Chapter 1 — Chapter 1

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…

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.

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 Com…

History: 1953 Comp., § 3-5-9, enacted by Laws 1969, ch. 240, § 111; repealed Laws 2005, ch. 270, § 79.

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…

History: Laws 2003, ch. 378, § 1; 2007, ch. 336, § 20.

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…

ANNOTATIONS Repeals. — Laws 1999, ch. 55, § 1 repealed 1-6-17 NMSA 1978, as enacted by Laws 1969, ch. 240, § 142, relating to the cancellation of absentee ballots at death, effective June 18, 1999.

ANNOTATIONS Repeals. — Laws 1987, ch. 249, § 52 repealed 1-6-18 NMSA 1978, as enacted by Laws 1975, ch. 255, § 91, relating to marking the affidavit of registration, effective June 19, 1987.

History: Laws 2003, ch. 356, § 8; repealed by Laws 2015, ch. 145, § 101.

History: 1953 Comp., § 3-6-18, enacted by Laws 1969, ch. 54, § 1; repealed by Laws 2018, ch. 79, § 175.

History: 1978 Comp., § 1-6-2, enacted by Laws 1987, ch. 327, § 6; 1991, ch. 105, § 9; 1999, ch. 267, § 4; 2003, ch. 356, § 17; repealed by Laws 2015, ch. 145, § 101.

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,…

History: 1953 Comp., § 3-6-20.1, enacted by Laws 1975, ch. 255, § 93; 1977, ch. 222, § 15; 1999, ch. 267, § 22; repealed Laws 2005, ch. 270, § 79.

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…

History: 1953 Comp., § 3-6-22, enacted by Laws 1969, ch. 54, § 5; 1971, ch. 317, § 13; 1975, ch. 255, § 96; 1999, ch. 267, § 24; repealed by Laws 2011, ch. 137, § 110.

History: 1953 Comp., § 3-6-23, enacted by Laws 1969, ch. 54, § 6; repealed by Laws 2011, ch. 137, § 110.

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…

History: 1978 Comp., § 1-6-4.1, enacted by Laws 1987, ch. 327, § 9; 1999, ch. 267, § 7; 2003, ch. 355, § 3; repealed by Laws 2015, ch. 145, § 101.

History: Laws 2003, ch. 355, § 1; repealed by Laws 2015, ch. 145, § 101.

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…

History: 1978 Comp., § 1-6-5.1, enacted by Laws 1991, ch. 105, § 10; 2003, ch. 356, § 20; 2009, ch. 251, § 6; repealed by Laws 2015, ch. 145, § 101.

ANNOTATIONS Repeals. — Laws 1999, ch. 267, § 36 repealed 1-6-5.2 NMSA 1978, as enacted by Laws 1991, ch. 105, § 11, giving the secretary of state emergency authority to prescribe by regulation procedures to prevent the New Mexico national guard and reserve units from being techni…

History: Laws 1999, ch. 267, § 2; repealed by Laws 2011, ch. 137, § 110.

History: Laws 1999, ch. 267, § 3; 2005, ch. 270, § 44; repealed by Laws 2019, ch. 212, § 284.

History: Laws 2003, ch. 357, § 4; repealed by Laws 2011, ch. 137, § 110.

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 …

History: Laws 2009, ch. 251, § 2; 2019, ch. 212, § 67; repealed by Laws 2023, ch. 84, § 24.

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…

History: 1953 Comp., § 3-6-7, enacted by Laws 1969, ch. 240, § 133; 1971, ch. 317, § 8; 1975, ch. 255, § 87; 1999, ch. 267, § 10; 2003, ch. 355, § 5; 2009, ch. 150, § 4; repealed by Laws 2009, ch. 251, § 13.

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…