New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 12 - ABSENTEE VOTING › Section 1.10.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Absentee"
means the ability of the voter to receive, mark and
				return a ballot at a place and time other than a polling location on the day of
				the election.
B.
"Absentee
				ballot register"
means a listing kept by the county clerk for each
				election with the information specified in the Election Code, Section
				1-6-6 NMSA 1978.
C.
"Adjudicate"
means a decision
				made by an election board, in accordance with the Election Code, of a ballot
				signifying a voter's intent to mark their selection for a candidate contest or
				ballot question.
D.
"Alternate voting location"
means a location outside the office of
				the county clerk, established by the county clerk, where a voter may cast an
				early in person ballot on voting tabulator pursuant to Section
				1-6-5.7 of the Election Code. This
				includes mobile alternate voting locations.
E.
"Application"
means a mailed
				ballot application, prescribed by the secretary of state pursuant to the
				Election Code, Section
				1-6-4 NMSA 1978.
F.
"Ballot markers"
means the
				grid pattern around the voting response area on the ballot face used by the
				voting tabulator to distinguish the ballot style and voter's selection of
				alternatives allowed in any candidate contest or ballot question to record,
				count and produce a tabulation of votes cast.
G.
"Blank ballot"
means a paper
				ballot on which the voter has not selected any of the alternatives allowed in
				any candidate contest or ballot question.
H.
"Challenger"
means a voter of
				a precinct located in that county to which the voter is appointed in
				conformance with the Election Code, Section
				1-2-21 to
				1-2-22 NMSA 1978 for the purpose of
				carrying out such duties as prescribed in the Election Code, Section
				1-2-23 to
				1-2-26 NMSA 1978.
I.
"County canvassing board"
means the board of county commissioners in each county or the board of
				registration if designated by the board of county commissioners pursuant to
				Section 1-13-1 NMSA 1978, convened for the
				purposes of conducting the county canvass.
J.
"Early voter"
means a voter
				who votes in person before election day, and not by mail.
K.
"Early voting daily report"
means a physical form, or its digital equivalent, used to certify the daily
				early voting activity at the office of the county clerk, alternate voting
				location and mobile alternate voting location; the form shall be prescribed by
				the office of the secretary of state to be completed and filed daily during
				early voting, consisting of the voting tabulator serial number, beginning
				public counter number, ending public counter number, total number of ballots
				cast early per tabulator and those to be hand tallied.
L.
"Electronically transmitted
				ballot"
means a ballot provided through an electronic transmission
				system to federal qualified electors pursuant to Section
				1-6B-7 NMSA 1978 or to blind or
				visually impaired voters as provided in Section
				1-9-7.1 NMSA 1978.
M.
"Inner envelope"
means the
				official envelope, prescribed by the secretary of state, given to the voter
				along with an absentee or provisional ballot into which the voter places the
				ballot after it is voted and which is used to preserve the secrecy of the
				voter's ballot.
N.
"Mailed
				ballot"
means a ballot that is sent to a voter pursuant to the
				provisions of the Election Code and does not include a ballot that is provided
				to a voter an early voting location.
O.
"Official transmittal
				envelope"
means the official envelope used by the county clerk to send
				mailed ballot materials, to include the inner and outer envelopes.
P.
"Outer envelope"
means the
				official envelope, prescribed by the secretary of state, which has information
				that will identify the voter and contains a sworn affidavit, into which the
				voter places the inner envelope, containing a mailed ballot.
Q.
"Overvoted ballot"
means a
				ballot on which the voter has selected more than the number of candidates to be
				elected for that contest, or in both the affirmative and negative on a ballot
				question.
R.
"Provisional
				ballot envelope"
means the official envelope, prescribed by the
				secretary of state, which has information that will identify the provisional
				voter, purpose the provisional ballot was issued and contains a sworn affidavit
				and a blank voter registration certificate, into which the provisional voter
				places the inner envelope.
S.
"Replacement ballot"
means:
(1) a
				ballot that is processed as a provisional ballot, provided to a voter whose
				name appears on the absentee ballot register or signature roster as having been
				issued a mailed ballot and who has affirmed that the mailed ballot was not
				received or voted on pursuant to the Election Code, Section
				1-6-16 NMSA 1978. The ballot shall
				be placed in a provisional ballot envelope prescribed by the secretary of state
				and processed within the timeframe specified in the Election Code, Section
				1-6-16 NMSA 1978; or
(2) a ballot issued at the office of the
				county clerk, an alternate voting location, a mobile alternate voting location,
				or at a polling location on election day, to be filled out and fed by the voter
				into the electronic voter tabulator if that voter affirms that their mailed
				ballot was not voted and returned.