reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-1 - Notice of election.

The county clerk shall, at least twenty-one days prior to a statewide election, give notice of the election.
History:
1953 Comp., § 3-11-1, enacted by Laws 1969, ch. 240, § 211; 2019, ch. 212, § 106.
ANNOTATIONS
Cross references.
— For notice of referendum election,
see
1-17-14 NMSA 1978.
For date for holding general elections,
see
N.M. Const., art. XX, § 6.
The 2019 amendment,
effective April 3, 2019, increased the amount of notice that the county clerk must give for a statewide election; and after "at least", deleted "twelve" and added "twenty-one", and after "prior to", deleted "any county or" and added "a".
Provisions directory.
— Former statute (Code 1915, § 1977) relating to notice of election was directory, and notice was sufficient though first insertion was made after statutory period had elapsed.
Board of Educ. v. Citizens' Nat'l Bank
, 1917-NMSC-059, 23 N.M. 205, 167 P. 715.
Constitutional amendments must be set forth in full in election proclamation
published by the board of county commissioners. 1955 Op. Att'y Gen. No. 55-6181 (opinion rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 289 et seq.
Injunction against holding of election, 70 A.L.R. 733.
Statutory provision as to manner and time of notice of special election as mandatory or directory, 119 A.L.R. 661.
Validity of public election as affected by fact that it was held at time other than that fixed by law, 121 A.L.R. 987.
Notice of election to fill vacancy in office at general election, 158 A.L.R. 1184.
29 C.J.S. Elections §§ 71 to 75.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-3 - Notice of election; publication; posting.

A. The notice of election shall be published at least once, not more than twenty-one nor less than seven days before election day.
B. The notice of election shall be published in a legal newspaper as provided in Section 14-11-2 NMSA 1978.
C. If no legal newspaper is published in the county, the notice of election shall be published in a legal newspaper of general circulation in the county.
D. The county clerk shall post the notice of election beginning no later than twenty days before the election. The county clerk shall also place on the county website the proclamation for the election or provide a link to the proclamation posted on the secretary of state's website.
E. The notice of election shall be printed in English and Spanish.
F. The notice of election shall be broadcast on a radio station in the appropriate Native American languages in those counties affected by the federal Voting Rights Act of 1965, as amended.
History:
1953 Comp., § 3-11-3, enacted by Laws 1969, ch. 240, § 213; 1977, ch. 124, § 6; 1991, ch. 105, § 20; 2019, ch. 212, § 108.
ANNOTATIONS
Cross references.
— For publication defined, see 1-1-14 NMSA 1978.
For posting defined,
see
1-1-15 NMSA 1978.
For the federal Voting Rights Act of 1965,
see
42 U.S.C. § 1973 et seq.
The 2019 amendment,
effective April 3, 2019, changed "proclamation" to "notice of election", and provided additional duties for the county clerk regarding posting notice of an election; replaced each occurrence of "proclamation" with "notice of election" throughout the section; and in Subsection D, deleted "A copy of the proclamation shall be posted in a public building" and added the remainder of the subsection.
The 1991 amendment,
effective April 2, 1991, substituted "14-11-2 NMSA 1978" for "10-2-2 NMSA 1953" in Subsection B; added "In a public building" at the end of Subsection D; and added Subsection F.
If no newspaper in county publishes in Spanish language,
or if there are not as many as four newspapers of general circulation in the state that will publish the notices in Spanish, it must be assumed that no legal newspaper is published in compliance with this requirement. Thus, the Spanish section should be published in every newspaper in the county which will publish in the Spanish language. In the event no newspaper is published or circulated in that county which will handle the Spanish publication, then the posting provision will be the only method by which the law can be complied with. 1956 Op. Att'y Gen. No. 56-6367 (opinion rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 293.
What is "public place" within requirements as to posting of notices, 90 A.L.R.2d 1210.
29 C.J.S. Elections § 74.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-4 - Notice of election; errors and omissions.

A. The county clerk may amend the notice of election between the time of its issuance and the day of election to provide for any corrections or to supply any omissions.
B. Upon petition of any voter that an error or omission has occurred in the notice of election, the district court may forthwith order the county clerk to correct the error or to supply the omission or immediately show cause why the error should not be corrected or the omission should not be supplied.
History:
1953 Comp., § 3-11-4, enacted by Laws 1969, ch. 240, § 214; 2019, ch. 212, § 109.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, replaced each occurrence of "proclamation" with "notice of election" throughout the section.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-4.1 - Voter notification.

A. At least forty-two days prior to each statewide election, the secretary of state, on behalf of each county clerk, shall mail a voter notification of the election. The voter notification shall include:
(1) the date and purpose of the election;
(2) an internet address where a voter may apply for a mailed ballot;
(3) a telephone number where a voter may call to request the paper form of the mailed ballot application;
(4) a list of the days and times and addresses of early voting locations and voter convenience centers where a voter may vote in person; and
(5) a list of the locations of monitored secured containers where a voter may return a mailed ballot.
B. At least forty-nine days prior to each special election, the county clerk shall mail a voter notification of the election. The voter notification shall include:
(1) the date and purpose of the election;
(2) notification that the election will be conducted by mail and that no polling places will be available for the special election;
(3) the deadline for voted mailed ballots to be received by the county clerk and the recommended deadline to deposit the voted mailed ballot with the United States postal service for return by mail, which shall be seven days before the election;
(4) the address and the telephone number of the county clerk's office for a voter requiring a replacement ballot or returning a mailed ballot; and
(5) a list of the monitored secured containers where a voter may return a mailed ballot.
C. The voter notification shall be sent to each voter, except the voter notification shall not be sent to a voter whose:
(1) election mail has been returned as undeliverable and who has not updated the voter's certificate of registration with a new address;
(2) ballot is delivered pursuant to the provisions of the Uniform Military and Overseas Voters Act [Chapter 1, Article 6B NMSA 1978];
(3) ballot is delivered pursuant to the provisions of the Intimate Partner Violence Survivor Suffrage Act [1-6C-1 to 1-6C-9 NMSA 1978]; or
(4) ballot, in a statewide election, is delivered pursuant to the provisions of Section 1-6-22.1 NMSA 1978.
History:
1978 Comp., § 1-11-4.1, enacted by Laws 2023, ch. 39, § 61.
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 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-5 - Voting device; preparation; certification.

A. Forty-two days before the election, the county clerk may begin to prepare, inspect, certify and seal electronic voting machines that are to be used in the election, and such preparation, inspection, certification and sealing shall continue until all machines are prepared, inspected, certified and sealed. The process of preparing, inspecting, certifying and sealing electronic voting machines shall be open to observation by the public.
B. The county clerk shall certify to the secretary of state and the county chair of each political party represented on the ballot the type and serial number of each voting machine to be used.
History:
1953 Comp., § 3-11-6, enacted by Laws 1969, ch. 240, § 215; 1981, ch. 137, § 1; 1985, ch. 207, § 24; 2011, ch. 137, § 74; 2023, ch. 39, § 62.
ANNOTATIONS
Cross references.
— For manner of preparing voting machine,
see
1-11-6 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, provided that the voting system certification process for electronic voting machines is open to the public, and required county clerks to certify to the secretary of state and the county chair of each political party represented on the ballot the type and serial number of each voting machine to be used; in Subsection A, after "certified and sealed", added "The process of preparing, inspecting, certifying and sealing electronic voting machines shall be open to observation by the public."; and added Subsection B.
The 2011 amendment,
effective July 1, 2011, required county clerks to certify electronic voting machines and to perform their duties under this section forty-two days before the election.
Clerk may seal machines anywhere after notifying required persons.
— The county clerk may reset or seal the machines at the courthouse or any place where the machines are stored or at the polling place so long as the required persons are present, or have been properly notified, when such resetting and sealing occurs. 1954 Op. Att'y Gen. No. 54-5958 (opinion rendered under former law).
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 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-6 - Voting machines; manner of preparing.

When preparing, inspecting and sealing voting machines, the county clerk shall:
A. certify to the secretary of state and the county chair of each political party participating in the election the type and serial number of each voting machine intended to be used in each polling location, by precinct number, where applicable;
B. prepare, in the presence of those persons entitled to be present, the electronic voting machines for the election as follows:
(1) all public, candidate and question counters shall be set at zero;
(2) each such counter shall be tested for accuracy by casting votes upon it until it correctly registers each vote cast;
(3) each such counter shall be reset at zero and the voting machine shall be immediately sealed with a numbered metal seal so as to prevent operation of the machine or its registering counters without breaking the seal; and
(4) on the certificate for that voting machine there shall be recorded:
(a) the number on the seal; and
(b) the reading shown on the protective counter; and
C. seal and retain the logic and accuracy test printout, known as the internal audit trail, until it may be disposed of pursuant to Section 1-12-69 NMSA 1978.
History:
1953 Comp., § 3-11-7, enacted by Laws 1969, ch. 240, § 216; 1985, ch. 207, § 25; 1989, ch. 392, § 21; 2011, ch. 137, § 75.
ANNOTATIONS
Cross references.
— For challengers, inspection of voting machines,
see
1-2-23 NMSA 1978.
For watchers, inspection of voting machines,
see
1-2-29 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, required county clerks to seal and retain the logic and accuracy test printout until it may be disposed of pursuant to Section 1-12-69 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-6.1 - Electronic voting machines; testing.

All programming of vote tabulating machines shall be tested under the supervision of the county clerk. The machines shall be programmed so that votes will be counted in accordance with the specifications for electronic voting machines.
History:
1978 Comp., § 1-11-6.1, enacted by Laws 1985, ch. 207, § 26; 1991, ch. 105, § 21; 2011, ch. 137, § 76.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, eliminated the requirement that county clerks test electronic voting machines ten days before the election and retain the logic and accuracy test printout; and eliminated the requirement that all counters be set at zero and sealed after they are tested.
The 1991 amendment,
effective April 2, 1991, in Subsection A, substituted "logic and accuracy test printout, known as the internal audit trail" for "test cards and results of the test" in the third sentence and "test ballots used in the marksense voting machines" for "test cards used in the electronic vote tabulating machines" in the fourth sentence.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-7 - Voting machine; certificate of preparation.

Immediately after each electronic voting machine has been prepared for the election, the county clerk shall prepare a written certificate, which shall be filed in the county clerk's office. A copy of the certificate shall be posted on the voting machine, and one copy shall be forwarded to the secretary of state. The certificate shall show the serial number for the voting machine, whether or not the machine has all of its public counters set at zero and whether or not the machine has been tested by voting on each public counter to prove the counter is in perfect condition. The certificate shall also show the number of the seal that has sealed the machine and the number registered on the public counter.
History:
1953 Comp., § 3-11-8, enacted by Laws 1969, ch. 240, § 217; 1981, ch. 137, § 2; 1985, ch. 207, § 27; 2011, ch. 137, § 77.
ANNOTATIONS
Cross references.
— For manner of preparing voting machine,
see
1-11-6 NMSA 1978.
For notice of sealing,
see
1-11-8 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, made stylistic changes.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-8 - Voting machines; notice of sealing.

A. At least three days before preparing any type of voting machine for an election, the county clerk shall send notice to the county chair of each political party having a candidate on the ballot in the election. The notice shall state the times when and places where the voting machines will be prepared.
B. Party and organization representatives, election observers and candidates may be present at the preparation, inspection and sealing of the voting machines to ensure compliance with the Election Code.
History:
1953 Comp., § 3-11-9, enacted by Laws 1969, ch. 240, § 218; 1985, ch. 207, § 28; 2011, ch. 137, § 78.
ANNOTATIONS
Cross references.
— For challengers examining machine seals,
see
1-2-23 NMSA 1978.
For watchers examining voting machines,
see
1-2-29 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, required county clerks to notify the county chair of each political party at least three days before the county clerk prepares a voting machine for an election.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-9 - Repealed.

History:
1953 Comp., § 3-11-10, enacted by Laws 1969, ch. 240, § 219; 1985, ch. 207, § 29; repealed by Laws 2011, ch. , § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-11-9 NMSA 1978, as enacted by Laws 1969, ch. 240, § 219, relating to voting machines and sealing of keys, 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 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-10 - Voting machines; objections to use.

Unless an objection to the use of a particular voting machine is filed in the district court within two days after it is prepared, inspected and sealed, the voting machine when certified to be correct by the county clerk shall be conclusively presumed to be properly prepared for the election. Any objection so filed shall specify the number of the voting machine objected to and the reason for the objection.
History:
1953 Comp., § 3-11-11, enacted by Laws 1969, ch. 240, § 220.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-11 - Election supplies; voting machines; delivery.

A. Voting machines shall be delivered to the assigned precinct polling place at least three days before the polls are required to be opened. The election supplies and the keys of voting machines shall be delivered to the presiding judge at least one hour before the polls are required to be opened.
B. The county clerk of any county shall certify to the secretary of state on forms provided by the secretary of state, that he has inspected each voting machine after delivery but before the date of the election and has found each machine to have been correctly labeled, that there has been no obvious external damage in delivery and that each machine has been delivered to the proper polling place in each precinct.
History:
1953 Comp., § 3-11-12, enacted by Laws 1969, ch. 240, § 221; 1977, ch. 222, § 32; 1989, ch. 392, § 22.
ANNOTATIONS
Cross references.
— For election supplies,
see
1-11-18 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-12 - Repealed.

History:
1953 Comp., § 3-11-13, enacted by Laws 1969, ch. 240, § 222; 1985, ch. 207, § 30; 1991, ch. 105, § 22; 1993, ch. 314, § 53; 1993, ch. 316, § 53; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-11-12 NMSA 1978, as enacted by Laws 1969, ch. 240, § 222, relating to certifying county register, 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 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-12.1 - Repealed.

History:
Laws 2005, ch. 270, § 9; 2007, ch. 336, § 14; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-11-12.1 NMSA 1978, as enacted by Laws 2005, ch. 270, § 9, relating to distribution of voter information, 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 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-12.2 - Monitored secured containers; distribution to counties.

A. Each county shall have at least two monitored secured containers; provided that, in consideration of geographic or security constraints existent in a county, a county clerk may request from the secretary of state a waiver from this requirement. The secretary of state may approve a request by a county clerk for additional monitored secured containers in a county.
B. In addition to the monitored secured containers provided pursuant to Subsection A of this section, a political subdivision of the state, including a municipality, school district or community college, may make a written request to the county clerk for one or more monitored secured containers on or near the boundaries of the political subdivision. A county clerk who receives a written request for monitored secured containers from a political subdivision shall evaluate the population in and near the area of the request, the distance voters have to travel to get to the nearest monitored secured container and the number of monitored secured containers and early voting locations on or near the area of the request. The county clerk shall respond in writing to the requesting political subdivision within thirty days of receiving the written request. A written request for monitored secured containers for future statewide elections may be made between the second Tuesday in March and the second Tuesday in April of any year.
C. A political subdivision whose written request to a county clerk for monitored secured containers is denied may appeal that decision by submitting the written request along with the denial letter from the county clerk to the secretary of state, along with any response to the denial letter from the requesting political subdivision. The secretary of state may place a monitored secured container on or near an area that is the subject of the request in response to an appeal submitted pursuant to this subsection.
D. A monitored secured container located on or near the boundaries of a political subdivision shall comply with all requirements for monitored secured containers provided in the Election Code. If a monitored secured container is provided pursuant to this section, the requesting political subdivision shall provide the facility and services necessary for the monitored secured container.
History:
1978 Comp., § 1-11-12.2, enacted by Laws 2023, ch. 84, § 11.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 84, § 25 made Laws 2023, ch. 84, § 11 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-13 - Index of voters.

Upon the written request of a qualified political party, a candidate, an election-related organization or an election observer, the secretary of state shall send to the requester an index of all voters and their addresses, their party affiliation, their precinct, their voter history, their unique identifier and their early or absentee voting status in any election currently underway. Each index shall be certified by the secretary of state as being an accurate listing of all voters in each requested county. The written request shall specify whether the information is to be received electronically or on paper, the electronic or physical delivery address, the time period during which the information is to be received, the frequency of receiving the information and the method of payment.
History:
1953 Comp., § 3-11-14, enacted by Laws 1969, ch. 240, § 223; 2011, ch. 137, § 79.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, rewrote this section to require the secretary of state to furnish an index of voters and registration information to political parties, candidates, election-related organizations and election observers upon request.
Certified copies of registration lists not part of return.
— Under former statute (1929 Comp. § 41-229), certified copies of registration lists filed with secretary of state were not part of "returns" required to be canvassed by state canvassing board (1929 Comp. § 41-347 et seq.).
Chavez v. Hockenhull
, 1934-NMSC-093, 39 N.M. 79, 39 P.2d 1027.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections § 109.
29 C.J.S. Elections §§ 47, 197.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-14 - Tally sheets and statements of canvass; preparation.

Prior to election day, the secretary of state shall cause to be printed in the tally sheets and statements of canvass, in the proper places and under the proper designations, the names of all candidates appearing on the official ballot. The secretary shall approve a county's use of computer-based tally sheets upon recommendation of the voting system certification committee if the county submits the software program to be used for tallying to the secretary of state at least ninety days prior to the election and the voting system certification committee determines that the program is acceptable for the proposed use.
History:
1953 Comp., § 3-11-15, enacted by Laws 1969, ch. 240, § 224; 1981, ch. 137, § 3; 2003, ch. 226, § 1; 2011, ch. 137, § 80.
ANNOTATIONS
Cross references.
— For form for tally sheets,
see
1-11-15 NMSA 1978.
For tally books in emergency situations,
see
1-12-66 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, permitted the use of computer-based tally sheets upon recommendation of the voting system certification committee.
The 2003 amendment,
effective June 20, 2003, added the last sentence.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-15 - Signature rosters; checklist of registered voters; tally sheets; form.

Signature rosters, checklists of registered voters and tally sheets shall be in the form prescribed by the secretary of state.
History:
1953 Comp., § 3-11-17, enacted by Laws 1969, ch. 240, § 226; 1977, ch. 222, § 33; 1981, ch. 137, § 4; 1985, ch. 207, § 31; 1991, ch. 105, § 23.
ANNOTATIONS
Cross references.
— For preparation of tally sheets,
see
1-11-14 NMSA 1978.
For tally sheets in emergency situations,
see
1-12-66 NMSA 1978.
The 1991 amendment,
effective April 2, 1991, inserted references to "checklist of registered voters" in the section heading and in the text.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-16 - Signature roster certificates; checklist of registered voter's certificates; precinct board [election board] member's oath.

The secretary of state shall prescribe the form of the signature roster certificates, checklist of registered voter's certificates and the precinct board [election board] member's oath.
History:
1953 Comp., § 3-11-19, enacted by Laws 1969, ch. 240, § 228; 1971, ch. 317, § 19; 1981, ch. 137, § 5; 1985, ch. 207, § 32; 1991, ch. 105, § 24.
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 1991 amendment,
effective April 2, 1991, inserted "checklist of registered voter's certificates" in the section heading and in the text of the section.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 105, § 44 repealed 1-11-17 NMSA 1978, as enacted by Laws 1977, ch. 124, § 7, relating to affidavits for assistance, form, effective April 2, 1991. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 11 - Notices, Preparation for Elections and Election Supplies › Section 1-11-18 - Election supplies.

The secretary of state shall prescribe the types and number of election supplies to be used in the precincts.
History:
1953 Comp., § 3-11-27.1, enacted by Laws 1977, ch. 222, § 34.
ANNOTATIONS
Rubber stamps for write-in candidate not necessary supplies.
— Under the former statutory provision calling for necessary election supplies to be delivered to each polling place, rubber stamps bearing a write-in candidate's name were not necessary election supplies, nor was a county clerk authorized to affix the stamps to a voting machine. 1964 Op. Att'y Gen. No. 64-131.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-1 - Conduct of election; opening and closing of polls.

Polls shall be opened at 7:00 a.m. on the date required by law for the election and shall be closed at 7:00 p.m. on the same day.
History:
1953 Comp., § 3-12-1, enacted by Laws 1969, ch. 240, § 237; 1985, ch. 205, § 1; 1987, ch. 226, § 2.
ANNOTATIONS
Cross references.
— For right of challengers and watchers to be present,
see
1-2-23 and 1-2-29 NMSA 1978.
For proclaiming closing of polls,
see
1-12-26 NMSA 1978.
For allowing employees time off to vote,
see
1-12-42 NMSA 1978.
For provision prohibiting local or special laws regarding opening or conducting any election or designating voting place,
see
N.M. Const., art. IV, § 24.
Mere irregularity in manner of conducting an election, in absence of fraud or evidence of a change in result, did not necessarily destroy validity of election, nor probative force of ballots as evidence.
Gallegos v. Miera
, 1923-NMSC-018, 28 N.M. 565, 215 P. 968.
Effect of mere irregularities.
— Elections conducted fairly and honestly will not be set aside for mere irregularity in the appointment of election officers or in conduct of the election where no fraud or illegal voting is shown.
Carabajal v. Lucero
, 1916-NMSC-045, 22 N.M. 30, 158 P. 1088.
No ballots 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.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 103.
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 1-12-2 - Conduct of election; precinct board [election board] attendance.

Precinct board [Election board] members, excepting those members scheduled to work only the second shift, shall present themselves at the polling place not later than 6:00 a.m. on the date required by law for the election.
History:
1953 Comp., § 3-12-2, enacted by laws 1969, ch. 240, § 238; 1977, ch. 222, § 35; 1985, ch. 205, § 2; 1999, ch. 236, § 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.
The 1999 amendment,
effective June 18, 1999, inserted "excepting those members scheduled to work only the second shift".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 325.
29 C.J.S. Elections § 192.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-2.1 - Precinct board [Election board] work shift option.

A. The county clerk may choose to schedule precinct board [election board] members into two work shifts on election day and also may determine the length of each shift for each precinct board [election board] member so long as the first shift begins at least one hour before the polls open.
B. If the county clerk chooses to schedule precinct board [election board] members in shifts, the presiding judge on each precinct board [election board] shall be scheduled to work both shifts that day.
C. The county clerk shall notify the secretary of state of all precincts that will be following a two-shift schedule when the county clerk submits the list of precinct board [election board] appointments in accordance with Section 1-2-14 NMSA 1978.
History:
Laws 1999, ch. 236, § 1; 2011, ch. 137, § 81.
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, made stylistic changes.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-3 - Conduct of election; precinct board [election board] duties.

The secretary of state shall prescribe the duties of the precinct board [election board], including duties that, during the conduct of the election, the presiding judge may reassign between judges and election clerks. Copies of such duties shall be furnished to each county clerk, and the clerk shall distribute them to each precinct.
History:
1953 Comp., § 3-12-3.1, enacted by Laws 1977, ch. 222, § 36; 2011, ch. 137, § 82.
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 secretary of state providing instructions for precinct board,
see
1-2-4 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, authorized the secretary of state to prescribe duties and permitted presiding judges to reassign the duties during the election to judges and election clerks.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections §§ 325, 365.
29 C.J.S. Elections § 192.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-4 - Conduct of election; maintenance of order.

A. The presiding judge and the election judges shall maintain order within the polling place.
B. Crowding or confusion shall not be permitted in the polling place.
C. Admittance of voters to the polling place shall be controlled and limited to prevent crowding or rushing the precinct board [election board] in the performance of its duties.
D. The presiding judge or any election judge may call upon any peace officer to assist in the maintenance of order in the polling place. When so requested, the peace officer shall render assistance.
E. The presiding judge or any election judge may designate any peace officer to assist in the conduct of the election by standing outside the polling place entrance and controlling the admission of voters to the polling place.
History:
1953 Comp., § 3-12-7, enacted by Laws 1969, ch. 240, § 243; 1981, ch. 149, § 1.
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 offenses and penalties,
see
1-20-1 NMSA 1978 et seq.
For obstructing polling place,
see
1-20-17 NMSA 1978.
For disturbing polling place,
see
1-20-20 NMSA 1978.
Mandatory nature of statute.
— This section does not require that law enforcement officers called to assist in establishing order in a polling place conduct an independent investigation of the premises or personally witness the polling place in disorder. The statute merely states that when called, an officer "shall render assistance". It is reasonably related to New Mexico's interests in protecting voters from intimidation at the polls and from preventing disruptions that might undermine the integrity of state elections. The statute is viewpoint neutral, and does not depend on the nature of or the reason for the disruption a particular citizen's presence at the polling place might cause.
Ramos v. Carbajal
, 508 F. Supp. 2d 905 (10th Cir. 2007).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-4.1 - Conduct of elections; suspension of certain voter identification requirements.

If on election day the amount of time voters must spend in line before being able to vote in the precinct exceeds forty-five minutes, the presiding judge of the precinct shall suspend all physical forms of voter identification requirements other than those mandated by federal law; provided, however, that at the request of two or more precinct board [election board] members of different political parties, a voter shall still present the required physical form of identification, and in the case of a voter who does not provide the required name, birth year and unique identifier, the voter shall still be required to present the required physical form of identification.
History:
Laws 2005, ch. 270, § 59.
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.
Effective dates.
— Laws 2005, ch. 270, § 81 made Laws 2005, ch. 270, § 59 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-5 - Conduct of election; state police; other peace officers.

A. Any member of the state police or other peace officer may enter a polling place upon request for the purpose of observing the conduct of the election.
B. No member of the state police or other peace officer shall interfere in any way with a member of the precinct board [election board, a voter or the conduct of the election, except to assist in maintaining order and orderly control of access when requested by the presiding judge or an election judge.
C. Any member of the state police or other peace officer violating Subsection B of this section is guilty of a petty misdemeanor and in addition to any other penalty provided by law shall be subject to dismissal and is ineligible for reinstatement.
History:
1953 Comp., § 3-12-8, enacted by Laws 1969, ch. 240, § 244; 1981, ch. 149, § 2.
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 impounding of ballots by state police not to interrupt course of election,
see
1-14-10 NMSA 1978.
For offenses and penalties,
see
1-20-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 29 C.J.S. Elections § 200.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-6 - Conduct of election; memoranda of actions or omissions.

Any member of the precinct board [election board] may in the polling place make written memoranda and preserve them for future reference. The memoranda may concern any action or omission on the part of any person charged with a duty under the Election Code [Chapter 1 NMSA 1978].
History:
1953 Comp., § 3-12-9, enacted by Laws 1969, ch. 240, § 245.
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 and watchers making memoranda,
see
1-2-23 and 1-2-29 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-7.3 - Signature rosters and checklists of voters; contents.

A. The signature roster and checklist of voters for any precinct shall contain for each voter, as shown in the county register, the voter's:
(1) name;
(2) gender;
(3) place of residence;
(4) year of birth;
(5) party affiliation, if any; and
(6) precinct of residence.
B. In addition, the names on each signature roster and checklist of voters shall be numbered consecutively beginning with the number "1".
C. On each page of each signature roster and each checklist of voters there shall be printed the page number and the date and name of the election for which they are to be used.
History:
1953 Comp., § 3-5-7, enacted by Laws 1969, ch. 240, § 109; 1975, ch. 255, § 66; 1985, ch. 77, § 2; 1993, ch. 363, § 2; 2005, ch. 270, § 27; 2008, ch. 59, § 3; 1978 Comp., § 1-5-7 recompiled as § 1-12-7.3 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-5-7 NMSA 1978 as 1-12-7.3 NMSA 1978 effective July 1, 2011.
The 2008 amendment,
effective May 14, 2008, deleted "precinct voter lists", added "checklist of voters" and deleted the requirement that the signature roster and checklist of voters contain the last four digits of the voter's social security number.
The 2005 amendment,
effective July 1, 2005, changed "voter list" to "precinct voter list"; added Subsection A(4) to provide that the precinct voter lists and signature rosters shall contain the last four digits of the voter's social security number; and deleted former Subsection D, which related to the dissemination of voter telephone numbers.
The 1993 amendment,
effective June 18, 1993, added Subsection D.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections § 109.
29 C.J.S. Elections § 47.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-7.4 - Signature roster; checklist of voters; voter list; number; distribution.

A. The county clerk shall prepare and certify the accuracy of one signature roster and one checklist of voters for each precinct. The county clerk shall deliver such roster and checklist to each precinct board [election board]. The voter shall sign the signature roster before receiving a ballot. The precinct board [election board] member shall mark the checklist of voters to verify the voters on the list who have voted.
B. The county clerk shall prepare an alphabetical listing of voters in each precinct, which will be delivered to each precinct board [election board] and posted inside the polling place for public use.
C. After the polls have closed, the presiding judge shall deliver the signed signature roster to the county clerk and mail the checklist of voters to the secretary of state.
History:
1953 Comp., § 3-5-8, enacted by Laws 1969, ch. 240, § 110; 1975, ch. 255, § 67; 1977, ch. 222, § 9; 1987, ch. 249, § 15; 1987, ch. 327, § 3; 1993, ch. 314, § 36; 1993, ch. 316, § 36; 1995, ch. 166, § 2; 2005, ch. 270, § 28; 2007, ch. 337, § 8; 2008, ch. 59, § 4; 1978 Comp., § 1-5-8 recompiled as § 1-12-7.4 by Laws 2011, ch. 137, § 109.
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 2011, ch. 137, § 109 recompiled former 1-5-8 NMSA 1978 as 1-12-7.4 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-8.1 - Conduct of election; use of voter's receipt of certificate of registration; procedures.

If a voter whose name is not in the signature roster presents the voter's receipt of the voter's certificate of registration, the voter shall be allowed to vote on a provisional paper ballot in the proper precinct in accordance with the provisions of Section 1-12-7.1 NMSA 1978. The judge or election clerk shall inform the voter that the voter will be notified by the county clerk to provide a copy of the receipt of the certificate of registration to the county clerk if the original certificate is not located. A note shall be entered on the signature roster indicating that the voter's certificate of registration should be checked by the county clerk. For the purposes of investigation or prosecution, the county clerk shall provide the district attorney and the secretary of state with the person's name and address and the corresponding receipt number of the person's certificate of registration for each person whose certificate of registration is not located.
History:
Laws 2005, ch. 270, § 62; 2007, ch. 336, § 15; 2011, ch. 137, § 86.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, required election clerks to inform the voter that the voter will be notified if the original certificate is not located.
The 2007 amendment,
effective April 2, 2007, provided that for purposes of investigation or prosecution, the county clerk shall provide the district attorney and the secretary of state with the person's name and address and the receipt number of the person's certificate of registration of each person whose certificate of registration is not located.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-8.2 - Conduct of election; election day delivery of absentee ballot by voter; procedures.

A. A voter who requested and received an absentee ballot shall be allowed to deliver the official mailing envelope containing the voter's absentee ballot on election day to any polling location in the county in which the voter is registered if the voter presents the official mailing envelope to the presiding judge before the polls close on election day.
B. The judge shall note that the voter delivered the absentee ballot in person on election day. The official mailing envelope shall not be opened but shall be placed in an envelope provided for delivery to the county clerk. The precinct board [election board] shall deliver the unopened official mailing envelopes to the county clerk before midnight on election day.
C. If the unopened official mailing envelope is received by the county clerk from a precinct board [election board] before the absent voter precinct board [election board] has adjourned, it shall be logged and transmitted to the absent voter precinct board [election board] to be tallied immediately. If the unopened mailing envelope is received by the county clerk from a precinct board [election board] after the absent voter precinct board [election board] has adjourned, it shall be logged and transmitted to the county canvassing board to be tallied and included in the canvass of that county for the appropriate precinct.
History:
Laws 2005, ch. 270, § 60; 2007, ch. 336, § 16; 2011, ch. 137, § 87.
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, permitted voters to return absentee ballots to any polling place in the county; provided that official mailing envelopes for absentee ballots that are delivered to a judge shall be delivered to the county clerk unopened; and provided for the processing of absentee ballots by the county clerk.
The 2007 amendment,
effective April 2, 2007, provided that the precinct board shall deliver unopened envelopes to the county clerk.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 12 - Conduct of Elections › Section 1-12-9 - Recompiled.

History:
1953 Comp., § 3-12-12, enacted by Laws 1969, ch. 240, § 248; 1978 Comp., § 1-12-9 recompiled as § 1-20-8.1 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-12-9 NMSA 1978 as 1-20-8.1 NMSA 1978 effective July 1, 2011.