Chapter 1, Chapter 1

A. The secretary of state shall prescribe the paper form and ensure that the certificate of registration to be used in any county is compatible with the data processing systems. The secretary of state shall also prescribe the form produced by an online or electronic voter registr…

A. The county clerk or secretary of state shall furnish voter data, mailing labels or special voter lists only upon written request to the county clerk or the secretary of state and after compliance with the requirements of this section; provided, however, all requesters shall be…

voter lists; penalties. A. Unlawful use of voter data, mailing labels or special voter lists consists of: (1) the knowing and willful selling, loaning, providing access to or otherwise surrendering of voter data, mailing labels or special voter lists by a person for purposes proh…

A. Notwithstanding the provisions of Section 1-4-8 NMSA 1978 providing for the closing of registration prior to an election, a qualified elector seeking to register to vote or update an existing certificate of registration in the state shall be allowed to do so at a voting locati…

The secretary of state, county clerk or any other registration agent shall not release to the public a voter's social security number or a voter's month and day of birth, and no person shall release to the public or share that information with someone other than a registration of…

A qualified elector who is temporarily out of his county of residence or out of New Mexico, may, upon request to the county clerk of his county of residence, obtain the prescribed certificate of registration form. After the certificate of registration has been subscribed, the qua…

registration; late registration. Except for qualified electors who register to vote or update a certificate of registration at a voting location prior to voting pursuant to Section 1-4-5.7 NMSA 1978, for qualified electors seeking to register to vote or update an existing voter r…

The county clerk shall initiate nonpartisan measures to urge and facilitate registration of language minority voters and other voters. History: 1953 Comp., § 3-4-8.1, enacted by Laws 1977, ch. 124, § 3.

Chapter 1, Article 5 NMSA 1978 may be cited as the "Voter Records System Act". History: 1953 Comp., § 3-5-1, enacted by Laws 1969, ch. 240, § 103; 1975, ch. 255, § 62; 2005, ch. 270, § 23; 2015, ch. 145, § 21.

A. At least once a month, the secretary of state shall have made from the state voter file a file maintenance report of additions, deletions and changes, if any, to each of the county registers. The file maintenance report shall indicate whether each entry listed is an addition, …

A. All voter files shall be stored to safeguard them from loss, damage or unauthorized alteration. B. All duplicate voter files shall be stored in a fireproof safe or vault located at a place remote from, and which is considered a separate damage risk from, the place of storage o…

protection. A. Voter registration system software and instructions for its use in controlling the processing of information derived from the voter file shall be verified functionally, identified and approved by the secretary of state. B. Verified, identified and approved voter re…

A. The secretary of state shall provide to the county clerk means for the preparation of voter lists and signature rosters. B. At least one compatible duplicate means shall be provided for on a standby basis, and it shall be capable of performing the preparation of voter lists an…

As used in the Election Code [Chapter 1 NMSA 1978]: A. "county" means any county in this state; B. "county register" means an official file of original certificates of registration of the county or any of its precincts; C. "county voter list" means a voter list arranged in alphab…

voter file and program records. A. The designated data processor shall provide the secretary of state, county clerk or county with data processing services in the implementation and maintenance of the Voter Records System Act and in carrying out such other services as are reasona…

A. Unlawful disposition of voter file consists of the willful selling, loaning, providing access to or otherwise surrendering of the voter file, duplicates of the file or a part of the file by a data processor; a data processor's agent or employee; a state or county officer; or a…

files, file maintenance lists, voter registration system software and instructions or voter lists; penalty. A. Unlawful destruction or alteration of data recording media, voter files, file maintenance lists, voter registration system software and instructions or voter lists consi…

The secretary of state shall enter into a written contractual agreement with the data processor notwithstanding the fact that the data processor may be a department of state government. History: 1953 Comp., § 3-5-31, enacted by Laws 1975, ch. 255, § 80; 2005, ch. 270, § 37.

A. The Voter Records System Act is mandatory and supplemental to the provisions of the Election Code [Chapter 1 NMSA 1978]. The provisions of that act shall be implemented in all counties by order of the secretary of state in accordance with the provisions of the federal Help Ame…

system. A. The secretary of state shall develop, implement, establish and supervise a voter registration electronic management system that complies with the federal Help America Vote Act of 2002 to facilitate voter registration and to provide a central database containing voter r…

The secretary of state shall: A. assist county clerks by devising uniform procedures and forms that are compatible with the voter registration electronic management system; B. provide to each county clerk the computer software necessary for the use and maintenance of the voter re…

The board of county commissioners shall direct the county clerk to establish a county register. The county register shall be filed in fire-resistant containers in the county courthouse. The files containing the county register shall be arranged to provide ready and convenient acc…

maintenance. A. The county clerk, upon receipt of a proper certificate of registration within the period prescribed for registration, shall immediately enter in the proper spaces thereon the precinct of the voter. B. All information required shall then be entered into the voter f…

book alternative. A. The county clerk shall provide for preparation of precinct voter lists and signature rosters generated from the official state voter file for any precincts or an electronic poll book alternative approved by the voting system certification committee and certif…

Chapter 1, Article 6 NMSA 1978 may be cited as the "Absent Voter Act". History: 1953 Comp., § 3-6-1, enacted by Laws 1969, ch. 240, § 127; 2018, ch. 79, § 6.

As used in the Absent Voter Act: A. "absentee" means the ability of a voter to receive, fill out and return a ballot at a place and time other than a polling location on the day of the election; B. "early voting location" means the office of the county clerk, an alternate voting …

A. Completed official mailing envelopes that are received at the county clerk's office or a polling place or that are retrieved from the post office or a monitored secured container shall be accepted until 7:00 p.m. on election day. A completed official mailing envelope received …

A. A voter, caregiver to that voter or member of that voter's immediate family or household may deliver that voter's absentee ballot to the county clerk in person or by mail; provided that the voter has subscribed the official mailing envelope of the absentee ballot. B. As used i…

A. Beginning on the Thursday immediately preceding election day, the county clerk may deliver to the special deputy county clerk for delivery to the absent voter precinct board [election board] the absentee ballots received prior to the delivery day. The special deputy county cle…

A. An absent voter election board may convene as provided in this section to process the official mailing envelopes that have been returned. Before opening an official mailing envelope, the presiding judge and the election judges shall determine that the county clerk has verified…

If voting machines are not used to register absentee ballots, the absentee ballots shall be canvassed, recounted and disposed of in the manner provided by the Election Code [Chapter 1 NMSA 1978] for the canvassing, recounting and disposition of paper ballots. If voting machines a…

A. A voter who has applied for a mailed ballot or who has been sent a mailed ballot may execute an affidavit stating that the person did not and will not vote the mailed ballot that was issued. Upon receipt of the sworn affidavit, if the ballot register does not show that a ballo…

emergency procedure for voting and counting. A. A voter who applies for a mailed ballot or who was sent a mailed ballot pursuant to Section 1-6-22.1 NMSA 1978 but whose voted ballot has not been received by the county clerk as of the date of the election may go to a voter conveni…

A. After the close of the period for requesting a mailed ballot, any voter who is unable to go to the polls due to unforeseen illness or disability resulting in the voter's confinement in a hospital, sanatorium, nursing home or residence and who is unable to vote in person may re…

A. The board of county commissioners shall adopt a resolution creating, for absent voting purposes only, an absent voter precinct for each county. B. Absent voter precincts shall be identified by the name of the county. History: 1953 Comp., § 3-6-20, enacted by Laws 1969, ch. 54,…

The board of county commissioners of each county shall designate a polling place in each absent voter precinct at the time the precinct is created. History: 1953 Comp., § 3-6-21, enacted by Laws 1969, ch. 54, § 4; 1975, ch. 255, § 94; 2005, ch. 270, § 53.

place. A. Notwithstanding the provisions of Sections 1-1-11 and 1-1-12 NMSA 1978, not later than the first Monday in November of each odd-numbered year, a board of county commissioners may designate a precinct as a mail ballot election precinct if, upon a written request of the c…

subsequent days. The county clerk or statutorily appointed supervisor of the election shall determine the hours between 8:00 a.m. and 5:00 p.m. during which the absent voter precinct polling place shall be open for delivery and registering of absentee ballots on the five days pre…

A voter may vote absentee in all candidate contests and on all ballot questions as if the voter had appeared on the day of the election to vote in person at a polling location. History: 1953 Comp., § 3-6-3, enacted by Laws 1969, ch. 240, § 129; 1975, ch. 255, § 84; 1977, ch. 269,…

A. A voter, except a federal qualified elector who is subject to the provisions of the Uniform Military and Overseas Voters Act [1-6B-1 to 1-6B-17 NMSA 1978] or the Intimate Partner Violence Survivor Suffrage Act [1-6C-1 to 1-6C-9 NMSA 1978], may apply to be added to the voluntar…

A. In a statewide election, application by a voter for a mailed ballot shall be made only on the official form approved by the secretary of state or its online equivalent accessed through a website authorized by the secretary of state. The form shall identify the applicant and co…

A. A person or organization that is not part of a government agency and that collects applications for mailed ballots shall submit the applications to the appropriate office for filing within forty-eight hours of their completion or the next business day if the appropriate office…

A. The county clerk shall mark each completed application for a mailed ballot with the date and time of receipt in the clerk's office and enter the required information in the ballot register. The county clerk shall then determine if the applicant is a voter and if the voter is a…

The county clerk shall: A. ensure that voters have adequate access to early voting in the county, taking into consideration population density and travel time to the location of voting; B. ensure that early voters are not allowed to vote in person on election day; C. ensure that …

office; alternate voting locations. A. Commencing on the twenty-eighth day preceding the election during the regular hours and days of business at the county clerk's office and on the Saturday immediately prior to the date of the election, early voting shall be conducted in each …

A. For each statewide election, the county clerk shall keep an "absentee ballot register", in which the county clerk shall enter: (1) the name and address of each absentee ballot applicant; (2) the date of receipt of the application; (3) whether the application was accepted or re…

A. The secretary of state shall prescribe the form of, procure and distribute to each county clerk a supply of: (1) official inner envelopes for use in sealing the completed mailed ballot; (2) official mailing envelopes for use in returning the official inner envelope to the coun…

A. In a statewide election, each mailed ballot sent to a voter in the election shall contain the following notice: "This ballot may be returned to the office of the county clerk or any open voting location or monitored secured container in the county where you are registered to v…

A. When voting a mailed ballot, the voter shall secretly mark the mailed ballot in the manner provided in the Election Code for marking paper ballots, place it in the official inner envelope and securely seal the envelope. The voter shall then place the official inner envelope in…

Chapter 1, Article 6B NMSA 1978 may be cited as the "Uniform Military and Overseas Voters Act". History: Laws 2015, ch. 145, § 25; 2018, ch. 79, § 7.