it to the secretary of state.
B. The signature roster, the machine-printed returns and the removable media storage device shall be returned to the county clerk. The signature roster, the machine-printed returns and the removable media storage device shall not be placed in the ballot box.
C. Signature rosters and machine-printed returns in the custody of the county clerk may be destroyed only pursuant to Section 1-12-69 NMSA 1978.
D. The county clerk shall report the unofficial total returns for the county to the secretary of state within ten hours after the polls close.
History:
1953 Comp., § 3-12-53, enacted by Laws 1969, ch. 240, § 289; 1977, ch. 222, § 40; 1987, ch. 327, § 15; 1991, ch. 105, § 31; 2011, ch. 137, § 95.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, prohibited the placing of removable media storage devices in the ballot box and permitted the destruction of signature rosters and machine-printed returns only pursuant to Section 1-12-69 NMSA 1978.
The 1991 amendment,
effective April 2, 1991, inserted "and the direct recording electronic cartridge for electronic and marksense machines" in two places in Subsection B and made related stylistic changes.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-30.1 - Voter lists; signature rosters; disposition after the polls close.

A. After the polls are closed, the signature roster shall be properly certified by the precinct board [election board] and returned to the county clerk with the election returns destined for the county clerk. The precinct voter list marked for the secretary of state shall be returned to the secretary of state with the election returns destined for the secretary of state.
B. The signed and certified signature rosters used in any election shall be considered a part of the election returns and treated accordingly. They shall be preserved and finally disposed of in the same manner as provided in the Election Code [Chapter 1 NMSA 1978] and 42 U.S.C. 1974.
C. Whoever willfully destroys, defaces, alters without authorization or improperly disposes of signature rosters used in an election is guilty of a fourth degree felony.
History:
1953 Comp., § 3-5-12, enacted by Laws 1969, ch. 240, § 113; 1987, ch. 327, § 5; amended and recompiled as 1-12-30.1 NMSA 1978 by Laws 2005, ch. 270, § 73.
ANNOTATIONS
Bracketed 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.
Recompilations.
— Laws 2005, ch. 270, § 73 recompiled former 1-5-11 NMSA 1978 as 1-12-30.1 NMSA 1978 effective July 1, 2005.
The 2005 amendment,
effective July 1, 2005, in Subsection A, changed "voter list" to "precinct voter list"; in Subsection B, deleted the former provision that the rosters shall be preserved and disposed of in the manner provided in the Election Code for poll books; in Subsection B, provided that the rosters shall be preserved and disposed of in the manner provided in the 42 U.S. C. 1974; and in Subsection C, deleted the former provision that the punishment for willful destruction, defacement, unauthorized alteration or improper disposition of the rosters shall be the same as for similar treatment of poll books, and provided that whoever willfully destroys, defaces, alters without authorization or improperly disposes of rosters is guilty of a fourth degree felony.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-33 - Conduct of election; office of county clerk to remain open.

The county clerk or some duly authorized deputy or assistant shall keep the office of the county clerk continuously open for twenty-four hours next after the closing of the polls for any primary, general or statewide special election. The office shall be kept open for the purpose of receiving the ballot boxes, election returns and materials. If all such items have been received from each precinct in the county before the expiration of the twenty-four hour period, the office of the county clerk may be closed except during regular office hours.
History:
1953 Comp., § 3-12-57, enacted by Laws 1969, ch. 240, § 293.
ANNOTATIONS
Clerk to keep office open in primary.
— The county clerk's office must be kept open continuously for 24 hours after closing of polls in a primary election. 1942 Op. Att'y Gen. No. 42-4154 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-34 - Conduct of election; copies of election return certificates.

Upon completion of the certificate of returns, the presiding judge shall deliver all returns to the county clerk on election night with the exception of the one legible copy from each voting machine posted on the outside of the entrance door to the polling place.
History:
1953 Comp., § 3-12-58, enacted by Laws 1969, ch. 240, § 294; 1991, ch. 105, § 33.
ANNOTATIONS
The 1991 amendment,
effective April 2, 1991, rewrote this section which read "Upon completion of the certificate of returns, the presiding judge shall deliver upon demand, one copy thereof to a representative of each political party present, bearing the precinct board signatures, the same as on the original. The presiding judge shall also post one signed copy of the certificate in the polling place. Certified copies of the certificate may be taken and used as evidence in all cases the same as the original certificate. The secretary of state shall supply printed forms of such additional certificates."
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 400.
29 C.J.S. Elections § 237(4).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-35 - Repealed.

History:
1953 Comp., § 3-12-59, enacted by Laws 1969, ch. 240, § 295; 1981, ch. 149, § 6; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-12-35 NMSA 1978, as enacted by Laws 1969, ch. 240, § 295, relating to closing polls and locking voting machines, 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 12 - Conduct of Elections › Section 1-12-36 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 149, § 10, repealed 1-12-36 NMSA 1978, as enacted by Laws 1973, ch. 358, § 1, relating to the procedure for opening voting machines, effective June 19, 1981.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-37 - Conduct of election; voting machines; verification of returns.

Two election officials of different parties shall verify that the counter settings registered on the machine-printed returns are legible. The machine-printed returns shall show the number of votes cast for each candidate and the number of votes cast for and against any constitutional amendment or other question submitted, and the return shall be signed by each member of the precinct board [election board] and two watchers of opposing interest, if there be such.
History:
1953 Comp., § 3-12-61.1, enacted by Laws 1973, ch. 358, § 2; 1977, ch. 222, § 43; 1981, ch. 149, § 7; 2011, ch. 137, § 97.
ANNOTATIONS
Bracketed 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.
The 2011 amendment,
effective July 1, 2011, eliminated the procedure for canvassing machine-printed returns that are not legible.
Law reviews. —
For note, "Why Gunaji v. Macias Matters to Candidates and Voters: Its Impact on New Mexico Election Law", see 33 N.M.L. Rev. 431 (2003).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-37.1 - Repealed.

History:
Laws 2002, ch. 51, § 1; 2009, ch. 150, § 18; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-12-37.1 NMSA 1978, as enacted by Laws 2002, ch. 51, § 1, relating to remedy for use of incorrect ballots, 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 12 - Conduct of Elections › Section 1-12-38 - Voting machines; printomatic voting machine; admittance of watchers and candidates; proclamation of results.

During the reading of the results of the votes cast, any candidate or watcher who desires to be present shall be admitted to the polling place. The proclamation of the result of the votes cast shall be distinctly announced by the presiding judge, who shall read the name of each candidate and the vote registered on the printed returns. The presiding judge shall also read the vote cast for and against each constitutional amendment or other question submitted. During the proclamation, ample opportunity shall be given to any person lawfully present to compare the result so proclaimed with the printed returns, and any necessary corrections shall then and there be made by the precinct board [election board].
History:
1953 Comp., § 3-12-62.1, enacted by Laws 1973, ch. 358, § 3.
ANNOTATIONS
Bracketed 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 permissible and impermissible activities of watchers,
see
1-2-29 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-39 - Conduct of election; voting machine; completion of locking procedures.

Before adjourning, the precinct board [election board] shall complete the locking procedures on the voting machine.
History:
1953 Comp., § 3-12-63, enacted by Laws 1969, ch. 240, § 299.
ANNOTATIONS
Bracketed 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.